1.1. In these Terms & Conditions the following expressions shall have the following meanings:
Bribery: offering, promising or giving any financial or other advantage to retain business.
Client, You or Your: any person making use of the Learnerbly service.
Client Agreement: the document headed “Learnerbly Client Agreement”.
Content: all text, information, data, images, audio or video material in whatever medium or form provided by either You or Us.
Data Protection Laws: the EU General Data Protection Regulation ("GDPR") 2016/679), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any legislation and/or regulation which amends, replaces, re-enacts or consolidates them.
Fees: the fees, if any, payable by the Client as set out in the Client Agreement.
Intellectual Property Rights: all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application for such rights), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor, topography rights, database rights and rights to sue for passing off.
Learnerbly: the trading name of Enternships Limited, incorporated and registered in England with company number 06815520 whose registered office is at 9th Floor 107 Cheapside, London, United Kingdom, EC2V 6DN.
Malicious Code: code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.
Marks: any and all trademarks, trade names, service marks, trade dress, logos, URLs or identifying slogans, whether or not registered.
Non-Learnerbly Applications: a software application or other product or service that is provided by a third party and not by Learnerbly.
Services: the products and services that are provided by Learnerbly.
User: an individual user of a Service, to who We have supplied a user identification and password. Users may include, for example, Your employees, consultants, contractors and agents, and third parties with which You transact business.
We, Us or Our: Learnerbly.
Your Data: electronic data and information submitted or collected and processed by or for You using the Services.
2. Learnerbly's Responsibilities
2.1.Support Services. We will (a) provide Our standard support for the Services to You at no additional charge, and (b) use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which We shall endeavour to provide at least 8 hours’ electronic notice and which We shall schedule, to the extent practicable, during the weekend between 6:00 p.m. Friday and 3:00 a.m. Monday GMT time), and (ii) any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem , Internet service provider failure, Non-Learnerbly Application failure, or denial of service attack.
2.2.Protection of Your Data. We will maintain appropriate administrative, physical, and technical safeguards for protection of the confidentiality, integrity and availability of Your Data.
2.3.Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Your Data by Our personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by law in accordance with clause 6.3 (Compelled Disclosure) below, or (c) as You expressly permit in writing.
2.4.Learnerbly is a Data Controller registered with the Information Commissioner’s Office for the purpose of the Data Protection Act 2018 (Registration Number Z2720747). Learnerbly acts as a Data Processor on behalf of its Clients.
2.5.We will be responsible for the performance and conduct of Our employees and their compliance with Our obligations.
2.6.Learnerbly does not engage in Bribery, does not direct, authorise or knowingly permit any person who acts on its behalf or provides services to it, to engage in Bribery.
3. Client’s Responsibility
3.1.You will (a) be responsible for Users’ compliance with these Terms & Conditions, (b) managing records related to the legal basis for data processing (e.g. contracts with the data subject or consent records), (c) be responsible for the accuracy, quality and legality of Your Data and the means by which You acquired Your Data, (d) prevent unauthorised access to or use of Services, and notify Us promptly of any such unauthorised access or use, (e) use Services only in accordance with applicable laws and regulations.
3.2.Usage Restrictions. You will not (a) make any Service available to, or use any Service for the benefit of, anyone other than You or Users, (b) sell, resell, license, sublicense, distribute, rent or lease any Service, or include any Service in a service bureau or outsourcing offering, (c) use a Service to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use a Service to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorised access to any Service or its related systems or networks, (g) permit direct or indirect access to or use of any Service in a way that circumvents a contractual usage limit, (h) copy a Service or any part, feature, function or user interface thereof, (i) frame or mirror any part of any Service, other than framing on Your own intranets or otherwise for Your own internal business purposes or as permitted by Us, (j) access any Service in order to build a competitive product or service, or (k) reverse engineer any Service (save to the extent such restriction is permitted by law).
3.3.Removal of Content. If We are required by a licensor to remove Content, or receive information that Content provided by You may violate applicable law or third-party rights, We may so notify You and in such event You will promptly remove such Content. If You do not take required action, within a reasonable time, in accordance with the above, We may disable the applicable Content and Service until the potential violation is resolved.
4. Fees and Payment
4.1.Fees. You will pay all fees as specified in the Client Agreement by Direct Debit, or as otherwise agreed, and in any case no later than the due date stated on the invoice. Payment obligations are non-cancellable and fees paid are non-refundable.
4.2. Invoicing and Payment. Prior to the commencement of the Services, the Client will issue Learnerbly with a unique Purchase Order Number (PO) if required.
4.3. All Learnerbly fees are exclusive of any local VAT or other taxes. If local VAT or taxes are due in addition to Learnerbly’s fees these are also payable by the Client.
4.4. All invoices relating to this Client Agreement shall be sent to the registered address of the Client or such other address as may be notified by the Client to Learnerbly from time to time.
4.5.Overdue Charges. If any invoiced amount is not received by Us by the due date, then without limiting Our rights or remedies, (a) We may charge late interest on the outstanding balance at the rate of 5% per annum above the base rate for the time being of Barclays Bank Plc. Such interest shall accrue on a daily basis and be compounded quarterly. Learnerbly also reserves the right to pause it’s fulfilment service if Client invoices are not paid in full by their due date.
4.6.Any orders placed for learning resources via Learnerbly are subject to availability.
4.7. Prices quoted on the Learnerbly site for third party products and services are subject to change from time to time. By placing an order via Learnerbly you accept that the price payable may vary by up to the greater of £10 or 10% of the price quoted. We will inform the User and obtain their prior written consent if the price payable exceeds the price quoted by more than this amount.
4.8. License fees for access to the Learnerbly platform shall be invoiced and are payable in full in advance of the contract start date. Any additional users added during the contract term shall be invoiced monthly [in advance].
5. Proprietary Rights and Licenses
5.1.Reservation of Rights. Subject to the limited rights expressly granted hereunder, We reserve all of Our right, title and interest in and to the Services, including all of Our related Intellectual Property Rights. No rights are granted to You hereunder other than as expressly set forth herein.
5.2.License by You to Host Your Data. You grant Us a worldwide, limited- term license to host, copy, transmit and display Your Data and program code created by or for You using a Service, as necessary for Us to provide the Services.
5.3.License by You to Use Feedback. You grant to Us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by You or Users relating to the operation of the Services.
6.1.Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing. Your Confidential Information includes Your Data; Our Confidential Information includes any pricing information and information relating to the Services; and Confidential Information of each party includes these Terms & Conditions, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
6.2.Protection of Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) not to use any Confidential Information of the Disclosing Party.
6.3.Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so.
7. Data Protection
7.1 Learnerbly and the Client shall comply with their respective obligations under the Data Protection Laws, and references to “Data Controller”, “Data Processor” and “Personal Data” herein shall be interpreted as have the meanings defined within the Data Protection Laws.
7.2 Both Parties acknowledge that for the purposes of compliance with the Data Protection Laws, the Client is the Data Controller for the Personal Data and Learnerbly is the Data Processor. As such, the Client is responsible for determining the legal basis for processing personal data, and for communicating this to Learnerbly. The only personal data processing activities that Learnerbly is authorised to undertake are described in Appendix 1. These shall be formally communicated or confirmed to Learnerbly in writing by the Client and may not be determined or varied by Learnerbly. Learnerbly shall notify the Client without undue delay if it considers that the Personal Data processing instructions received from the Client are (a) unlawful, or (b) otherwise non-compliant with the Data Protection Laws.
7.3 Upon request, Learnerbly shall provide appropriate assistance to its Clients in the preparation of any Data Protection Impact Assessments (as per Article 35 of EU GDPR 2016/679) that the Client requires to be completed prior to the Personal Data processing activities commencing. Such assistance shall include:
- communicating details of the proposed Personal Data processing activities
- understanding the legal basis and necessity for the data processing activities
- identification of any rights or freedoms related to the data subjects
- communication of the processes to be followed with respect to data subject rights
- identification of controls and safeguards which address or mitigate risks
- identification of controls and activities which monitor and report data breaches
7.4 Personal Data processed by Learnerbly shall only be in accordance with the Personal Data processing activities described in Appendix 1, unless Learnerbly is required to do otherwise as required by law, in which case the Client will be advised before processing the Personal Data. Such data processing activities shall include:
- commitments to only process the Personal Data in accordance with the Client’s written processing instructions
- the implementation of protective controls and measures to protect, secure and prevent the loss or compromise of Personal Data under Learnerbly’s control
- confirming the confidentiality, integrity, skills and competencies of Learnerbly personnel who have access to the Personal Data or related IT systems
- not transfer the Personal Data outside of the EU unless the Client has provided their authorisation and the rights of the data subjects have been assessed
- as required by the Client, or at the end of the agreement, return all Personal Data and permanently and securely delete any physical or electronic copies thereof
7.5 In respect of the Personal Data processing activities of the Client, Learnerbly shall be responsible for promptly communicating to the Client:
- any changes to the supporting Data Protection Impact Assessments
- any requirements to add or change Personal Data sub-processors (if any)
- any requests that it receives relating to the exercising of data subject rights
- any complaints that it receives relating to the Personal Data processing activities
- any correspondence that is receives from the Information Commissioner’s Office
- any request to disclose Personal Data as required by Law
- any loss, theft, compromise or other breach of the Personal Data (“Loss Event”)
7.6 In respect of the Personal Data processing activities of the Client, Learnerbly shall provide assistance to the Client with regards to:
- compliance with responding to Data Subject rights requests
- investigation and communications following a Personal Data Loss Event
- responding to enquiries from the Information Commissioner’s Office
- demonstrating compliance with its obligations (see paragraph 7.7 below)
- if required, undertaking of Client audits on Learnerbly to validate its obligations
7.7 Learnerbly shall be responsible for creating and retaining such records as are required to demonstrate compliance with its Personal Data processing obligations. As an organisation with fewer than 250 personnel, Learnerbly is not obliged to retain such records, unless one or more of the following conditions apply:
- the Client has confirmed that Personal Data processing is “not occasional”
- the Personnel Data being processed contains “special categories” of data (as defined within Article 9 of EU GDPR 2016/679)
- the Client has determined that the Personal Data processing activities are likely to result in a risk to the rights or freedoms of data subjects
7.8 Learnerbly has determined that it does not require a formal Data Protection Officer role (in accordance with Article 37 of EU GDPR 2016/679). However, it has a nominated Data Protection Manager, who shall be responsible for:
- Learnerbly’s compliance with the Data Protection Laws
- The communication of data protection matters to Clients
- Being the point of contact for data subjects
- Being the point of contact for the Information Commissioner’s Office
7.9 Learnerbly and the Client agree to assess and promptly implement any additional data protection guidance which may be issued by the Information Commissioner’s Office from time to time. The Client shall have the right to request that Learnerbly updates these Terms & Conditions within thirty working days following the publication of such guidance.
8.1.Each party acknowledges and agrees for all purposes that all Marks associated with the other party or the other party’s services, products, literature, promotional materials or otherwise, whether or not registered, constitute the other party’s exclusive property. Unless the Client expressly disagrees in writing, Learnerbly will be able to refer to the Client its marketing materials and activities. However, Learnerbly will not create any case studies in relation to the Client without the Client’s express prior permission.
8.2.All uses of the Marks, including all goodwill arising, shall accrue solely to the benefit of the relevant owner.
8.3.All promotional literature and other materials prepared by either party shall bear appropriate copyright and trade mark notices as prescribed by the party whose content or branding is included therein.
8.4.Neither party shall use, register or attempt to register in any jurisdiction, or otherwise appropriate or adopt, any name, mark or logo that is confusingly similar to the Marks of the other party.
Except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, to the maximum extent permitted by applicable law. Content is provided “As Is,” exclusive of any warranty whatsoever. Each party disclaims all liability and indemnification obligations for any harm or damages caused by any third-party hosting providers.
10. IPR Indemnification
10.1.The Client shall indemnify Learnerbly against all damages, losses and expenses arising as a result of any action or claim that information uploaded by the Client or on behalf of the Client infringes the Intellectual Property Rights of a third party.
10.2.Learnerbly shall indemnify the Client against all damages, losses and expenses arising as a result of any action or claim that the Site or the Services infringes any Intellectual Property Rights of a third party, other than infringements referred to in clause 10.1.
10.3.The indemnities in clause 10.1 and 10.2 are subject to the following conditions:
10.3.1.the indemnified party promptly notifies the indemnifier in writing of the claim;
10.3.2.the indemnified party makes no admissions or settlements without the indemnifier’s prior written consent;
10.3.3.the indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require, at the indemnifying party’s costs; and
10.3.4.the indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
10.4.The indemnities in clauses 10.1 and 10.2 may not be invoked to the extent that the action or claim arises out of the indemnifier’s compliance with any designs, specifications or instructions of the indemnified party.
11. Limitation of Liability
11.1.Nothing in these Terms & Conditions excludes the liability of the Parties:
11.1.1.for death or personal injury caused by either party’s negligence; or
11.1.2.for fraud or fraudulent misrepresentation; or
11.1.3 for the consequences of personal data breaches as defined within the Data Protection Laws
11.2.Subject to clause 11.1, Learnerbly shall not be liable to the Client for any loss of profits, loss of business or revenue, loss of data, or for any special, indirect or consequential loss, costs, damages, charges or expenses howsoever arising including whether in contract and tort (including negligence or breach of statutory duty).
11.3.Subject to clause 11.1, Learnerbly’s total liability in contract, tort (including negligence), breach of statutory duty or otherwise, in respect of all claims arising out of or in connection with these Terms & Conditions shall be limited to 100% of the amount payable by Client to Learnerbly in respect of the Services to which the claim relates.
11.4 Subject to clause 11.1.3, Learnerbly shall only be liable for the personal data processing activities which it has undertaken and which, through its negligence or otherwise, have caused the breach of personal data. Learnerbly shall not be responsible for personal data breach liabilities arising from any act or omission of a Client.
11.5.We have no control over and are not responsible for other sites, services and resources provided by third parties.
12. Client Agreement
12.1.Termination. A party may terminate the Client Agreement immediately if (i) the other party commits a material breach of the Client Agreement and fails to remedy such breach within the period of 30 days from receipt of notification from the other party requiring such breach to be remedied, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors or any analogous insolvency related events in any jurisdiction.
12.2.Refund or Payment upon Termination. If the Client Agreement is terminated by You in accordance with clause 12.1 and the Term & Fees section of the Client Agreement, We will refund You any prepaid fees covering the remainder of the term of the subscription after the effective date of termination. If the Client Agreement is terminated by Us in accordance with clause 12.1, You will pay any unpaid fees covering the remainder of the term of the subscription. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination.
13. Pre-paid cards
13.1.Where Learnerbly arranges pre-paid debit cards to be issued to the Client’s employees or other identified Users:
13.1.1.You acknowledge that such cards are supplied by a third party service provided and that Learnerbly is merely procuring such third party services for the purpose of facilitating the purchase of learning products by the Client’s employees;
13.1.2.Such cards will be credited with money by Us on a case by case basis as agreed with You to enable the relevant employee to purchase an identified learning product;
13.1.3.You acknowledge that it is completely outside Our control to ensure that Your employee uses the card for the intended purpose and You agree to accept the risk of Your employee(s) using the card for any other purpose.
13.2.We charge an Administration Fee on pre-paid card transactions, as specified in the Client Agreement.
13.3.For the avoidance of doubt the Client shall be responsible for its own VAT recovery in relation to learning products purchased by its personnel through the use of pre-paid cards.
13.4.Where a User makes a purchase using a pre-paid card of a recurring subscription, the User is responsible for ensuring that future subscription charges are not applied to the same pre-paid card. Learnerbly shall not be responsible for any unpaid subscription charges incurred by Users using cards issued by Learnerbly.
14. Client Credit (Learning Credits on Account)
14.1.Where Learnerbly charges Learning Credits fees to the Client, such fees are pre-purchased credit which can be redeemed against training services or other related products or services via the Learnerbly platform.
14.2.Once the Client submits a purchase request (which has been approved if necessary), Learnerbly shall arrange for a supplier to provide the relevant products or services to the Client. Learnerbly will use best endeavours to fulfil transactions as soon as possible after receiving approval, or liaise with the Client if additional information is required in order to complete the fulfilment. The Client may agree auto-approval thresholds which will allow Learnerbly to arrange for the purchase of resources on the Client’s behalf as soon as they are requested by the User.
14.3.Once arranged by Learnerbly at the request of the Client, products and services are cancellable, if at all, strictly in accordance with the relevant supplier’s terms & conditions. If any cancellation fees are incurred these will be paid by the Client.
14.4.If the Client is dissatisfied with products or services at the request of the Client by Learnerbly, Learnerbly shall attempt to obtain a refund, but does not guarantee that it will be able to do so.
14.5.Where applicable, prices listed on the Learnerbly platform include local VAT or other taxes. Non-UK VAT and other local taxes are subject to the local relevant governing laws and may not be able to be recovered by Learnerbly.
14.6.Should a Client’s Learning Credits balance be insufficient to arrange the supply of learning resources, Learnerbly shall suspend the fulfilment of Client requests until the Credits on account are replenished by the Client. Learnerbly may provide written updates to the users explaining the delay in delivery of resources in these instances.
14.7.Learnerbly may offer the Client’s users the ability to spend Learning Budgets in GBP, EUR, or USD. Learnerbly shall assign the appropriate budget currency based on the User’s location. Learning Credits in alternative currencies may be invoiced in the budget currency directly or may be invoiced in GBP and converted by Learnerbly upon receipt. Should there be any currency conversions required the funds will be converted at the best available rate, minus any conversion fees.
14.8.Users assigned to the Global content region, as described in clause 15.2, shall be assigned Learning Budgets in GBP.
15. Content Region
15.1.Users added to the Learnerbly platform shall be assigned a Content Region, according to their geographical location. Such regions may determine the learning content they are able to view and request via the platform, and is designed to improve and localise the user experience as well as aid the delivery of content.
15.2.The designation of the content region shall be assigned by Learnerbly. Should no local Content Region be currently available for the Users’ location, such Users will be placed in Learnerbly’s Global content region on which some types of resources may not be available.v
16. Force Majeure
No party shall be liable to the other for any delay or non-performance of its obligations resulting from acts, events omissions or accidents beyond its reasonable control, including without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil compliance with any law or government order, rule, regulation or direction, fire, flood or storm. For the avoidance of doubt, this clause 15 shall not excuse the Client from any payment obligations.
No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party; and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
If any provision of these Terms & Conditions is judged to be illegal or unenforceable, then the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
The Client shall NOT assign or sub-contract or purport to assign or sub-contract any of its rights or obligations hereunder without the prior written consent of Learnerbly.
20. No Partnership or Agency
Except as agreed otherwise, nothing in these Terms & Conditions is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
21. Thirt Party Rights
These Terms & Conditions not confer any rights on any person or party (other than Learnerbly and the Client) pursuant to the Contracts (Rights of Third Parties) Act 1999.
22. Governing Law and Jurisdiction
These Terms & Conditions shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English Courts.
Appendix 1 – Personal Data Processing Activities
The registration of the Client’s employees name, address, email address, role, company and company’s address on the Learnerbly app for the purpose of establishing a user account with Learnerbly and engaging users through internal communications and for which the Client has obtained the employee’s explicit consent.
- Personal data will be shared with agreed sub-processors which are compliant with Data Protection Laws. These are:
- Google, (https://policies.google.com/privacy/frameworks/), a provider for web analytics, cloud and communications services (ie. contacting the Client’s employee about a variant in the resource vie email, sending across monthly invoices and available balance), based in the US who have declared compliance with the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU
- AWS, Amazon (https://aws.amazon.com/blogs/security/aws-gdpr-data-processing-addendum/) a provider of web analytics, cloud-based hosting and communications services based in the US who have declared compliance with the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU
- Hubspot (https://legal.hubspot.com/privacy-policy/), a provider of software products for internal communications, sales and marketing based in the US who have declared compliance with the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU
- Intercom (https://www.intercom.com/legal/privacy) a provider of communications and customer success purposes, allowing the Client’s employees to directly reach out to our support team (the communications are redirected to their work email address and they receive documentation about Learnerbly such as a welcome newsletter, notifications about new partners, resources, playlists, events and updates through this platform) based in the US who have declared compliance with the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU
- Zapier, (https://zapier.com/help/account/data-management/zapiers-data-processing-addendum), a provider of integrations services based in the US who have declared compliance with the EU-US Privacy Shield Framework, as set forth by the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU
- Slack, (https://slack.com/privacy-shield-notice/), a provider of internal communications platform based in the US who have declared compliance with the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU
- HelloSign (https://www.hellosign.com/trust/compliance/gdpr#contractual-protections) a provider of an electronic signatures platform based in the US who have declared compliance with the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU
- Typeform (https://admin.typeform.com/to/dwk6gt) a provider of online software as a service specialised in online form building and online surveys whose servers are based in the US and who have declared compliance with the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU
- Iterable (https://iterable.com/trust/gdpr-commitment/) a provider of growth marketing service based in the US who have declared compliance with the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU
- Notion (https://www.notion.so/GDPR-c8eac6ea83a64fb1a3ea3bcd5c3d4951) a provider of a note-taking and collaboration application with markdown support that also integrates tasks, wikis, and databases services based in the US who have declared compliance with the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU
- Segment (https://segment.com/legal/data-protection-addendum/) an application program interface which collects, standardises and distributes data to Learnerbly's other sub-processors who have declared compliance with the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU.
- Mixpanel (https://mixpanel.com/legal/dpa/) a data analysis tool who have declared compliance with the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU.
- Airtable (https://airtable.com/privacy) a data storage/analysis tool based in the US who have declared compliance with the Standard Contractual Clauses, as approved by the European Commission under Decision 2010/87/EU, covering the collection, use and retention of personal data transferred from the UK/EU
- Personal data will be shared with the applicable resource supplier for the purposes of booking or purchasing the requested training activity in order to make it accessible to the Client’s employee
- Upon the employee selecting a resource from the catalogue of services provided by Learnerbly on the Learnerbly platform. Resources selected by the employee are not validated by Learnerbly. Learnerbly will transfer the employee’s personal data on the client’s behalf where the consent of the Client and their employee is in place to provide the user’s personal data to the resource supplier.
- Upon the employee making an ad-hoc request to be provided with a resource which is not in the catalogue of services available from Learnerbly, and where the requesting user is therefore providing their explicit consent for their personal data to be transferred to the training provider which they have specified, and which they understand and confirm that Learnerbly will not have assessed and therefore has no liability for the training provider’s compliance with Data Protection Laws
- Upon the Client’s employee requesting a resource outside of the EU, the requesting user is thereby providing their explicit consent for their personal data to be transferred to the specified training provider, and which they understand and confirm that Learnerbly has no liability for the training provider’s compliance with Data Protection Laws
- Learnerbly has access to the Client’s employees’ purchase history in order to adapt and improve the user experience by analysing this data and adapting its platform.
- Learnerbly uses Hubspot to track and record email and attachment opening activity data for sales and marketing analytics purposes.
- User behaviour data is collected via cookies in order to better the user experience by analysing data and adjusting the platform accordingly, therefore essential to the provided service.