1. User Data
1.1 User Data shall be processed in accordance with the Privacy Policy.
1.2 User Data must not:
(a) be untrue, false, inaccurate or misleading;
(b) be libelous or maliciously false;
(c) be obscene, indecent or inappropriate for children;
(d) constitute or contain spam, which for these purposes shall include any unsolicited communications;
(e) constitute a breach of racial or religious hatred or discrimination legislation;
(f) constitute negligent advice or contain any negligent statement;
(g) link to any material or site that could breach the provisions of these Terms and Conditions;
(h) contain any legal, financial or medical advice;
(i) contain or consist of viruses, worms, spyware, adware or any other software or technologies that will or may have a material negative effect upon the performance of the Platform or a User’s computer, or introduce material security risks;
(j) be illegal or unlawful;
(k) infringe any person's legal rights or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law);
(l) constitute a breach of any contractual obligation owed to any person or entity;
(m) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(n) infringe any right of confidence, right of privacy or right under data protection legislation;
(o) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(p) be in contempt of any court, or in breach of any court order; or
(q) have ever been the subject of any threatened or actual legal proceedings or other similar complaint.
2. Data Protection
2.1 The User warrants that it has the legal right to disclose all Personal Data that it does in fact disclose via the Platform.
2.2 All User Personal Data shall be processed in accordance with the Privacy Policy and Data Protection Laws.
2.3 All persons and organisations with access to User Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
2.4 If any changes or prospective changes to the Data Protection Laws result or will result in any party not complying with the Data Protection Laws in relation to processing of Personal Data, then all parties shall use their best endeavours to promptly agree such variations to these Terms and Conditions as may be necessary to remedy such non-compliance.
2.5 The User warrants that any Personal Data of another user made available to them via their Account will not be removed or copied from the Platform, unless given explicit written consent from Enrich Learning.
PRIVACY POLICY
This Privacy Policy applies to all Users of the Platform.
1. Introduction
1.1 The definitions listed in the Use Policy also apply to this Privacy Policy.
1.2 References in this Privacy Policy to "you" are to any User using the Platform (and "your" should be construed accordingly); and references in this Policy to "us" are to Enrich Learning, Vision for Education Limited (and "we" and "our" should be construed accordingly).
1.3 This policy applies where we are acting as data controllers with respect to your Personal Data; in other words, where we determine the purposes and means of the processing of that Personal Data.
1.4 This Privacy Policy may be updated from time to time and you should check this page occasionally to ensure you are satisfied with any changes. We may notify you of significant changes by email or through the Platform.
1.5 You can contact us anytime by logging into your Account or via email.
2. Personal Data
2.1 In this Section 2 we have set out:
(a) the general categories of Personal Data that we may process;
(b) in the case of Personal Data that we did not obtain directly from you, the source of that data;
(c) the purposes for which we may process Personal Data; and
(d) the legal bases of the processing.
2.2 We may process data about your use of the Platform and Services ("Usage Data"). This may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and Platform navigation paths, as well as information about the timing, frequency and pattern of your Platform use. The source of the Usage Data is analytics tracking software. This Usage Data may be processed for the purposes of analysing the use of the Platform and Services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our Services.
2.3 We may process Account data ("Account Data”). This may include name, date of birth, country of residence, address, school, email, username and phone number. The Account Data may be processed for the purposes of operating and securing the Platform, providing the Services, and communicating with you. The legal basis for this processing is: the performance of a contract between you and us or taking steps, at your request, to enter into such a contract; and legitimate interests, namely the administration of the Platform and business and the safeguarding of our Users.
2.4 For Tutors, we may process your Tutor profile data ("Profile Data”), if applicable. This may include your photo, qualifications, accreditations, verifications, tutoring and teaching experience, availability, and the tutoring you offer. The Profile Data may be processed for the purposes of allowing you to use the Platform and our Services. The legal basis for this processing is the performance of a contract between you and us or taking steps, at your request, to enter into such a contract.
2.5 We may process the Personal Data you generate in the course of using the Platform and Services ("Service Data"). This may include your Lesson history and Lesson resources. The Service Data may be processed for the purposes of providing our Services. The legal basis for this processing is: the performance of a contract between you and us; and legitimate interests, namely the administration of our business.
2.6 We may process the data of messages that you send and receive ("Message Data"). This may include the message content, any file attachments and any associated metadata. The Platform will generate metadata associated with messages sent or received via the Platform. The Message Data may be processed to allow you to use the Platform and Services and to allow us to provide safeguarding and quality control. The legal basis for this processing is: the performance of a contract between you and us; and legitimate interests, namely the safeguarding of our Users.
2.7 We may process the data of reviews submitted ("Review Data"). This may include a star rating and a written review. The Review Data may be processed to allow you to use the Services and to allow for quality control. The legal basis for this processing is: the performance of a contract between you and us; and legitimate interests, namely the quality control of our Services.
2.8 We may process the data of recordings of online Lessons in the Tutor Room (“Recording Data”). This may include audio (microphone) and video (webcam) streams as well as presentation streams. Recording Data is generated during online Lessons in the Tutor Room. This data may be processed to provide safeguarding for Users, resolve disputes and ensure quality control. The legal basis for this processing is: the performance of a contract between you and us; and legitimate interests, namely the safeguarding of our Users and the quality control of the Platform and our Services.
2.9 We may process any of your Personal Data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.10 We may process any of your Personal Data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the protection of our business against risk.
2.11 In addition to the specific purposes for which we may process your Personal Data set out in this Section 2, we may also process any of your Personal Data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3. Third parties
3.1 For Tutors, once your Account is approved your profile data, if applicable, may be visible to other Users and may also be visible to Platform guests.
3.2 We may disclose your Personal Data to our insurers and professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.3 Your Personal Data on the Platform will be accessible to and stored by our trusted partner and Platform provider Tutexa Ltd, to allow provision and management of the Platform and in turn our Services. Tutexa Ltd is registered with the UK Information Commissioner's Office (A8425654) and has committed to ensure the confidentiality and security of your Personal Data.
3.4 In addition to the specific disclosures of Personal Data set out in this Section 3, we may disclose your Personal Data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your Personal Data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. Durations
4.1 Personal Data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
4.2 We may retain your Personal Data for a period of 2 years from the date of the most recent login to your Account or for 2 months following the closure of your Account.
4.3 Notwithstanding the other provisions of this Clause 4, we may retain your Personal Data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
5. Security
5.1 We will take appropriate technical and organisational precautions to secure your Personal Data and to prevent the loss, misuse or alteration of your Personal Data.
5.2 Your Personal Data will be stored on secure servers in the UK.
5.3 All Personal Data sent between your web browser the servers used by the Platform will be protected using encryption.
5.4 You should ensure that your password is not susceptible to being guessed, by a person or a computer program. You are responsible for keeping the password you use for accessing your Account confidential and you will only be asked for your password in order to login to your Account on the Platform.
6. Your rights
6.1 This Section 6 summarises the rights that you have under applicable data protection law. Some of the rights are complex, and not all of the details are included in these summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
6.2 Your principal rights under data protection law are your rights to: access; rectification; erasure; restrict processing; object to processing; data portability; complain to a supervisory authority; and withdraw consent.
6.3 You have the right to confirmation as to whether or not we process your Personal Data and, where we do, you have the right to access the Personal Data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of Personal Data concerned and the recipients of the Personal Data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your Personal Data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access most of your Personal Data by logging in to your Account.
6.4 You have the right to have any inaccurate Personal Data about you rectified and, taking into account the purposes of the processing, to have any incomplete Personal Data about you completed. If any Personal Data that we hold about you needs to be corrected or updated you can contact us by logging into your Account or via email.
6.5 In some circumstances you have the right to the erasure of your Personal Data without undue delay. Those circumstances include: when the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; if you withdraw consent to consent-based processing; if you object to the processing under certain rules of applicable data protection law; when the processing is for direct marketing purposes; and if the Personal Data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
6.6 In some circumstances you have the right to restrict the processing of your Personal Data. Those circumstances are: you contest the accuracy of the Personal Data; processing is unlawful but you oppose erasure; we no longer need the Personal Data for the purposes of our processing, but you require Personal Data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your Personal Data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
6.7 You have the right to object to our processing of your Personal Data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
6.8 You have the right to object to our processing of your Personal Data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
6.9 To the extent that the legal basis for our processing of your Personal Data is either consent or performance of a contract (to which you are party or in order to take steps at your request prior to entering into a contract), and such processing is carried out by automated means, you have the right to receive your Personal Data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
6.10 If you consider that our processing of your Personal Data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
6.11 To the extent that the legal basis for our processing of your Personal Data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
6.12 You may exercise any of your rights in relation to your Personal Data by contacting us by logging into your Account or via email