Prograds Privacy Policy

This privacy policy (the “Privacy Policy”) sets out the terms and conditions under which you may access or download content that we offer on the website located at https://Prograds.com and https://app.Prograds.com (the “Website”) through a web browser, and generally use our services including participating in discussions and other community features of the Website (collectively “Prograds Services”). This Policy applies to all users of the Prograds Services and is incorporated into and made a part of the Terms of Service.   “We” “us” or “our” is defined as Prograds Inc. and its affiliates, officers, agents, partners, and employees. Where applicable, “you” or “your” is defined as an individual user of the Prograds Services, including institutional users, professors, instructors and student users. Your use of the Prograds Services means that you accept, and agree to abide by, all provisions of this Acceptable Use Policy, which supplements our Terms of Service.

Application of This Policy

This Privacy Policy explains how we collect, use and disclosure of your personal information. This Privacy Policy will be continuously assessed against new technologies, business practices and our users’ needs. As we update, expand and diversify our products and services, this Privacy Policy may evolve. Please check this Privacy Policy from time to time for updates by checking the date of the “Last Update” at the top of this document. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). A link to our Privacy Policy will be provided on the home page of our Website. All changes will take effect within 30 days of being posted on our home page or otherwise notified to users unless a shorter period of time is required in order to comply with applicable laws. You acknowledge and agree that your access of our Web sites and your use of our services following any posted changes to the Privacy Policy indicate your acceptance of such changes.

We also encourage you to review the Terms of Service (the “Terms of Service”), which governs your use of and provides the terms and conditions under which we provide, and you may use, the Prograds Services. 

What is Personal information?

In this Privacy Policy, “Personal Information” means information that identifies or can be used to identify a living individual, including, without limitation, your name, address, e-mail address, country of residence, and other information when such information is combined with other information (e.g. name of education institution, student ID, citizenship, etc.). Personal Information does not include business contact information (for example, if you are an administrative user on behalf of an educational institution, your email address at the institution might not be deemed Personal Information). Personal Information also does not include “aggregate” information, which is data we collect about and through the use of our Website and the Prograds Services and may include anonymized data which does not identify any individuals. Our Privacy Policy does not restrict or limit our collection and use of aggregate information or other types of non-personal information.

Consent

By accessing and using the Prograds Services, you fully understand, accept and voluntarily consent to the collection, use, retention and disclosure of Personal Information in accordance with this Privacy Policy. It is always your choice whether or not you provide us with your Personal Information; however, a decision to withhold Personal Information may restrict or prevent us from providing you with subscriber features of the Prograds Services. We will only collect, use, and disclose your Personal Information in accordance with this Privacy Policy, except where otherwise permitted or required by applicable law or regulatory requirement.

How to Opt-Out / Withdraw Consent

You can withdraw your consent for the use of your Personal Information at any time by requesting the deletion of your Account or by providing written notice to us of that withdrawal. However, you acknowledge that we may retain Personal Information for audit or archival purposes or as required by applicable federal, state, and provincial laws. You can also review and update your Personal Information through the user features in your Account.

If you opted-in to receive marketing communications, but wish to discontinue receiving the same, you may follow the “unsubscribe” instructions included within each e-mail communication or by selecting or deselecting (depending on the service) the appropriate option in your Account settings. Though you may choose to not receive marketing communications, you cannot opt-out of receiving transactional or Account communications related to services or products that you have requested (e.g. purchase confirmation e-mails and receipts) or important updates from us from time to time relating to the Prograds Services or updates to the legal terms that govern your use of the Prograds Services.

Collection of Personal Information

Certain features of the Prograds Services require you to first complete a registration process and establish an account (“Account”).  In doing so, you will be required to provide basic information such as your first and last name, educational institution, valid email address for your educational institution and establish a password (“Account Information”). We will retain Account Information and associate it with your Account.

You are responsible for updating and maintaining the truth and accuracy of the personal information you provide to us relating to your Account. If you want to update the personal information, you have provided to us, you should do so by emailing support@prograds.com.

Access to Your Personal Information

For students, our servers automatically record information about your use of the Prograds Services, including, without limitation, log-in times and when and for how long you remain logged in. This information will be associated with your Account. We store and maintain personal and associated Account information in order to provide the Prograds Services.

We may conduct statistical analyses on students’ progress in their programs to study the effectiveness of the Prograds Services as legitimate educational research. No identification of users will be revealed at any point to any third party. We do not sell, rent, trade or otherwise disclose Personal Information and Account Information about our users.

When payment is made by credit card, credit card information, including the card number, expiry date and security code, are securely collected by us and passed directly to payment processors over a secure socket layer (see the section entitled “Payment Processor” below). Credit card data is not retained by us in any form.

Use of Your Personal Information

If you are a student, instructor, or staff member at an educational institution:

You  acknowledge that Prograds may use Personal Information that you voluntarily disclose to us to:

• provide you with information about new features of the Prograds service;
• assist us in creating better products and services to meet your needs;
• allow you to obtain access to the Prograds Services or otherwise engage in activities you select;
• provide you with technical support;
• send transaction-related communications such as welcome emails, password reset confirmations, and media upload or comment notifications;
• restrict the availability of some of the products, services and content to certain parts of the world, where required for legal reasons, by using your address, IP address and other information in order to enforce those restrictions.

Disclosure of Your Personal Information

Except as otherwise disclosed to you, Prograds will not sell or rent your personal information to any other party and will only use and disclose your personal information for the purposes for which it was collected as described in this Privacy Policy. However, you agree that Prograds may disclose your personal information in the circumstances set out below:

• if you are a student, we may disclose your personal information to administrators and to your graduate program supervisors and committee members.  
• we may disclose your Personal Information with your prior consent;
• we may be required by law to disclose Personal Information without your consent in the event of emergency situations or when required by government or other legal authority;
• we may also disclose Account Information to the administration of any institution (at which you are a professor/instructor) for administrative purposes including the right for the institution to compile a list of instructors who use the Prograds Services and contact such instructors in order to obtain references to evaluate an implementation of the Prograds Services;
• we also disclose Personal Information to third parties in connection with a corporate re-organization, merger or amalgamation, or the sale of all or substantially all of our assets, provided that, where appropriate, any party to whom the information is disclosed is bound by agreements or obligations, and required to use or disclose your Personal Information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise; and
• we may share your Personal Information with service providers who perform services on our behalf.  For example, we may hire other companies to handle the processing of payments, collect debts, to provide data storage, to host websites, to fulfill orders, to assist in direct marketing, to conduct audits, etc. Those companies will be permitted to obtain only the Personal Information they need only as necessary to provide services to us. Each company is bound by agreement or obligations with us to implement and maintain reasonable security procedures and practices in order to use and disclose your Personal Information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise. We take all reasonable measures and precautions to protect your Personal Information when it is being handled by our service providers. If you wish to obtain more information on our use of service providers and our policies and practices regarding such service providers, please contact us as set forth below.
• As of June 1, 2021 the service providers to which this clause refers are:
• Bubble.io.  Bubble provides the application platform. It, in turn is hosted on Amazon Web Services (AWS). Bubble’s Privacy Policy sets out the terms under which Bubble has access to your data to provide their services to Prograds. https://bubble.io/privacy
• Stripe. Stripe provides payment processing.

Retention of Personal Information

We maintain information about you for as long as we provide services to you, and for as long as it remains necessary for identified purposes or as required by law which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse: specifically, we will retain your name and email and the length of time that you used the service so that we are able to prevent users from taking advantage of multiple trial periods or, for a 30 day period after the cancellation of servce, for account recovery or reinstatement at your request. We may also retain data that has been anonymized (personal identity detached from the content) for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy. If as an individual user, you request that your name be removed from our databases, we will endeavour to do so. If an institutional user requests that all account information be completely deleted, we will retain the data for 30 days and then completely delete all data and identity information associated with that account. We will waive that 30 day period upon request and in that case delete data immediately.

Safeguards We Have in Place

We store and process your Personal Information on Bubble’s servers on AWS in the US-West region. This digital infrastructure meets and often exceeds industry security standards. Your data may be available to government bodies or their agencies under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information. We employ reasonable managerial and technical measures to ensure that your Personal Information is secure. In addition, Prograds executives and employees work constantly to maintain data accuracy and prevent unauthorized access to sensitive information.  Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your Personal Information and do not assume any liability for improper access to it. The Internet is not a secure medium and you acknowledge and agree that the privacy of your e-mail communication and Personal Information can never be guaranteed as any e-mail communication may be lost, intercepted or altered. By using the Prograds Services, or providing Personal Information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Prograds Services. 
Incident Management and Data Breach Notification

Prograds promptly evaluates and responds to incidents that create suspicion of or indicate unauthorized access to or handling of Users' Personal Information.

If Prograds becomes aware and determines that an incident involving Users' Personal Information qualifies as a breach of security leading to the misappropriation or accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Users' Personal Information transmitted, stored or otherwise processed on Prograds systems that compromises the security, confidentiality or integrity of such Users' Personal Information, Prograds will report such breach to the affected Department (Customer) and its Users within 48 hours.

As information regarding the breach is collected or otherwise reasonably becomes available to Prograds and to the extent permitted by law, Prograds will provide You with additional relevant information concerning the breach reasonably known or available to Prograds.

Compliance with FERPA

For USA users, please note that our data protection and privacy policies are structured to be FERPA-compliant. For further information about FERPA compliance, please contact us at legal@Prograds.com .

Minors

The Prograds Services are intended for tertiary level students, professors and/or instructors and not intended for children under the age of 16, except in the case of a youth sports or cultural organization that has entered into a separate agreement with Prograds Inc. No one under age 10 is allowed to register for the Prograds Services or provide any Personal Information. Minors between the ages of 10 and 17, inclusive, must obtain the permission of their parent of legal guardian before using the Prograds Services.

Collection of Non-Personal Information

You acknowledge and agree that from time to time we may collect non-personal information from your use of the Prograds Services, which may include, without limitation, server log files, environmental variables (such as MAC address, computer type (Windows or Macintosh), screen resolution, IP addresses, or areas of a site being clicked on most frequently, OS version, Internet browser, and Internet browser version) in order to help us deliver better service and user experience. We and our service providers (including ad servers, outbound email vendors, affiliate vendors and search engine advertising agencies, and providers of web analytics tools) and business partners may also use “cookies” as well as so-called “pixel tags,” “web beacons,” “clear GIFs” and other similar technologies to help us deliver a better service and user experience and to facilitate your ongoing access to and use of the Prograds Services Cookies are files saved to your computers through your Web browser to enable websites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to understand and save your preferences for future visits and to compile aggregate data about site traffic and site interaction, so that we can offer better site experiences and tools in the future. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. If you choose to reject all cookies, you may not be able to access the Prograds Services.  To learn more about cookies, please visit http://www.allaboutcookies.org/. You may find more information about opting out of most third-party service cookies at www.networkadvertising.org or other related sites.

You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page. Google has additional information available about their Remarketing Privacy Guidelines, and Restrictions.

Hyperlinks

The Prograds Website and Services are connected by “hyperlinks” to other websites. We make no representation, warranty, covenant, or claim regarding, and expressly disclaim and deny any responsibility or liability for the privacy practices on any third-party website or resource accessible by hyperlink from our Website. The inclusion of any such hyperlink does not suggest, represent, warrant, covenant or imply that we monitor, endorse, adopt, imply affiliation or exert any control over such website or linked resource whatsoever.  These hyperlinks are provided only as a convenience.

When you leave our Website, you acknowledge and agree that our terms and policies do not govern your access to, and use of, other websites.  We recommend that you review the applicable privacy and data gathering practices of any website or linked resource to which you navigate from our Website.

Social Media Widgets

Our Website may include Social Media Features, such as the Facebook button and Widgets, such as the “Share this” button or interactive mini-programs that run on our Website. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

Payment Processor

We will, from time to time, use industry-leading payment processors for our services. You acknowledge and agree that if you are the individual paying for a Prograds license, we may disclose personal information to these providers such as your name and email address, so that these providers may contact you directly for personal information such as credit card information. We provide payment processors with the minimal set of personal and billing information required to process your payment and minimize fraudulent payment risk. You acknowledge and agree that we make no representation, warranty, covenant, or claim regarding, and we expressly disclaim and deny any responsibility or liability for, the privacy practices in regard to any Personal Information that we disclose on your behalf or you provide to these providers directly or any other party in relation to purchasing a product or service from our Website.

Interpretation of this Privacy Policy

This Privacy Policy does not create or confer upon any individual any rights, or impose any obligations on us, in addition to any rights or obligations imposed by Canada’s applicable federal and provincial privacy laws.  Should there be any inconsistency between this Privacy Policy and Canada’s applicable federal and provincial privacy laws, this Privacy Policy will be interpreted to comply with the applicable privacy laws.

Unless otherwise stated above, any services that we provide are operated by us from Canada, and we do not intend that the Prograds Services subject us to the laws or jurisdiction of any state, country or territory other than that of Canada. We do not represent or warrant that the Prograds Services, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Prograds Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Prograds Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

California Users

In accordance with California Civil Code 1798.83, California residents are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814, or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

United Kingdom and European Union Residents

If you are a resident of the United Kingdom or the European Union, the applicable data protection legislation permits you to request that we tell you what Personal Information we hold about you and how we process it and that we provide you with a copy of that information. You are also entitled to access, rectify, change, update, delete, revoke, or improve upon your Personal Information at any time. You can exercise this right free of charge. We may ask you to provide further information to confirm your identity before considering your request. To make such a request, please send an email or write us using the contact information under “Privacy Policy Information”.

Privacy Policy Information

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact us by mail or email at:

We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you.