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Last modified on October 18, 2023
1. Introduction
This Privacy Policy applies to your use of Emtrain’s Services. Emtrain values the privacy of users who visit and use the Services (collectively or individually, “you” or “users”). We want you to be familiar with how we collect, use, share, secure, and disclose Personal Information from and about you and how you can use, access, and correct your Personal Information. “Personal Information” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations.
Your use of Emtrain’s Services is at all times subject to our Terms of Service, which incorporates this Privacy Policy. Any terms not defined in this Policy shall have the meaning given to them in the Terms of Service.
By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined in this document, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy. You may print a copy of this Privacy Policy by clicking here. If you have a disability, you may access this Privacy Policy in an alternative format by contacting privacy@emtrain.com.
2. Personal Data We Collect
User-provided Information: You may provide a variety of information about yourself to us, such as your name, work email address, and the name of your employer when you register or otherwise use the features and functionality of the Services. You may also submit identifying information in emails or letters you send us.
Workplace Conduct Questions: You may submit questions through the Site about workplace conduct issues. One feature of the Services is publishing those questions—after removing details that Emtrain believes are likely to identify the companies and individuals referenced in the questions—along with answers to the questions to provide guidance to all users of the Services.
Employer-Provided Data: Our Services require that your employer provide us with demographic data such as your name, email information, and other information related to your role within the Company, which may include your manager, direct reports, and your position within the Company’s organization chart. Employers may provide us with additional demographic information to better understand survey response trends.
Survey Data: As part of our Services, you may provide personal sentiment data about your perceptions and experiences in the workplace by responding to the survey questions embedded within the Emtrain learning experience. A feature of our Services is confidentially compiling, aggregating, and benchmarking learner responses across those in the Emtrain database.
Device/IP Information: The Site collects certain information automatically and stores it in log files. The information may include Internet Protocol address (“IP Address”), the region or general location where your computer or device is accessing the internet, device and browser types and identifiers, operating system a unique user ID, referring and exit page addresses, software, and system type, and information about your usage of the Services, including a history of the pages you view.
Emtrain uses automatically collected information include, among other things, to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you access the Emtrain Services; (b) provide customized content and information; (c) monitor the effectiveness of marketing campaigns; (d) monitor and store aggregate site usage metrics such as total number of visitors and pages accessed; and (e) track your entries, submissions, and status in any promotions or other activities.
Web Analytics: The Site collects certain data for analytics purposes, such as web page interactions, referring webpages through which you accessed the Services or statistics associated with the interaction between the device or browser and the Services.
Information from Other Sources: We will not obtain Personal Information about you from third parties, such as advertisers or social media networks.
Non-Personal / Aggregated Data: In addition to any Personal Information you may voluntarily provide to us, the Services also collect general information regarding visitors and users as it relates to their use of the Services (“Aggregated Data”). This information is collected automatically each time a user navigates the Services. The term Aggregated Data includes such information as traffic patterns, number, frequency, and duration of visits to certain pages, visits from other websites or to third-party websites linked to the Site, use of particular services and interest in services, information or features of the Services made available through or found through the Services. This information is non-personal and is useful for improving the content and navigational tools of our website. Aggregated Data may also include information or data obtained from you or other sources which have been combined with or compiled from other information or data in such a manner as to no longer be personally identifiable or linked to an individual. Aggregated Data is not considered Personal Information for the purposes of this Privacy Policy.
3. How We Use Personal Information
Emtrain uses Personal Information to operate, maintain, enhance, provide, research, create, develop, and validate the features, functionality, and services (new or existing) found on the Services; improve your experience with the Services by delivering products that we hope you will find relevant and interesting; and understand the usage trends of our users.
Emtrain may also use Personal Information for purposes such as billing, analytics, client support, account management, security and fraud prevention, and marketing efforts.
We use your company email address to communicate with you, including to notify you of major Services updates, for client service purposes, or to contact you regarding any content that you have posted to or downloaded from the Services or send you service-related email announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. You do not have the option to opt out of these emails, which are not promotional in nature. If, at any time, you or your organization would like to unsubscribe from receiving future marketing emails, we include ‘unsubscribe’ instructions at the bottom of each email.
4. When We Disclose and Share Information
Emtrain does not sell, trade, or otherwise transfer your Personal Information to third parties for commercial use.
We may share such information for the following purposes:
We may disclose such information to service providers working on our behalf to provide website hosting, maintenance, and security services; to research partners to conduct data analysis and validation studies; offer additional features and functionality; or assist Emtrain in improving the Services and creating new services and features. We require that these parties process such information in compliance with this Privacy Policy, we authorize them to use the information only for the purposes for which it is provided to them, and we require them to use reasonable confidentiality measures.
If you access the Services in connection with an Enterprise Account Holder (which may be your employer), Emtrain will not disclose Personal Information to such Enterprise Account Holder, but we may inform the company you identify as your associated Enterprise Account Holder that one or more of its unidentified personnel have indicated interest in topics addressed in the Services, as part of our marketing efforts. [Further, we may disclose to your associated Enterprise Account Holder that you have undertaken or completed certain courses on the Services in order to assist the Enterprise Account Holder in compliance and training tracking.]
Emtrain may disclose your Personal Information if we believe in good faith that such disclosure is necessary to comply with U.S. state and federal laws or other applicable laws around the world (for example, in the country of your residence); respond to a court order, judicial or other government request, subpoena, or warrant in the manner legally required; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.
Emtrain also reserves the right to disclose Personal Information that we believe, in good faith, is appropriate or necessary to protect Emtrain from potential liability or from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims, or allegations; protect the security or integrity of the Services; or protect the rights, property, or safety of Emtrain, our users, or others.
5. Choice
You may decline to share certain information with Emtrain, in which case Emtrain may not be able to provide you with some of the features and functionality associated with the Services. If you have created an Emtrain account, then you can update your profile information and preferences or disable your account by logging in and going to the “Settings” page. If you close your account, Emtrain may retain certain Personal Information about you for the activities described in this Privacy Policy or as permitted or required by applicable law. We may further retain indefinitely information in a de-identified or aggregated form where that information would not identify you personally.
Emtrain will only collect, use, and disclose information as described in this privacy policy. Emtrain will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Emtrain will provide individuals with reasonable mechanisms to exercise their choices. In order to make such requests, please contact us at privacy@emtrain.com.
6. Cookies; Do Not Track
Emtrain uses cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. Cookies are text files that a site or its service provider transfers to your computer’s hard drive through your web browser that enable the site’s or service provider’s systems to recognize your browser and capture and remember certain information.
Cookies alone do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering with Emtrain. However, once you choose to furnish Emtrain with personally identifiable information, that information may be linked to the data stored in the cookie. You can choose not to receive a cookie file by directing your web browser to refuse cookies or to prompt you before accepting a cookie. You can also delete all cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please http://www.allaboutcookies.org/.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, but we do not recognize or respond to browser-initiated DNT signals. It’s also important to note that we do not allow third-party behavioral tracking.
7. Data Protection and Security
Emtrain uses a variety of managerial, technical, and physical measures to protect the integrity and security of your Personal Information. These measures may vary based on the sensitivity of your Personal Information. However, no security precautions or systems can be completely secure. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanisms, limiting access to your computer or device and browser, and signing off after you have finished accessing your account. We cannot ensure or warrant the security of any information you transmit to Emtrain, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you have any questions about the security of your Personal Information, you can contact us at privacy@emtrain.com.
8. Third Party Services and Websites
The Services may link to External Sites. The privacy practices of those third parties are not governed by this Privacy Policy. We encourage you to review the privacy policies of these third-party websites and services to understand their practices.
9. Personal Information of Children
We do not knowingly collect or solicit Personal Information about children under 13 years of age; if you are a child under the age of 13, please do not attempt to register for or otherwise use the Services or send us any Personal Information. If we learn we have collected Personal Information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided Personal Information to us, please contact us at privacy@emtrain.com.
10. California Privacy Rights
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Information of our clients’ end users or employees in connection with our provision of certain services to our clients. If we are processing your Personal Information as a service provider, you should contact the entity that collected your Personal Information in the first instance to address your rights with respect to such data.
If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@emtrain.com.
Access
If we have disclosed your Personal Information to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Information shared with each category of third-party recipient. If we have sold your Personal Information over the past 12 months, we will identify the categories of Personal Information sold to each category of third-party recipient.
Deletion
You have the right to request that we delete the Personal Information that we have collected about you. Under the California Consumer Privacy Act (the “CCPA”), this right is subject to certain exceptions: for example, we may need to retain your Personal Information to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Exercising Your Rights
To exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods
You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
Personal Information Sales Opt-Out and Opt-In
We will not sell your Personal Information. Emtrain does not sell, trade, or otherwise transfer your Personal Information to third parties for commercial use. For questions or concerns, please contact privacy@emtrain.com.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you with a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Information that we receive from you.
11. Other State Law Privacy Rights
Emtrain does not sell, trade, or otherwise transfer your Personal Information to third parties for commercial use. For questions or concerns, please contact privacy@emtrain.com.
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@emtrain.com.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at privacy@emtrain.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.
12. Other People’s Personal Information
You should obtain the consent of any third party prior to your providing any Personal Information of that third party through the Services, as any access to view or change his/her information may be available only through your account.
13. Information Related to Data Collected for our Clients
Emtrain collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer Personal Information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.
Access and Retention of Data Controlled by Our Clients:
We acknowledge that you have the right to access your personal information. Emtrain has no direct relationship with the individuals whose personal data it processes. An individual who seeks access or who seeks to correct, amend, or delete inaccurate data should direct his query to the Emtrain’s Client (the data controller). If requested to remove data, we will respond within a reasonable timeframe.
We will retain the personal data we process on behalf of our Clients for as long as needed to provide services to our Clients. Emtrain will also retain this Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
14. Transfers of Personal Information
The Services are hosted and operated in the United States (“U.S.”) through Emtrain and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Information about you, regardless of whether provided by you or obtained from a third party, is being provided to Emtrain in the U.S. and will be hosted on U.S. servers, and you authorize Emtrain to transfer, store and process your information to and in the U.S., and possibly other countries.
Emtrain Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Emtrain Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF.
Emtrain Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
Emtrain Inc. is responsible for the processing of personal data it receives, under the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and Swiss-U.S. DPF and subsequently transfers to a third party acting as an agent on its behalf. Emtrain Inc. complies with the EU-U.S. DPF Principles and the Swiss-U.S. DPF Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over Emtrain Inc.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. In certain situations, Emtrain Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Emtrain Inc. commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact Emtrain Inc at: privacy@emtrain.com. Emtrain Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding EU-U.S. DPF, the UK Extension to the EU-U.S DPF, and Swiss-U.S. DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.
15. Merger or Sale
If Emtrain, or some or all assets related to the Services are acquired by or merged with a third-party entity or because of a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event. In this event, you will be notified via email and/or a prominent notice on our website of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.
16. Contact Information
Please direct any questions or comments about this Privacy Policy to Emtrain’s Privacy Officer at privacy@emtrain.com.
Sacramento Office
1731 J Street, Suite 200
Sacramento, CA 95811
General Contact
+1 800 242 6099
17. Changes and Updates to this Privacy Policy
Emtrain reserves the right to change, modify, add, or remove portions of this Privacy Policy at any time (for example, to reflect updates to the Services or to reflect changes in the law). If Emtrain makes any material changes to this Privacy Policy, we will provide you notice of these changes, such as by sending an email, posting a notice on the Services, or updating the “Last Updated” date above. Please check this Privacy Policy periodically for those changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.
