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Privacy Policy

1. INTRODUCTION

This is the global Privacy Policy for Edison Live, LLC. We respect your privacy and are committed to protecting your Personal Data. This Privacy Policy, in conjunction with any other privacy notices we may provide on specific occasions, explains how we collect, use, disclose, retain and protect your Personal Data when you visit or use the Services and provides you with information concerning your privacy rights.

In order to make this Privacy Policy more readable, we have defined some important terms below. Please review those definitions and the rest of this Privacy Policy carefully before using the Services.

2. WHO WE ARE

Edison Live, LLC (“Edison”) is the controller for your Personal Data collected through the Services. Edison has appointed a Data Privacy Manager who is responsible for overseeing our compliance with this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the Data Privacy Manager using the information provided below.

3. CHANGES TO OUR PRIVACY POLICY

This Privacy Policy supplements other notices and privacy policies and is not intended to override them. We may update our Privacy Policy to account for changes in privacy laws, regulations, or our operations at any time. Your continued use of our Services or your acknowledgment that you have received a notification will be deemed as your acknowledgment and acceptance of any changes to the Privacy Policy.

4. CHILDREN’S PRIVACY

This section of the Privacy Policy applies only to use of the Services by children and to any Personal Data collected by the Services which may be used to identify a child. Terms defined elsewhere in this Privacy Policy have the same meanings within this section.

a. Information We collect From and Concerning Children. We do not knowingly allow children under the age of 13 to create accounts or provide Personal Data without written parental consent. If we discover that any registered account belongs to a child under 13 for whom we do not have written parental consent, we will immediately disable and delete that account.

b. Digital Classrooms. Edison partners with schools to provide video communications to support traditional, virtual, and hybrid classrooms, distance learning, educational office hours, guest lectures, and more. As part of the services we provide to K-12 schools, students under the age of thirteen 13 may attend meetings hosted by K-12 Moderators. With respect to students, K-12 Moderators that invite their students to a Meeting consent on behalf of parents to our collection of their students’ Personal Data in connection with that Meeting.

c. How We Use and Disclose Children’s Data. We do not knowingly disclose the Personal Data of children under thirteen 13 without written parental consent. We encourage parents to educate their children about safety online and to carefully monitor their children’s use of online applications or social media to ensure they do not disclose their personal information through them. Any information we knowingly collect concerning students under 13 in connection with a Meeting hosted by a K-12 Moderator is used to provide the Services to schools and for no other commercial purpose.

d. Accessing and Correcting Your Child’s Personal Data. If you believe that your child or any other child under 13 has created an account or used the Services without parental consent, please contact the Data Privacy Manager using the information provided within this Privacy Policy.

Any child under 13, the child’s parent or lawful guardian, or any K-12 Moderator that has consented to that child’s use of the Services may review the child’s Personal Data, require Edison to correct or delete that Personal Data, or refuse to permit Edison to continue collecting or using the child’s Personal Data by contacting the Data Privacy Manager using the information provided below. Please note that removal of any such information may not remove all traces of Personal Data contained within the Personal Data to the extent that the same Personal Data exists in our backup and compliance systems.

5. Personal Data Collected

Edison may collect, use, store, transfer the following categories of Personal Data about you:

  • Identity Data which includes name, username or other identifying identifier, date of birth, gender, country of residence, and language of choice.
  • Contact Data which includes residential or postal address, email address, telephone numbers.
  • License Data which includes information related to the account and licenses granted to each data subject by Edison.
  • Technical Data which includes Internet Protocol (“IP”) address, your login data, browser type and version, time zone setting and geolocation, browser plug-in types and versions, operating system and platform, other technology on the devices you use to access the Services, if you access the Services through different devices (for example, through your mobile phone or personal computer), Media Access Control (“MAC”) address, Service Set Identifier (“SSID”), and other network or device identifying information.
  • Technical Data collected through Edison’s Intellectual Property protection mechanisms which may include, without limitation, information on time of use and number of uses of software and computer and network identification information such as, but not limited to hostnames, IP address, SSID, and organization domain information.
  • Usage Data which includes information about how you use the Services.
  • Marketing and Communications Data which includes your preferences in receiving marketing from us and our third parties, your other communication preferences, and our own records of marketing or other communications of which you are the subject, and any other information you provide to us through your submission of a form within the Services.

Edison may collect, use, and share aggregated data that does not identify any individual for any purpose, including Personal Data that has been sufficiently de-identified or anonymized. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a particular feature within the Services. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.

We do not collect any special categories of Personal Data such as race, ethnicity, religious or philosophical belief, sexual activity or orientation, political opinions, trade union membership, or health. Edison does not collect genetic or biometric data, nor information relating to any criminal convictions or offenses.

6. How Your Personal Data is Collected

Edison collects Personal Data through the following means.

  • Direct interactions. You may provide us with your Identify, Contact, Financial, Transaction, and License Data by using our Services, completing forms or by corresponding by mail, phone, email, or otherwise.
  • Automated technologies or interactions. As you interact with our Services, we will automatically collect Transaction, Technical, and Usage Data. Edison collects these categories of Personal Data by using cookies, server logs, web beacons, and other commonly used technologies. Edison may receive and process Technical and Usage Data about you if you visit other websites which employ our cookies. Software distributed by Edison, its affiliates, and any applicable resellers may contain security mechanisms intended to detect the installation or use of unauthorized copies of the software, and may collect and transmit Technical Data and other forms of Personal Data relating to such copies (including data relating to use of such copies, the machines on which such copies are accessed or used, and network and user configuration data) to Edison or one of its affiliated third parties.
  • Third parties or publicly available sources. Edison may receive Personal Data about you from various third parties described below:
    • Technical, Usage, and Marketing and Communications Data from analytics providers, advertising networks, and search information providers.
    • Identity, Contact, and Financial Data from technical, payment, and delivery service providers.
  • Cookies. The Services use cookies, web beacons and similar commonly used technologies to distinguish you from other users and visitors to our Services. The use of these technologies helps Edison provide you with a user-friendly experience when you utilize our Services, and helps Edison develop our Services for future use.
    • A web beacon (commonly referred to as a clear gif, pixel tag, or single-pixel gif) is a small electronic file that permits Edison, for example, to count users who have visited our Services or opened an email and for other related statistics (such as recording the popularity of certain website content or verifying data integrity).
    • A cookie is a small text file of letters and numbers that Edison may store in your browser or on the hard drive of your computer or mobile device. Cookies contain information that is transferred to your computer’s or mobile device’s hard drive. Edison uses the following types of cookies:
      • Strictly necessary cookies. These cookies are required for the operation of our Services. These cookies must be placed in order for the Services to function properly and users cannot opt out of receiving them.
      • Analytical and performance cookies. These cookies allow Edison to recognize and count the number of visitors and to see how visitors move around the Services when they are using it. This helps us to improve the way our Services work. Edison will place these cookies unless our users have opted out.
      • Functionality cookies. These cookies are used to recognize you when you return to our Services. This enables Edison to personalize the content for you and to remember your preferences. Edison will place these cookies unless our users have opted out.
      • Targeting cookies. These cookies record your visit to the Services, the pages you have visited and the links you have followed. Edison will use this information to make the Services, and the material displayed on it, more relevant to your interests. Edison may share this information with third parties for this purpose. Edison will only place these cookies with your consent and will not place these cookies with respect to any Meeting hosted by a K-12 Moderator.

You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Services may become inaccessible or not function properly. Because there is no industry or legal standard for recognizing or honoring do-not-track (“DNT”) signals, the Services does not treat users that transmit a DNT signal differently than those users that do not. For more information about DNT signals, you may visit www.allaboutdnt.com.

7. Purposes For Which Edison Processes Your Personal Data

Edison collects, uses, discloses, and stores your Personal Data for the following purposes:

  • Fulfillment of Contract. Edison may use your Personal Data to fulfill the services that you use through our Services, which is our performance of a contract with you.
  • Legitimate Interests. Edison may use your Personal Data for any reason that is necessary for our pursuit of our legitimate interests (or those of a third party) so long as any prospective harms to your rights and freedoms under applicable Law do not override those interests. This includes monitoring and preventing software piracy. In some cases, this may also include marketing.
  • Compliance with Legal Obligations. Edison may use your Personal Data to comply with a legal obligation or court order.
  • Consent. Where Edison collects your consent, we may use your Personal Data in any manner consistent with that consent. In some cases, this may include marketing. You may revoke your consent at any time by contacting us as provided below or by using any consent revocation mechanism we make available within the Services.
  • Where Edison collects, uses, discloses, or stores your Personal Data for marketing and promotional purposes, our lawful basis for doing so and your rights to restrict that use depend on the context in which the Personal Data were collected and certain other factors.

  • Promotional Marketing. Except where prohibited by the terms of this Privacy Policy or by Law, we may use Personal Data to form a view on what we think our users may want or need, or what may be of interest to them, and may use this information to deliver tailored advertisements to a user. We do not share Financial Data for promotional purposes.
  • Third-party marketing. We will collect your express opt-in consent before we share your Personal Data with any third party for marketing purposes where such consent is required by Law.
  • Opting out. You can opt out of (i) our disclosure of your Personal Data to third parties that are not our agents or service providers and (ii) our use of your Personal Data for direct marketing purposes by contacting us as provided below, by using any opt-out mechanism we make available within the Services, or by revoking your consent to such marketing as described above (where applicable). Please note that, even if you have opted out of sharing with third parties, your Personal Data may still be disclosed to third parties to the extent that you provide it to the general public.

Edison will use your Personal Data only for the purposes for which we collected it unless we reasonably consider that we need to use it for another purpose that is compatible with the original purpose. For more information, please contact the Data Privacy Manager using the information provided below. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so in a revised Privacy Policy or other privacy notice. Please note that we may process your Personal Data without such notice to the extent required or permitted by Law.

8.Disclosures of Your Personal Data

Edison may share your Personal Data with the following entities:

  • Service providers who provide data processing, payment processing, IT and system administration services, professional advice (including lawyers, bankers, auditors and insurers, who provide consultancy, banking, legal, insurance and accounting services), and other related services.
  • Edison’s parent company and any affiliates.
  • Marketing and promotional service providers, with your consent.
  • Third parties to whom Edison may choose to sell, transfer or merge parts of our business or our assets.
  • Law enforcement, judicial or similar officers, or other governmental entities where required or permitted by Law.

Edison may also receive Personal Data from these entities. We require all third parties with whom we contract to respect the security of your Personal Data as required by Law. All third parties which receive Personal Data are, contractually, required to implement all necessary technical, physical, and administrative safeguards to prevent unauthorized access to, or processing, transfer, or disclosure of Personal Data. We do not allow our third-party service providers to use your Personal Data for their own purposes except as described in this Privacy Policy. We only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

9. Piracy Monitoring

Software piracy is illegal. Edison and its affiliates reserve the right to take any action permissible by Law to stop piracy of any developed products and hold responsible those who engage in the piracy or misuse of those developed products. By using any services made available from Edison, you should be aware that Edison and its affiliates, and their agents, contractors, suppliers, successors and assigns, will collect, store, use and transfer Technical Data for the purposes of identifying users of unauthorized access and protecting and enforcing intellectual property rights. If you are unauthorized to use the Services, cease using Services and immediately and contact Edison.

10. Data Security

Edison has implemented appropriate technical, physical, and administrative measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, Edison limits access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. Collectively, they will only process your Personal Data in accordance with instructions issued from Edison, and they are subject to a duty of confidentiality.

Unfortunately, the transmission of information via the Internet is not completely secure. Although Edison takes reasonable steps to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to the Services. Accordingly, any transmission is at your own risk.

Edison maintains procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

11. Data Retention

Edison will retain your Personal Data only for as long as is reasonably necessary to fulfill the purposes for which those Personal Data were collected, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in our reasonable discretion if needed in order to respond to actual or anticipated complaints or litigation with respect to our relationship with you.

To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances, Edison will anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may retain such data indefinitely.

12. Data Rights

In certain circumstances, you have rights under data protection laws in relation to your Personal Data. Such rights may include the right to:

  • Request access to your Personal Data
  • Request deletion of your Personal Data
  • Correct your Personal Data
  • Object to the processing of your Personal Data
  • Request that your Personal Data be transferred to another person
  • Request restriction of processing your Personal Data
  • Withdraw your consent to the processing of your Personal Data

If you wish to exercise any of those rights, please contact the Data Privacy Manager using the information below. Where allowed by applicable law, we may: (a) charge a reasonable fee to offset our expenses in responding to your request; or (b) refuse to comply with your request, if your request is clearly unfounded, repetitive or excessive. Edison may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data, or to exercise any of your other rights. This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. Edison may contact you to ask you for further information in relation to your request to speed up our response. We endeavor to respond to all legitimate requests within 30 days. Occasionally it could take us longer than 30 days if your request is particularly complex or you have made multiple requests. You may also have a right to lodge a complaint with your applicable supervisory authority in the event we violate applicable data privacy laws.

13. International Transfers

If you are located in the European Union (“EU”), the United Kingdom (“UK”), or the European Economic Area (“EEA”), your Personal Data may be stored in or transferred to states outside the EU, UK, or the EEA for the purposes described in this Privacy Policy when you use our Services. Whenever transfer your Personal Data from the EEA or UK to a jurisdiction outside the EEA or UK, we do so pursuant to one or more appropriate safeguards, such as:

  • An adequacy determination by the European Commission.
  • The standard contractual clauses promulgated by the European Commission

14. “Shine The Light” Requests

California Civil Code Section 1798.83, known as California’s “Shine the Light” law, allows California residents to request certain information regarding our disclosures in the prior calendar year, if any, of Personal Data to third parties for their own direct marketing purposes. To make such a request, please contact us as provided below, and include your name and the address to which you would like us to respond. We will attempt to provide you with the requested information within 30 days of our receipt.

15. Contact Us and the Data Privacy Manager

To contact our Data Privacy Manager, please email us at Privacy@edisonlive.com , or write to us at 2401 E 2nd Ave, unit 600, Denver, CO 80206.

16. Definitions

“Acceptable Use Policy” means Edison’s Acceptable Use Policy, which may be accessed at www.edisonlive.com/legal.

“Administrative Portal” means the online administrative portal through which You control settings and/or make additional purchases.

“Affiliate” means, with respect to a party, any entity that directly or indirectly controls, is controlled by or is under common control with that party. For purposes of these TOS, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such entity.

“Connection” means an individual user to whom the Moderator makes the Services available, and may be a natural person, and may include but is not limited to the Moderator’s employees, consultants, clients, external users, contractors, agents and end users.

“EdisonLive” means the various video conferencing, web conferencing, webinar, meeting room, screen sharing and other collaborative services offered by Edison, including related websites, products and services.

“Initial Subscription Term” means the initial subscription term for EdisonLive as specified in the Service Summary.

“Intellectual Property” or “IP Rights” means mean all common law and statutory rights (whether registered or unregistered, or recorded or unrecorded, regardless of method) arising out of or associated with (a) patents and patent applications, inventions, industrial designs, discoveries, business methods, and processes; (b) copyrights and copyright registrations, and “moral” rights; (c) the protection of trade and industrial secrets and confidential information; (d) other proprietary rights relating to intangible property; (e) trademarks, trade names and service marks; (f) a person’s name, likeness, voice, photograph or signature, including without limitation rights of personality, privacy, and publicity; (g) analogous rights to those set forth above; and (h) divisions, continuations, continuations-in-part, renewals, reissuances and extensions of the foregoing (as applicable).

“K-12 Moderator” means a school, school district, or other user that hosts a Meeting as a Moderator for K-12 educational purposes.

“Law” means any federal, national, state, municipal, local, or international law, statute, regulation, code, ordinance, constitution, order, edict, guidance, or restriction; treaty or convention; or court or administrative order or ruling.

“Meeting” means a webinar or meeting hosted on EdisonLive.

“Moderators” means an individual who is an identified employee, contractor, or agent to whom You assign the right to host Meetings. A Moderator may hold an unlimited number of Meetings, but only one Meeting at a time. A Moderator subscription may not be shared or used by anyone other than the individual assigned to be a Moderator.

“Service Effective Date” means the date an Initial Subscription Term begins as specified in the Service Summary.

“Privacy Policy” means Edison’s Privacy Policy, which may be accessed at www.edisonlive.com/privacy-policy.

“Renewal Term” means the renewal subscription term for a Service commencing after the Initial

Subscription Term or another Renewal Term as specified in the Service Summary.

“Software” means any software accessed and used in connection with the Services.

“Term” means the Initial Subscription Term and all Renewal Terms.

“You” and “Your” refer to the entity subscribing to the EdisonLive services.