Changes we have made include:
- Updating the “Collection of Personal Information” section to be clearer and easier to read
- Updating the “Use of Personal Information” section to be consistent for all Top Hat Users
- Updating the “Disclosure of your Personal Information” section to be clearer about when we may need to disclose Personal Information
- Updating the California Residents information to include updated California Privacy rights
- Added California Consumer Privacy Act Privacy Notice
Effective 12 January 2020
Application of This Policy
What is Personal Information
Collection of Personal Information
In order to use certain features of the THM Services You must first complete a registration process and establish an account (“Account”). During registration for Your Account You will be required to provide basic information (“Account Information”) including:
- First/Last Name (as provided by user)
- Email address
- Mobile telephone number (Optional)
- IP address
- Student ID number (Optional – provided by the Student User)
THM will retain Account Information and associate it with Your Account.
For students, our servers automatically record information about Your use of the System, and provide this to your Instructor, such as
- Question and test responses
- Course creation and activation
- Course Registration
We will associate that information with their account. The instructors may use this data for the purposes of academic evaluation and academic integrity, including attendance. We store and maintain personal and associated account information in order to provide the System.
In addition, to place an order for certain services (e.g. access to Licensed Content), THM will require that You provide payment information such as credit card numbers and billing addresses and THM will also acquire Your IP address. Credit card information, including the card number, expiry date and security code, is 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 THM in any form.
Use of Your Personal Information
You acknowledge that THM may use Personal Information that You consent to disclose to us to:
- Allow You to purchase and download products, obtain access to the System or otherwise engage in activities You select;
- Provide You with technical support;
- Assist us in creating, improving, or providing content that is relevant to You;
- Provide You with information about new products, services, newsletters, informative e-mails, surveys, and research on future product ideas or improvements (and, by using the THM Services, You give Your consent to receive such information);
- Provide You with special offers that may be of interest (if You have opted-in to receive such marketing and promotional materials) and to improve Your experience on our Web sites or with our System;
- Help You quickly find software, services or product information important to You;
- Send transaction-related communications such as welcome letters, and product/service order confirmations.
- 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.
- If You choose to add your mobile phone number or register via short message service (“SMS”), which is optional, Your mobile phone number will also be recorded to allow You to submit responses via SMS, for password recovery purposes, and for security and identity verification. We will not use Your mobile phone number for any non-THM Service related purposes, and we will not share it with third parties and if You have selected at any time not to receive communications by SMS or phone we will respect that choice.
While using the THM Services, You may have opportunities to post reviews or other Personal Information in forums on the Web site at Your own discretion. Please understand that when You post such information, it is made public and is not reviewed by THM before it is posted to the Service. You should exercise caution when deciding to disclose any Personal Information in a publicly available forum such as the THM Service and agree to indemnify THM for any damages or claims resulting from any of Your postings. THM is not obligated to monitor postings, however, may at its discretion remove any content submitted.
Disclosure of Your Personal Information
You agree that THM may disclose Your Personal Information in the circumstances set out below:
- If You are a student, THM may disclose Your Personal Information to Faculty and administrators at Your academic institution, including Your teachers and teaching assistants as required for the provision of the services;
- THM may disclose Your Personal Information with Your prior consent, or the consent of Your parents if You are under 18 years old;
- THM may also disclose Account Information to the administration of any institution (at which You are a student or instructor) for administrative purposes including the right for the institution to compile a list of instructors who use the Services and contact such instructors in order to obtain references to evaluate an implementation of the Services.
- THM may also disclose Account Information to the administration of any institution (at which You are a Student or Faculty) for administrative purposes including the right for the Institution to compile a list of Students or Faculty who use the THM Services, and contact such Faculty in order to obtain references to evaluate an implementation of the THM Services.
- THM may be required by law to disclose Personal Information without Your consent in the event of emergency situations or when required by government, valid legal process, or other legal authority;
- The requirement under the Australian Privacy Principle (APP) 8.1 to take reasonable steps to ensure that the Overseas Recipient does not breach the APPs (other than APP 1) set out in the Privacy Act 1999 (Cth) (Privacy Act) will not apply to THM; and
- If the Overseas Recipient handles the Personal Information in breach of the Privacy Act:
- THM will not be accountable under the Privacy Act; and
- You will not be able to seek redress under the Privacy Act for such breach.
However, this does not change our commitment to safeguard Your Personal Information and we take all reasonable measures and precautions to protect Your Personal Information when it is being handled by our service providers and Overseas Recipients. 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.
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 information may be retained by THM as described in the “Retention of Personal Information” below. You can also review and update Your Personal Information yourself through the user features in Your account (see further Access to Your Personal Information).
If You opted-in to receive marketing communications but at any time You do not wish to continue receive marketing communications, You may
- follow the “unsubscribe” instructions included within each e-mail communication
- select or deselect (depending on the service) the appropriate option in Your Account settings.
- Email email@example.com with subject line: Email Unsubscribe
Please keep in mind that, even if You choose not to 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 THM Services or updates to the legal terms that govern Your use of the THM Services.
Retention of Personal Information
THM maintains 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.
Safeguards We Have in Place
THM stores and process Your Personal Information on our servers principally in Canada and the United States as well as internationally. Accordingly, Your data may be available to government bodies or their agencies in those jurisdictions under a lawful order, irrespective of the safeguards we have put in place for the protection of Your Personal Information.
THM employs reasonable administrative, physical, and technical measures to ensure that Your Personal Information is secure. In addition, our dedicated team of information technology professionals works 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.. 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 our Web sites, 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 THM Services.
Family Education Rights & Privacy Act (FERPA)
In the United States, the Family Educational Rights & Privacy Act, 20 U.S.C. § 1232(g), restricts the disclosure of personally identifiable information from a student’s education records, unless an exception applies. For U.S. users, THM’s data protection and privacy policies and practices comply with FERPA and other applicable federal and state education privacy laws.
THM maintains the confidentiality of FERPA-covered student data, and only uses this information to deliver and improve THM Services provided to schools and their students, as provided in THM’s agreements with schools. You may also have specific rights related to accessing and/or updating Your Personal Information when FERPA applies.
Student Users may also edit Personal Information provided to Top Hat by accessing their account information and updating their settings. Full instructions can be found here: Updating Student Account Information.
In the event that any collected student Personal Information is inaccurate, Users have the ability to contact Top Hat Support via email or phone to request corrections. Prior to amending data, Top Hat will validate the user’s identity, and notify the Institution of the request if required by prior agreement.
For further information about FERPA compliance, or to access, modify, or remove any such data, please contact us at firstname.lastname@example.org.
Access to Your Personal Information
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 visiting:https://app.tophat.com/accounts/personal_information/. You must be signed in to access Your Account and the privacy link above.
Collection of Non-Personal Information
This usage data may include but is not limited to:
- Number of sessions
- Session times
- Number of question responses
- Number of active users
- Number of question activations
- Browser/platform and version number
- Navigational data
THM may use this information to conduct statistical analyses on students’ performance to study the effectiveness of the THM Services and increase in-class learning. No identification of users will be revealed at any point to any third party. We do not sell, rent, trade or otherwise disclose personal and associated account information about our users.
THM may retain aggregated, non-personally-identifiable data for auditing and statistical analysis.
You acknowledge and agree that from time to time THM, and its service providers may collect non-personal information from Your use of the THM Services such as server log files, environmental variables (such as MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version) to collect non-personal information about our users in order to help us deliver better service and user experience. Such non-personal information could include the IP addresses or areas of site being clicked on most frequently.
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.
THM does not respond to Do Not Track signals on web browsers, as the industry has not settled on a Do Not Track Compliance standard.
Our Web sites are connected by “hyperlinks” to other websites. You acknowledge and agree that THM makes no representation, warranty, covenant, or claim regarding, and THM expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices on any third-party website or resource accessible by hyperlink from our Web sites. You agree that the inclusion of any such hyperlink does not suggest, represent, warrant, covenant or imply that THM monitors, endorses or exerts any control over such website or linked resource whatsoever. You agree that THM provides these hyperlinks to You only as a convenience, and the inclusion of any hyperlink does not suggest, represent, warrant, covenant or imply affiliation, endorsement or adoption by THM of any such website or linked resource whatsoever.
When You leave our Web sites, You acknowledge and agree that our terms and policies do not govern Your access to, and use of, other websites. You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any website or linked resource to which You navigate from our Web sites.
Third Party Promotions
THM may run advertisements and promotions from third parties on the THM Services. Your correspondence or business dealings with, or participation in promotions of, advertisers other than THM, found on or through the THM Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. THM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-THM advertisers on the Site.
Social Media Widgets
California Residents, California Consumer Privacy Act
If You are a resident of California, the applicable data protection legislation permits You to request that we tell You what Personal Information we hold about You, how we process it and that we provide You with a copy of that information. You are also entitled to access or (under certain circumstances) delete Your Personal Information. You can exercise this right free of charge. We may ask You to provide further information to confirm Your identity before considering Your request.
For our full California Consumer Privacy Act Privacy Statement please review the information here: CCPA Information
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 email@example.com.
THM does not sell or rent Users’ Personal Information with third parties for the third parties’ direct marketing purposes. Nonetheless, if You are a California resident, You may request information about the disclosure of Your Personal Information to third parties for the third parties’ direct marketing purposes by emailing firstname.lastname@example.org.
For users in California, any third-party service providers are “service providers” under the California Consumer Privacy Act §1798.140(v) and may only use Your data only for the purposes defined under the applicable vendor agreement.
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.
In addition, for purposes of providing the THM Services, You acknowledge that THM may transfer Your personal data to servers located in Canada or other countries outside of the UK and the European Economic Area which provide for a different level of data protection. By using, and continuing to use the THM Services You agree to that transfer.
THM uses Stripe (https://stripe.com) as payment processor for the THM Services. THM only provides payment processors with an identifier to link your payment to your THM Account. THM does not provide the payment processor with Personal Information and only provides billing information required to process Your payment and minimize fraudulent payment risk.
You acknowledge and agree that THM makes no representation, warranty, covenant, or claim regarding, and THM expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices in regard to any Personal Information You provide to Stripe directly or any other party in relation to purchasing a product or service from our Web sites.
You acknowledge and agree that our terms and policies do not govern any other party.
You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any third party to which You provide Personal Information.
You represent that You are at least eighteen (18) years of age and You have the legal authority to enter into this Agreement. If You are at least thirteen (13) years of age and less than eighteen (18) years of age, then Your parent or legal guardian must read and accept this Agreement, consent to Your use of the THM Services, and agree to You providing any Personal Information in connection with the THM Services on Your behalf. This Service is not meant for users under the age of thirteen (13).
If You have reason to believe that a child under 13 years old has provided THM with Personal Information, and that child’s parents or school have not provided THM with the adequate consent, please contact us at email@example.com.
151 Bloor Street West, Suite 200
Toronto, Ontario, Canada
We will endeavour to answer Your questions within a reasonable period of time and advise You of any steps taken to address the issues raised by You.
Unless otherwise stated above, any services provided by THM is controlled and operated by us from Canada, and we do not intend that the THM 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 services, or any part of the THM Services, are appropriate or available for use in any particular jurisdiction. Those who choose to access the 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 THM Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.