Last Updated: August 12, 2016

Tophatmonocle Corp. and its divisions, affiliates and subsidiaries (hereinafter “THM” “we”/”us”/”our”) respects the privacy and the integrity of any personal information that you provide in the use of our Web sites and System, whether you are an institutional user, a student or a professor/instructor. This Privacy Policy explains our policy regarding the collection, 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 Web sites and is accessible at https://tophat.com/privacy-policy. 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”), the agreement between you and THM that governs your use of the Web site, as well as provides the terms and conditions under which THM provides, and you may use, the TMH services and mobile applications in order to have access to our student engagement services and licensed content (the “THM Services“). The Privacy Policy is incorporated into and made a part of the Terms of Service.

Application of This Policy

At THM, we are committed to protecting the privacy of our users, which is why we do not sell or rent any personal information (as defined in ‘What is Personal Information’) regarding our users to any third party. We hope this Privacy Policy will answer your questions regarding how we treat personal information gathered from visitors to our Web sites and users of the THM Services.

What is Personal Information

For the purposes of this Privacy Policy, “personal information” means information that identifies a living individual or can be used to identify an individual, including but not limited to your name, address, e-mail address, country of residence, as well as other information when such information is combined with other information (e.g. name of education institution, student ID, grades, cell phone number). 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 Web site and the THM 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

You acknowledge and agree that by accessing our Web site, using our mobile applications or using the THM Services more generally 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 a particular product or service including access to any subscriber features of the THM 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.

Collection of Personal Information

In order to use certain features of our 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 such as your first and last name, educational institution, valid email address for your educational institution and establish a password (“Account Information”). THM will retain Account Information and associate it with your Account. If you 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 and for password recovery purposes. We will not use your mobile phone number for any other purpose than responding to questions if you do not have the THM mobile application. In addition, you acknowledge that your educational institution may use poll and survey features of the THM Services to send you SMS messages. We do not control the educational institutions use of these features however, we will not use your mobile phone contact information to contact you 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..

For students, our servers automatically record information about your use of the System, such as when you log in and submit answers to questions or provide feedback to the instructor. We will associate that information with their account. The instructors may use those data for academic evaluation purposes. We store and maintain personal and associated account information in order to provide the System.

THM may 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.

In addition, to place an order for certain services (eg. 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 voluntarily disclose to us to:

  1. Provide you with information about new products, services, newsletters, informative e-mails, and research on future product ideas or improvements;
  2. Assist us in creating or providing content that is relevant to you;
  3. Provide you with special offers that may be of interest to you (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;
  4. Assist us in creating better products and services to meet your needs;
  5. Allow you to purchase and download products, obtain access to the System or otherwise engage in activities you select;
  6. Provide you with technical support;
  7. Help you quickly find software, services or product information important to you;
  8. Send transaction-related communications such as welcome letters, and product/service order confirmations. THM may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest; and
  9. 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.

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 subject to our control. You should exercise caution when deciding to disclose any personal information in a publically available forum such as the Web site and agree to indemnify TMH for any damages or claims resulting from any of your postings. TMH is not obligated to monitor postings and at its discretion remove any content submitted.

Disclosure of Your Personal Information

Except as otherwise disclosed to you, THM 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 THM may disclose your personal information in the circumstances set out below:

  • If you are a student, THM may disclose your personal information to administrators and instructors at your academic institution including your teachers and teaching assistants;
  • THM may disclose your personal information with your prior consent;
  • THM 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;
  • THM 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 Services and contact such instructors in order to obtain references to evaluate an implementation of the Services.
  • THM may 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; or
  • THM 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 THM 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. These service providers are located in Canada, the United States and Europe and, as a result, your personal information may be stored, processed or transferred into or out of these countries. 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.

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 for audit or archival purposes or as required by applicable federal, state and provincial laws. 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 or by selecting or deselecting (depending on the service) the appropriate option in your Account settings. 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

TMH 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. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.

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 managerial 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 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 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 our Web sites and our services.

Compliance with FERPA

For US users, please note that THM’s data protection and privacy policies are structured to be FERPA-compliant. For further information about FERPA compliance, please contact us at privacy@tophat.com.

Minors

This Web site and THM Services are intended for tertiary level students. They are not intended for use by children, especially those under age 13. No one under age 13 is allowed to register for the THM Services or provide any personally identifiable information or use our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, and elsewhere. Minors between the ages of 13 and 17, inclusive, must get the permission of their parent of legal guardian before making purchases, including subscriptions, on the THM Services.

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

You acknowledge and agree that from time to time THM, its service providers and business partners may collect non-personal information from your use of our Web site and 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) and from scanning navigational data 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. THM 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 better service and user experience and to facilitate your ongoing access to and use of our 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. THM, like many other Web services, uses 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 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.

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:

Tophatmonocle Corp
2 Carlton Street, Suite 1317
Toronto, Ontario, Canada
M5B 1J3

privacy@tophat.com

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

Hyperlinks

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.

Social Media Widgets

Our Web site 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 Web site. These features may collect your IP address, which page you are visiting on our Web site, 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.

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”.
In addition, for purposes of providing the Website and 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 Website and services you agree to that transfer.

Payment Processor

THM uses BrainTree (http://braintreepayments.com/), PayPal (http://paypal.com), and Stripe (https://stripe.com) as payment processor for our services. You acknowledge and agree that THM may disclose personal information to BrainTree, PayPal, and Stripe such as your name and email address so that BrainTree, PayPal, or Stripe may contact you directly for personal information such as credit card information. THM provides 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 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 that we disclose on your behalf or you provide to Braintree, PayPal or 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.

Interpretation of this Privacy Policy

This Privacy Policy does not create or confer upon any individual any rights, or impose upon THM any obligations, 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 provided by THM is controlled and operated by us from Canada, and we do not intend that theTHM 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.