)
)
)
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- Acceptance of the Terms
- Changes to the Terms
- Privacy Policy
- Intellectual Property Rights & Content
- Access and Interference
- Your Account
- tutorJr Online Session Service
- Disclaimer of Warranty and Limited Liability
- Liability of Users/ Members
- Third-Party Websites
- Other Terms
- Collecting personal data
- Using your personal data
- Sharing your personal data
- International data transfers
- Retaining your personal data
- Security
- Automated decision-making
- Links to other websites
- Referral of friends
- California's "Shine the Light" law (Cal. Civ. Code § 1798.83)
- Your data subject rights
- Children’s Privacy Policy
- Contact us
- Changes to this Privacy Policy
- For California Residents
Anda dapat mengklik di sini untuk melihatPersyaratan Penggunaan dalam bahasa Inggris
Terms of Use
Terms of Use
Last updated on September 8, 2022.
These Terms of Use ("Terms") govern the access or use by you of applications, websites, blog, content and services, if applicable, the fee-based services therein (collectively and respectively referred to as the "Services") made available by TutorABC Inc, and through the tutorJr’s website and/or tutorJr mobile application (together "we", "our", "us", "TutorABC", "tutorJr", or "tutorJr Platform"). Please be advised that certain special features of the Service offered by tutorJr may have additional purchase or registration procedures and additional terms and conditions, terms of service, user agreement, service agreement or legal agreement, which may prevail over part or all of these Terms.
These Terms of Use ("Terms") govern the access or use by you of applications, websites, blog, content and services, if applicable, the fee-based services therein (collectively and respectively referred to as the "Services") made available by TutorABC Inc, and through the tutorJr’s website and/or tutorJr mobile application (together "we", "our", "us", "TutorABC", "tutorJr", or "tutorJr Platform"). Please be advised that certain special features of the Service offered by tutorJr may have additional purchase or registration procedures and additional terms and conditions, terms of service, user agreement, service agreement or legal agreement, which may prevail over part or all of these Terms.
1.Acceptance of the Terms
1.1By accessing or using the Services, you confirm that you can form, and have formed, a binding contract with us, that you accept these Terms and that you agree to comply with them, whether you are a "Visitor" (which means that you simply browse the tutorJr website) or you are a "Member" (which means that you have registered with tutorJr). Your access to and use of the Services is also subject to our Privacy Policy, including any additional terms that are added to the Privacy Policy and made available to you from time to time.
1.2The Services made available through the tutorJr Platform are available to, and may be used by, individuals who are under 18 years old (as used in this Terms, "Minors"), who need their parents or legal guardians (as used in this Terms, "Parents") to form legally binding contracts under applicable law on their behalf. By creating an Account, you represent and warrant that you are competent to form a contract for yourself or on behalf of a Minor, and that all registration information you submit is accurate and truthful. tutorJr may, in its sole discretion, refuse to offer access to or use of the tutorJr Platform to any person or entity and change its eligibility criteria at any time, if permitted by applicable law.
1.3Please take the time to read these Terms carefully. By clicking the relevant “Read and Agree” or “Agree” button, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, please don't access or use the Services. Before you continue, you shall print or save a local copy of these Terms for your records.
1.4You are responsible for making all arrangements necessary for you to access or use the Services. If you have not obtained access to or use the Services through authorized means, we cannot guarantee that it can be used normally, and we will not be liable for any subsequent losses. In order to fully realize the functions of the Services, your equipment may require network access and you should check the software and hardware equipment required in the announcement on our website or in the member center before using the Services. You understand that you will be required to bear the expenses associated with your equipment and network access.
2.Changes to the Terms
We may amend these Terms from time to time. We will use commercially reasonable efforts to generally notify you of any material changes to these Terms, such as through a notice on the Services or an email. However, you should review the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. Your continued access to or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you should stop accessing or using the Services.
We reserves the right to change, amend, modify, add , update or remove portions of the Service and the content at any time without prior notice to you and without liability to you or any third party. All changes shall be effective as the posting of change. If the need arises, we may suspend access to the Services or the tutorJr Platform, or close it indefinitely. Any of the material and contents on the tutorJr Platform may be out of date at any given time, and we are under no obligation to update such material and content.
We reserves the right to change, amend, modify, add , update or remove portions of the Service and the content at any time without prior notice to you and without liability to you or any third party. All changes shall be effective as the posting of change. If the need arises, we may suspend access to the Services or the tutorJr Platform, or close it indefinitely. Any of the material and contents on the tutorJr Platform may be out of date at any given time, and we are under no obligation to update such material and content.
3.Privacy Policy
As noted above, your use of tutorJr Platform is subject to our Privacy Policy, the terms of which are fully incorporated by reference into these Terms.
4.Intellectual Property Rights & Content
4.1We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe any intellectual property rights of tutorJr or other third parties. The works of authorship found on, within, or as part of the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
4.2As between you and us, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and "look and feel" of the Services, and all intellectual property rights related thereto (the " Content"), are either owned by us or licensed to us by our third party partners. Use of the Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
4.3Subject to these Terms, we grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, and to access the Content through your use of the Services, solely for your personal, noncommercial use, in accordance with these Terms, and applicable law, including any applicable intellectual property law. We reserve all rights not expressly granted herein in the Services, and the Content. You acknowledge and agree that we may terminate this license at any time for any reason or no reason.
4.4You acknowledge and agree that all Sessions may be recorded by us for quality control and business purposes. Session recordings are considered proprietary, and may be used at our sole discretion. All recordings, audio records, video images and/or teaching materials remain our property, and we own the intellectual property rights thereto. You are not allowed to broadcast, distribute or disclose all or any of the recordings, audio recordings, and video images to the public or provide them to other third parties for use.
4.5If you believe that your copyrighted work has been reproduced in a manner that constitutes copyright infringement and is accessible on the Services, please contact us.
5.Access and Interference
5.1
As a condition of your access to and use of the Services, you agree to the following rules:
- You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user. You are solely responsible for the substance of your communications and content through the Service.
- You shall abide by all applicable laws, regulations, the international usage practices and etiquette of the Internet, as well as these Terms.
- You will not interfere or attempt to interfere with the operation of the tutorJr Platform and Service in any way through any means or device including, but not limited to, launching a denial of service attack, spamming, hacking, or uploading computer viruses or time bombs.
- You will not upload, share, post, publish, distribute or otherwise partake in any behavior that is unlawful, threatening, harmful, vulgar, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals),any personal information that is unnecessary to the use of our Service, or otherwise violates our rules or policies.
- You will not upload, share, post, publish and distribute any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on the reputation, privacy, patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party or are in danger of infringement.
- You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, political solicitations, religious propaganda, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- You will not impersonate any person or entity, including any of our employees or representatives.
- You shall not use tutorJr platform to collect, inquire, and obtain personal information of employees, teachers or other members, such as email addresses, Skype accounts, Facebook accounts, Line accounts, Wechat accounts, QQ accounts, finances, etc.
- You shall not disclose any personal information of you or others that are unrelated to the purpose of learning services. Parents shall look after Minors while they are using our Service, shall prevent Minors from disclosing their personal information more than necessary to anyone.
- You shall not conduct private interactions with employees, teachers and other members that are not related to the purpose of learning services.
- You shall not use public bidding, auction or other means to rent, borrow or resell all or part of the Services or sessions.
5.2tutorJr will have the right, but not the responsibility, to investigate and prosecute violations of any of the above to the fullest extent permitted by applicable law. tutorJr may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that tutorJr has no obligation to monitor your access to or use of the tutorJr Platform, the Services or to review or edit any content you provided, but has the right to do so for the purpose of operating the tutorJr Platform and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. tutorJr reserves the right, at any time and without prior notice, to remove or disable access to any Content you provided that tutorJr, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the tutorJr Platform or the Services.
6.Your Account
6.1We may provide some feature through tutorJr Platform for unregistered users. However, most of features of our Service are only for the registered users, you are required to register and create an account in order to access or use certain features of the Services (“Account”). Information gathered through the registration process and information related to your Account will be subject to these Terms as well as to our "Privacy Policy". When creating an account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
6.2You can register to use the Service as a Member by logging into your Account using certain third party social networking sites (“SNS”) (including, but not limited to Facebook) via our tutorJr Platform. When you register by logging into an SNS via our tutorJr Platform, we will obtain the Personal Information you have provided to that SNS (including, but not limited to your “real” name, profile picture, email address, list of SNS friends and any other information that you make available via the applicable SNS) from the Account you have with such SNS and use that information to create your Account and you will become a Member; the information we obtain may depend on the information you provide to the applicable SNS and/or the privacy settings you have set or applied with the applicable SNS.
6.3It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that a third party knows your password or has accessed your account, please contact us. You agree that you are solely responsible (to us and to other users) for activity that occurs under your account, and all tutorJr Account activities shall be taken as done by yourself, please do not let others use your tutorJr Account.
6.4In our sole discretion, we may terminate your account, or modify, reclaim or remove any username associated with your account, for any reason (including for reasons related to unlawful or unauthorized usage). In this case, we are under no obligation to retain a record of your account or any data or information that you may have stored by means of the Account, except for required by mandatory law.
7.tutorJr Online Session Service
The materials and functionalities of tutorJr Online Session Service are available only through the purchase of the Language Learning Product ("Product”), including Package Product with fixed number of Sessions and fixed period. By purchasing the Product from us, our partners or agents, you agree to be bound to the following terms:
7.1
Billing Policies
- All prices for Products offered on tutorJr platform will be displayed during the ordering process. The prices listed do not include any VAT and any other applicable taxes unless otherwise states. You may incur additional charges for the use of debit or credit cards from your provider and such charges are in addition to the price listed.
- You are responsible for any charges associated with the connection to the tutorJr Platform and the Services.
- tutorJr have the right to change the prices in effect at any time, upon reasonable notice posted on the tutorJr Platform, but this will not affect any confirmed purchases. tutorJr does not provide price protection or refunds in the event of a price drop or a promotional offering.
7.2
Refund Policy
- Cooling-off period.
We offer you a cooling-off period of seven (7) days unless otherwise stated. If you change your mind and cancel your purchase within seven (7) days of purchase, you can receive a full refund but only if you have not consumed any session. After the cooling-off period, all fees are non-refundable and non-transferable. - It can take up to 14 working days or more days to return to your credit card or bank account after the requested refund. The necessary or reasonable transaction fee will be deducted from your refund before you receive it.
7.3Sessions Allocation
All Sessions of the Product purchased will be issued at once to your tutorJr Account after the payment is fully made. The Session used record will be subject to the Info of your tutorJr Account.
All Sessions of the Product purchased will be issued at once to your tutorJr Account after the payment is fully made. The Session used record will be subject to the Info of your tutorJr Account.
7.4
Sessions Consumption, Reservation and Cancelation
tutorJr shall deduct the number of Sessions of your Account according to the type of Session taken. And the usage rule of the Sessions is as below:
tutorJr shall deduct the number of Sessions of your Account according to the type of Session taken. And the usage rule of the Sessions is as below:
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Reservation:
You can reserve a live session according to the time list or the table of the courses. And except to the Lecture Theatre could be reserved 5 minutes in advance, other live sessions need to be reserved at least 4 hours before the session starts. -
Cancelation:
- If you need to cancel a reserved live session, except to the Lecture Theatre could be cancelled 5 minutes before the session starts, you should cancel at least 4 hours before the session starts.
- If you didn’t cancel the reservation of a live session, the session will be deemed as a used session and the number of session will be deducted.
- All Sessions are delivered on a “use them or lose them basis”, this means that Sessions can only be used and consumed within the specified period stated in the Product. The Sessions haven’t used by the end of the specified period will be invalid and cannot be refunded and transferred.
7.5
Other General Member Terms
- All Sessions shall be recorded by tutorJr for quality control and business purposes. Sessions recordings are considered proprietary, and may be used at the sole discretion of tutorJr. All recordings, audio records, video images and/or teaching materials remain the property of tutorJr with tutorJr owning the intellectual property rights thereto.
- tutorJr reserves the right to arrange the number of students who join the same Session as long as it does not exceed the maximum number agreed on the Product.
8.Disclaimer of Warranty and Limited Liability
8.1You acknowledge and agree that your use of the Services is at your own risk, that any material and/or data downloaded or otherwise obtained through the use of our Service or from other parties’ web sites accessed via the Service is at your own discretion and risk, and that you will be responsible for any damage or loss of data to your computer system. . We provide, and you accept, use of the Services on an "AS IS" and "as available" basis, without warranty of any kind. Without limiting the foregoing, we hereby disclaim all warranties and conditions, express or implied, of merchantability, non-interference with or non-infringement of any intellectual property rights, fitness for a particular purpose, title, and data loss. We makes no warranty or representations about availability, suitability, accuracy, reliability, timeliness, quality or content in or linked to Services. We also make no representations, warranties, or guarantees in relation to the actions or omissions of clients or other third-party, and expressly disclaim all liability for any act or omission by you, clients, or other third-party.
8.2tutorJr makes no warranty that any computer or other device will be compatible with the Service. You should ensure that your computer or other device will function correctly with the Service.
8.3Under no circumstances shall tutorJr or its affiliates be liable for any unauthorized use of any Content, or any use of the service to develop, distribute, or use any material that is defamatory, slanderous, libelous or obscene, that portrays any person falsely, that constitutes an invasion of any right to privacy or an infringement of any right to publicity, that violates or infringes any third party’s rights or that violates any foreign, federal, state or local laws or regulations.
8.4Subject to Privacy Police, tutorJr or third parties may, from time to time, send email messages to you containing ads, promotions, etc. regarding the goods or services provided by the third parties. tutorJr makes no representations about either the content of those email messages or the goods or services offered in those messages. You agree that tutorJr shall not have any liability with respect to such content or messages.
8.5IN NO EVENT WILL TUTORJR, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT , CONSEQUENTIAL , EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
9.Liability of Users/ Members
9.1Any violation of these Terms may cause the suspension of the Services or the termination of the Services Agreement between tutorJr and the Member. The member may not request the refund or compensation. Any obligations between the third party and the Member have nothing to do with TutoABC.
9.2You agree to defend, indemnify and hold harmless tutorJr and our affiliates, suppliers, directors, and employees against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs (including, but not limited to, attorneys’ fees) and other expenses and/or costs (including reasonable attorneys' fees) arising from or relating to your use of the Services, or any breach by you of these Terms, your violation of these Terms, the tutorJr Agreements, or your infringement or infringement by any other user of your Account of any intellectual property or other right of any person or entity and you agree to reimburse tutorJr on demand for any losses, costs or expenses they incur therefrom.
9.3Any unauthorized use of the Services and any technology contained therein would result in irreparable injury to tutorJr for which money damages would be inadequate. tutorJr shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Section or elsewhere in Terms of Service shall be construed to limit remedies available pursuant to statutory or other claims that tutorJr may have under separate legal authority. You agree that your cancellation of your account is your sole right and remedy with respect to any dispute with tutorJr.
9.4If tutorJr receives a notice alleging that you have engaged in behavior that infringes any of tutorJr or its affiliates or a third party's intellectual property rights or reasonably suspects the same, tutorJr may suspend or terminate your access to the Service without notice to you. If tutorJr takes action under this Section, it shall have no liability or responsibility to you, including for any amounts that you have previously paid or any credits that you have on the Service.
10.Third-Party Websites
The Services may contain links to websites or application that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third-Party Websites"). tutorJr does not review, monitor, operate and/or control the Third-Party Websites and tutorJr makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third-Party Websites. By providing access to Third-Party Websites, tutorJr is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third-Party Websites, including providing information, materials and/or other content to the Third-Party Websites, is entirely at your own risk. tutorJr reserves the right to discontinue links to any Third-Party Websites at any time and for any reason, without notice.
11.Other Terms
11.1Governing Law. Unless otherwise agreed or required by a mandatory law, these Terms shall be governed by and construed in accordance with the laws of Republic of China (Taiwan), without regard to choice or conflicts of law principles. You agree that any claim or dispute with tutorJr or any affiliate or arising out of or relating to these Terms of Service, the Services, or your use of any of the foregoing will be brought in an appropriate court located in Taiwan ON AN INDIVIDUAL BASIS. You agree to submit to the exclusive jurisdiction and venue of these courts and waive any jurisdictional, venue or inconvenient forum objections to such courts. The parties shall not raise in connection therewith, and hereby waive, trial by jury and/or any defense based upon the venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action or suit. If you would like to bring a matter to our attention, please contact us.
11.2No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
11.3Security. We do not guarantee that the Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Services. You should use your own virus protection software.
11.4Severability. If any provision of these Terms is held to be invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
11.5Interpretation. Headings and the contents page in these Terms are included for convenience purposes only and shall not affect the interpretation of these Terms.
Anda dapat mengklik di sini untuk melihatKebijakan Privasi dalam bahasa Inggris
Privacy Policy
Privacy Policy
Statement of policy
TutorABC Inc. ("we", "our", "us" , "TutorABC", or "tutorJr") respects the privacy rights of users and visitors ("you" or "your") of the tutorJr website and/or tutorJr mobile application and services provided via these (together, "tutorJr Platform" or "Platform").
For the purposes of the General Data Protection Regulation of the European Union ("GDPR"), the data controller (being a responsible party as defined in terms of applicable data protection laws) of your personal data (which includes reference to "personal information" as defined in terms of applicable data protection laws) is TutorABC Inc., whose registered address is 2F.-1, No. 3, Sec. 1, Heping W. Rd., Zhongzheng Dist., Taipei City 100028 , Taiwan (R.O.C.).
We will collect, use, disclose or otherwise process your personal data in accordance with this privacy policy ("Privacy Policy "). Please read it carefully before sharing your personal data with us.
If you are not located in the UK or the EU or any other jurisdiction where processing of personal data is pursuant to legitimate interests, we will only collect, use, disclose or otherwise process your personal data with your consent or as authorized or required by applicable law. By clicking the relevant "AGREE" button or checkbox , using the tutorJr Platform or otherwise providing us with personal data, you agree that we may collect, use, disclose, store or otherwise process your personal data in accordance with this Privacy Policy.
For the purposes of the General Data Protection Regulation of the European Union ("GDPR"), the data controller (being a responsible party as defined in terms of applicable data protection laws) of your personal data (which includes reference to "personal information" as defined in terms of applicable data protection laws) is TutorABC Inc., whose registered address is 2F.-1, No. 3, Sec. 1, Heping W. Rd., Zhongzheng Dist., Taipei City 100028 , Taiwan (R.O.C.).
We will collect, use, disclose or otherwise process your personal data in accordance with this privacy policy ("Privacy Policy "). Please read it carefully before sharing your personal data with us.
If you are not located in the UK or the EU or any other jurisdiction where processing of personal data is pursuant to legitimate interests, we will only collect, use, disclose or otherwise process your personal data with your consent or as authorized or required by applicable law. By clicking the relevant "AGREE" button or checkbox , using the tutorJr Platform or otherwise providing us with personal data, you agree that we may collect, use, disclose, store or otherwise process your personal data in accordance with this Privacy Policy.
Topics:
- Collecting personal data
- Using your personal data
- Sharing your personal data
- International data transfers
- Retaining your personal data
- Security
- Automated decision-making
- Links to other websites
- Referral of friends
- California's "Shine the Light" law (Cal. Civ. Code § 1798.83)
- Your data subject rights
- Children’s Privacy Policy
- Contact us
- Changes to this Privacy Policy
- For California Residents
Statement of practices
1.Collecting personal data
1.1
Personal data we collect from you
When you create an account on the tutorJr Platform and apply to be a student of our Platform, you will be required to provide your name, gender, birthday, nationality, spoken languages, occupation, ages, phone number, mobile, email address, current country of residence, education history, password, credit card numbers, and self-introduction and any other information you may provide in connection with your application.
We may also collect special categories of personal data (known as sensitive personal data or special personal information in some jurisdictions), including your voice, speech patterns, mannerisms and facial images. In some jurisdictions where applicable under data protection laws, our collection of such data is subject to us having lawful bases for processing such data. Please see Appendix A below for further information.
You do not have to provide personal data to us, but if you choose not to provide personal data indicated as mandatory (e.g. on our application form), we may not be able to provide our services or otherwise engage or communicate with you. If you are a California resident, please also refer to Appendix C.
When you create an account on the tutorJr Platform and apply to be a student of our Platform, you will be required to provide your name, gender, birthday, nationality, spoken languages, occupation, ages, phone number, mobile, email address, current country of residence, education history, password, credit card numbers, and self-introduction and any other information you may provide in connection with your application.
We may also collect special categories of personal data (known as sensitive personal data or special personal information in some jurisdictions), including your voice, speech patterns, mannerisms and facial images. In some jurisdictions where applicable under data protection laws, our collection of such data is subject to us having lawful bases for processing such data. Please see Appendix A below for further information.
You do not have to provide personal data to us, but if you choose not to provide personal data indicated as mandatory (e.g. on our application form), we may not be able to provide our services or otherwise engage or communicate with you. If you are a California resident, please also refer to Appendix C.
1.2Personal data we collect about you
1.2.1Session records
If you attend any online session via tutorJr Platform , we may record all or part of such sessions. You can choose whether or not to open your cameras or microphones. In consideration of the interactive nature of online sessions, we suggest you at least open the microphones to talk with teachers.
If you attend any online session via tutorJr Platform , we may record all or part of such sessions. You can choose whether or not to open your cameras or microphones. In consideration of the interactive nature of online sessions, we suggest you at least open the microphones to talk with teachers.
1.2.2Recordings and content
If and to the extent permitted by applicable law, we may collect recordings and content from you if you require our troubleshooting support on live chats and/or emails.
If and to the extent permitted by applicable law, we may collect recordings and content from you if you require our troubleshooting support on live chats and/or emails.
1.2.3Log records
When you log into the tutorJr Platform, we automatically receive and record information from your device, including device ID or IP address, and account's log information, such as the applications from which you entered the tutorJr Platform, the applications to which you head when you leave the tutorJr Platform, the amount of time you spend on the tutorJr Platform, as well as your behaviors on the tutorJr Platform.
When you log into the tutorJr Platform, we automatically receive and record information from your device, including device ID or IP address, and account's log information, such as the applications from which you entered the tutorJr Platform, the applications to which you head when you leave the tutorJr Platform, the amount of time you spend on the tutorJr Platform, as well as your behaviors on the tutorJr Platform.
1.2.4Cookies
When you visit the tutorJr Platform, we may use cookies to collect the details of your visits, and to distinguish you from other users of the tutorJr Platform. A cookie is a small file containing a string of characters that is sent to your computer or mobile device when you visit a website or an application. When you visit the website or application again, the cookie allows that website or application to recognize your web browser. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access the functionalities on the tutorJr Platform correctly or at all. For detailed information on the cookies we use, the purposes for which we use them, and how you can exercise your choices regarding our use of your cookies, please see Appendix B below.
We also work with third party ad networks to display more relevant advertising on our tutorJr Platform and to manage our advertising on third party sites, mobile apps and online services. For more information about cookies and other tracking mechanism as well as your choices please refer to Appendix B.
Our Site does not respond to do-not-track signals. For more information about do-not-track signals, please click here. You may, however, disable certain tracking as discussed in Appendix B (e.g., by disabling cookies).
When you visit the tutorJr Platform, we may use cookies to collect the details of your visits, and to distinguish you from other users of the tutorJr Platform. A cookie is a small file containing a string of characters that is sent to your computer or mobile device when you visit a website or an application. When you visit the website or application again, the cookie allows that website or application to recognize your web browser. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access the functionalities on the tutorJr Platform correctly or at all. For detailed information on the cookies we use, the purposes for which we use them, and how you can exercise your choices regarding our use of your cookies, please see Appendix B below.
We also work with third party ad networks to display more relevant advertising on our tutorJr Platform and to manage our advertising on third party sites, mobile apps and online services. For more information about cookies and other tracking mechanism as well as your choices please refer to Appendix B.
Our Site does not respond to do-not-track signals. For more information about do-not-track signals, please click here. You may, however, disable certain tracking as discussed in Appendix B (e.g., by disabling cookies).
1.2.5
Other sources
We may also collect your personal data from:
We may also collect your personal data from:
- third party social media platforms (e.g. through Facebook or Google sign-in functions) or hardware/software functions;
- our marketing agency partners in some local jurisdictions (where applicable); and
- your family and friends through our "Referral" function on the tutorJr Platform.
2.Using your personal data
We will use and otherwise process your personal data for the following business and commercial purposes:
2.1
Application processing
- Process your application as a student;
- Verify your identity;
2.2
Managing your service contract
- Managing and administering your service contract, including without limitation arranging class scheduling, feedback and payment for your services;
- Display your profile, learning history and language proficiency to teachers you may learn from via our platform;
- Facilitate classes with students you may learn with via, or users of, our services and platforms. This may include providing recorded tutoring sessions to users; and
- Update your profile when requested by you or otherwise required by applicable law.
2.3
Communications, marketing and advertising
- Communicate with you in respect of the services we provide via the tutorJr Platform or when you otherwise enter into contract with us via the tutorJr Platform;
- Send you communications (including personalized content, but other than by way of unsolicited electronic communications where we are required to obtain your consent in terms of applicable laws) from or about us or our Affiliates in relation to our products and services (including but not limited to newsletters, events, announcements and updates);
- Send you communications by unsolicited electronic communications from or about us or our Affiliates in relation to our products and services (including but not limited to events, announcements and updates). Where required under applicable laws, we will give you the opportunity to specifically consent to the receipt of such communications at the point that you register to use the tutorJr Platform and on each occasion thereafter that you receive such communications by electronic communications from or about us or our Affiliates. Should you already be considered an existing user of tutorJr who receives such communications by unsolicited electronic communications from us in relation to the same or similar products and services, we will give you the opportunity to opt-out of the communications on each occasion thereafter that you receive communications from or about us. You can also change your preferences at any stage by contacting us. If you are resident in the US, please note that it may take up to ten (10) business days for us to process opt-out requests; and
- Enable selected third parties to send marketing communications (and where required by applicable laws, only with your consent) which are related to their products or services which we think may be of interest to you.
2.4
Management of the TutorABC Platform
- Enable us to operate the tutorJr Platform;
- Check whether your devices meet the technical and operational requirements of the tutorJr Platform;
- Carry out support and maintenance functions;
- Provide you with necessary assistance in case of any technical issues;
- Conduct data analysis and research;
- Further develop and enhance the functionality and features of the tutorJr Platform; and
- Deploy security measures for the tutorJr Platform.
2.5
Business Operations
- Carry out our internal business functions such as quality control, teachers headcount planning, reporting management;
- Carry out data migration activities where required for internal operation purposes;
- Protect our intellectual property and other rights;
- Enforce our internal policies and/or contractual rights;
- Conduct necessary investigations and suspend or terminate actions; and
- In the context of any merger, sale or acquisition of a company or business in which we (or any of our Affiliates) are involved and in order to manage such transaction.
2.6
Compliance purpose
- Comply with applicable laws, regulations, legal process (such as a court order or subpoena), governmental request, our internal policies and procedures, and other ethics, anti-corruption and compliance reporting tools;
- Protect our legitimate business interests and legal rights, including, but not limited to, use in connection with legal claims, health and safety compliance, regulatory, investigative, grievance and remedy purposes;
- Detect, prevent or address fraud, security or technical issues; and
- Protect us and you, and our, your or others' rights, property or safety, or the public against harm, as required or permitted by law.
We will use and otherwise process your special categories of personal data for the following purpose: - Verify your identity; and
- Detect potential imposters or fraudsters who may be using our services and platforms fraudulently or illegally.
3.Sharing your personal data
We may share some or all of your personal data with the following:
- our affiliates within the TutorABC group of companies, including (but not limited to) TutorABC GLOBAL Limited. (collectively, "Affiliates");
- students you may learn with via, and users of, our services and platforms;
- our (and/or our Affiliates') service providers who support our provision and promotion of the tutorJr Platform, our services and our business, such as providers of IT and analytics services, software development kits, payment services, insurance, certification services and training, and our professional advisors (such as lawyers and accountants);
- Government, enforcement or regulatory authorities in any applicable jurisdiction;
- outside parties involved in a merger, acquisition or due diligence exercise; and
- anyone you authorise.
4.International data transfers
In order to operate the tutorJr Platform and to provide our services, we may need to transfer your personal data to locations outside the jurisdiction in which you live, including but not limited to Hong Kong SAR, Taiwan and the United States of America.
These jurisdictions may not provide a level of protection consistent with the laws and regulations of the jurisdiction in which you live. If that is the case, we will put in place reasonable measures to ensure that your personal data will be protected to a standard that is comparable to those laws and will comply with applicable data protection laws in relation to the transborder flows of personal data.
Your personal data may therefore be accessible to law enforcement and/or regulatory authorities in such foreign jurisdictions according to the applicable laws of such jurisdictions.
If you are based in the UK or the EU, we will only transfer your personal data out of the UK or the European Economic Area ("EEA") (as the case may be) if:
These jurisdictions may not provide a level of protection consistent with the laws and regulations of the jurisdiction in which you live. If that is the case, we will put in place reasonable measures to ensure that your personal data will be protected to a standard that is comparable to those laws and will comply with applicable data protection laws in relation to the transborder flows of personal data.
Your personal data may therefore be accessible to law enforcement and/or regulatory authorities in such foreign jurisdictions according to the applicable laws of such jurisdictions.
If you are based in the UK or the EU, we will only transfer your personal data out of the UK or the European Economic Area ("EEA") (as the case may be) if:
- the destination jurisdiction has been deemed to provide an adequate level of protection for personal data by the European Commission; or
- where legally required, we enter into data transfer arrangements based on the European Commission's Standard Contractual Clauses or equivalent means required by applicable laws. You are entitled to receive a copy of any documentation showing that appropriate safeguards have been taken to protect your personal data regarding the disclosures and transfers mentioned by making a request (see "Contact us" below).
5.Retaining your personal data
It is important to let us know if there are changes to your personal data (e.g. if you move house). Please see "Contact Us" below.
We keep personal data of applicants during the application process, and for two years afterwards for unsuccessful applicant or for such longer period as may be permitted or required by applicable law.
We keep personal data of students for the duration of the service contract and thereafter for as long as is necessary for the purposes for which the personal data was collected or used or for such longer period as may be permitted or required by applicable law.
We keep personal data of other users of the tutorJr Platform for as long as is necessary for the purposes for which it was collected and used (or a directly related purpose) or for such longer period as may be permitted or required by applicable law.
We keep personal data of applicants during the application process, and for two years afterwards for unsuccessful applicant or for such longer period as may be permitted or required by applicable law.
We keep personal data of students for the duration of the service contract and thereafter for as long as is necessary for the purposes for which the personal data was collected or used or for such longer period as may be permitted or required by applicable law.
We keep personal data of other users of the tutorJr Platform for as long as is necessary for the purposes for which it was collected and used (or a directly related purpose) or for such longer period as may be permitted or required by applicable law.
6.Security
We are committed to keeping the personal data provided to us secure and we have implemented measures to protect the personal data that we have under our control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, no data security measures can guarantee security.
7.Automated decision-making
We may use automated decision-making, if it is authorized by legislation, if you have provided an explicit consent or if it is necessary for the performance of a contract. You can always request a manual decision- making process instead, express your opinion or contest decision based solely on automated processing, including profiling, if such a decision would produce legal effects or otherwise similarly significantly affect you.
8.Links to other websites
The tutorJr Platform may contain links to other sites whose information practices may be different from ours. You should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
9.Referral of friends
If you choose to refer a friend or family member to the tutorJr Platform or otherwise to us, for example by providing their email address to us, you must provide them with a copy of this Privacy Policy before providing their personal data to us. You hereby confirm that you have obtained their consent to share their personal data with us.
10.California's "Shine the Light" law (Cal. Civ. Code § 1798.83)
California residents who provide us their personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use; such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year (so, requests submitted in 2020 would be applicable to relevant disclosures (if any) in 2019). If you are a California resident and would like to make such a request, please submit your request in writing by emailing us at services@tutorjr.com , using the subject line "Request for California Privacy Information." In your request, please attest to the fact that you are a California resident and provide a current California address. We will reply to valid requests by sending a response to the email address from which you submitted your request. Please note that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing and the relevant details required by the Shine the Light law will be included in our response.
11.Your data subject rights
You may have the following rights in relation to the personal data we hold about you, and we will respond to such requests, in accordance with applicable laws:
- right to access your personal data, and in some cases information about how your personal data has been used;
- right to correct your personal data;
- right to withdraw consent to processing of your personal data;
- right to erase or delete your personal data in certain circumstances;
- right to restrict or object to processing of your personal data in certain circumstances;
- right to data portability;
- right to opt-out of sale of your personal data; and
- right to lodge a complaint with the relevant supervisory authority.
12.Children’s Privacy Policy
Children, who are (1) under the age of 13 outside of Europe; or (2) under the age of 16 in Europe (as used in this Privacy Policy,”Children”), should not use our services except with the prior consent of a parent or legal guardian (as used in this Privacy Policy,”Parent”). We only collect and disclose as much information about Children as is reasonably necessary for the purposes described in this Privacy Policy .
In this section, TutorABC Inc. will notifies Parents about:
In this section, TutorABC Inc. will notifies Parents about:
- The types of personal information we may collect from Children and how we collect
- How the Children’s personal information will be used
- Whether we disclose Children’s personal information collected to third parties
- Parental rights
12.1The types of personal information we may collect from Children and how we collect
12.1.1
Account information
We may also collect your personal data from:
Most features of our services are only available for registered accounts. To register for an account of tutorJr Platform, We may ask you to provide the Children’s name, Children’s contact mobile number (which maybe Parent’s mobile number ) to receive verification code, and ask you to set the password for that account.
After you log into tutorJr Platform with the contact mobile number and password, we may set some forms on the “Personal Profile” page to collect Children’s gender, birthday, contact email address, current country of residence, time zone, language preference for website, Parent’s name, Parent’s contact email address, and Parent’s contact mobile number to form student’s profile.
We may also collect your personal data from:
Most features of our services are only available for registered accounts. To register for an account of tutorJr Platform, We may ask you to provide the Children’s name, Children’s contact mobile number (which maybe Parent’s mobile number ) to receive verification code, and ask you to set the password for that account.
After you log into tutorJr Platform with the contact mobile number and password, we may set some forms on the “Personal Profile” page to collect Children’s gender, birthday, contact email address, current country of residence, time zone, language preference for website, Parent’s name, Parent’s contact email address, and Parent’s contact mobile number to form student’s profile.
12.1.2
Session records
If Children attend any online session via tutorJr Platform, our system may automatically record all or part of such sessions. In other words, we may collect voices and videos of the Children if Children open their cameras or microphones. Children can choose whether or not to open their cameras or microphones. In consideration of the interactive nature of online sessions, we encourage Children to at least open the microphones to talk with teachers.
If Children attend any online session via tutorJr Platform, our system may automatically record all or part of such sessions. In other words, we may collect voices and videos of the Children if Children open their cameras or microphones. Children can choose whether or not to open their cameras or microphones. In consideration of the interactive nature of online sessions, we encourage Children to at least open the microphones to talk with teachers.
12.1.3
Log records
When Children log into accounts of tutorJr Platform , we automatically receive and record information from Children’s device, including device ID or IP address, and account's log information, such as the applications from which Children entered the tutorJr Platform, the applications to which Children head when Children leave the tutorJr Platform, the amount of time Children spend on the tutorJr Platform, as well as Children’s behaviors on the tutorJr Platform.
When Children log into accounts of tutorJr Platform , we automatically receive and record information from Children’s device, including device ID or IP address, and account's log information, such as the applications from which Children entered the tutorJr Platform, the applications to which Children head when Children leave the tutorJr Platform, the amount of time Children spend on the tutorJr Platform, as well as Children’s behaviors on the tutorJr Platform.
12.1.4
Cookies
When Children visit tutorJr Platform, we may use cookies to automatically collect the details of Children’s visits, and to distinguish specific user from other users of the tutorJr Platform. A cookie is a small file containing a string of characters that is sent to your computer or mobile device when you visit a website or an application. When you visit the website or application again, the cookie allows that website or application to recognize your web browser. Most web browsers can be set to disable the use of cookies.
However, if you disable cookies, you may not be able to access the functionalities on the tutorJr Platform correctly or at all. For detailed information of the cookies we use, the purposes for which we use them, and how you can exercise your choices regarding our use of your cookies, please see Appendix B below.
When Children visit tutorJr Platform, we may use cookies to automatically collect the details of Children’s visits, and to distinguish specific user from other users of the tutorJr Platform. A cookie is a small file containing a string of characters that is sent to your computer or mobile device when you visit a website or an application. When you visit the website or application again, the cookie allows that website or application to recognize your web browser. Most web browsers can be set to disable the use of cookies.
However, if you disable cookies, you may not be able to access the functionalities on the tutorJr Platform correctly or at all. For detailed information of the cookies we use, the purposes for which we use them, and how you can exercise your choices regarding our use of your cookies, please see Appendix B below.
12.2How the Children’s personal information will be used
12.2.1
Application processing
- Process Children’s application as students;
- Verify Children’s identity;
12.2.2
Managing service contract
- Managing and administering service contract, including without limitation arranging class scheduling, feedback and payment for services to Children;
- Display Children’s profile, learning history and the level of language to teachers Children may learn from via our Platforms;
- Facilitate classes with students Children may learn with via, or users of, our services and platforms. This may include providing recorded tutoring sessions to users; and
- Update student profile when requested by registered accounts or otherwise required by applicable law.
12.2.3
Communications
- Communicate with Children or Parents in respect of the services we provide via the tutorJr Platform ;
- Send Children communications (including personalized content, but other than by way of unsolicited electronic communications where we are required to obtain prior consent of a Parent in terms of applicable laws) from or about us in relation to our products and services (including but not limited to newsletters, events, announcements and updates);
12.2.4
Management of the Our Platform
- Enable us to operate the tutorJr Platform;
- Check whether Children’s devices meet the technical and operational requirements of the tutorJr Platform;
- Carry out support and maintenance functions;
- Provide Children with necessary assistance in case of any technical issues;
- Conduct data analysis and research;
- Further develop and enhance the functionality and features of the tutorJr Platform; and
- Deploy security measures for the tutorJr Platform.
12.2.5
Business Operations
- Carry out our internal business functions such as quality control, teachers headcount planning, reporting management;
- Carry out data migration activities where required for internal operation purposes;
- Protect our intellectual property and other rights;
- Enforce our internal policies and/or contractual rights;
- Conduct necessary investigations and suspend or terminate actions; and
- In the context of any merger, sale or acquisition of a company or business in which we (or any of our Affiliates) are involved and in order to manage such transaction.
12.2.6
Compliance purpose
- Comply with applicable laws, regulations, legal process (such as a court order or subpoena), governmental request, our internal policies and procedures, and other ethics, anti-corruption and compliance reporting tools;
- Protect our, Children’s or others' rights, property or safety, or the public against harm, as required or permitted by law.
- Any other compliance purposes permitted by law.
12.3
Whether we disclose Children’s personal information collected to third parties
We may disclose Children’s personal information collected to the following third parties:
We may disclose Children’s personal information collected to the following third parties:
- our affiliates within the TutorABC group of companies, including (but not limited to) TutorABC GOBAL Limited. (collectively, "Affiliates");
- students you may learn with via, and users of, our services and platforms;
- our (and/or our Affiliates') service providers who support our provision and promotion of the tutorJr Platform, our services and our business, such as providers of IT and analytics services, software development kits, payment services, insurance, certification services and training, and our professional advisors (such as lawyers and accountants);
- Government, enforcement or regulatory authorities in any applicable jurisdiction;
- outside parties involved in a merger, acquisition or due diligence exercise; and
- anyone Parents authorize on behalf of Children.
12.4
Parental rights
Parents have the following rights in relation to the Children’s personal information we collected:
Parents can exercise their Parental rights by:
Parents can also inquire or submit complaints about privacy related issues by sending or emailing to us.
Parents have the following rights in relation to the Children’s personal information we collected:
- right to review Children’s personal information;
- right to access or make change to Children’s personal information.
- right to stop further collection or use of Children’s personal information in certain circumstances.
- right to delete Children’s personal information in certain circumstances.
Parents can exercise their Parental rights by:
- logging into student account and visiting “Personal Profile” page to access, review, delete, make change to Children’s personal information; or
- sending the request for exercising Parental rights to our online customer service, or emailing us at services@tutorjr.com.
Parents can also inquire or submit complaints about privacy related issues by sending or emailing to us.
13.Contact us
If you have any questions about this Privacy Policy, or want to exercise your rights set out in Privacy Policy, please email services@tutorjr.com.
14.Changes to this Privacy Policy
We may make changes to this Privacy Policy from time to time. Where it is practicable, we will notify you by email of any material changes, and we will obtain your consent to such changes if required to do so by applicable law. However we encourage you to review this Privacy Policy periodically to be informed on how we use your personal data.
15.For California Residents
If you are a California Resident, the following section also applies:
The information in this Privacy Policy (including Appendix C) is intended to provide an overall description of our collection and use of personal information about you. Also, in some cases (such as where required by law), we ask for your consent or give you certain choices prior to collecting or using certain personal information. In this section and in Appendix C, "personal information" is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.
This Privacy Policy was last updated on January 12, 2020.
The information in this Privacy Policy (including Appendix C) is intended to provide an overall description of our collection and use of personal information about you. Also, in some cases (such as where required by law), we ask for your consent or give you certain choices prior to collecting or using certain personal information. In this section and in Appendix C, "personal information" is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.
This Privacy Policy was last updated on January 12, 2020.
CONSENT (if you are not resident in the UK or the EU)
By clicking below, you hereby consent to the collection, use, disclosure and other processing (including, without limitation, direct marketing communications and overseas data transfers) of your personal data (including where applicable your sensitive personal data, if any) by TutorABC Inc. as described in detail in our Privacy Policy.
By clicking below, you hereby consent to receipt of direct marketing of goods or services to be marketed by means of electronic communications by TutorABC Inc. as described in detail in our Privacy Policy.
By clicking below, you hereby consent to receipt of direct marketing of goods or services to be marketed by means of electronic communications by TutorABC Inc. as described in detail in our Privacy Policy.
CONSENT LANGUAGE FOR BIOMETRIC DATA (if you are resident of Illinois, Washington and Texas)
By clicking the "Allow" button, you understand and agree that tutorJr may record your voice patterns and image and store your facial geometry for the purposes of matching your facial features against your photo ID for identity verification and validation purposes. We will disclose your biometric data to our vendors (if any) who assist us in operating the tutorJr Platform and may also disclose such data to other parties to protect our rights and interests and the rights and interests of other persons, or otherwise with your permission. We will retain your voice recordings and facial geometry data until, and will request that our vendors permanently destroy such data when, the first of the following occurs: (a) the initial purpose for collecting or obtaining such data has been satisfied, or (b) within 3 years of your last interaction with us. You may withdraw your consent at any time by contacting us as set forth in our Privacy Policy.
APPENDIX A
LAWFUL BASIS OF PROCESSING
1
Purpose for processing：Application processing
Process your application as a student
The lawful basis we rely on：
Some of this processing is necessary for takings steps at your request to enter into a contract with you.
Additional processing is necessary for the purpose of the legitimate interests pursued by us.
We have a legitimate interest in fully assessing students to ensure the selection of suitable and appropriate tutors.
We aim to arrange the best suitable consultants to students and this contributes towards meeting our business objectives, maintain our reputation and attracting students interested in learning.
To the extent that there is any processing of special personal information for purposes of the application processing, we will rely on your consent in circumstances where required by applicable laws.
2
Purpose for processing：Providing service contract
Providing contracts of online learning and preparing to learn with us.
The lawful basis we rely on：
Some of this processing is necessary for the compliance with legal obligations to which TutorABC is subject including the requirement to issue written particulars or terms of online learning.
Additional processing is necessary to take steps to enter into the contract between you and TutorABC and to perform that contract.
To the extent that there is any processing of special personal information for purposes of the contract and online learning process, and such processing is not necessary for the establishment, exercise or defence by TutorABC of a right or obligation in law, we will rely on your consent in circumstances where required by applicable laws.
3
Purpose for processing：Managing service contract
Managing and administering your contract, including without limitation arranging class scheduling, feedback and payment for your services;
Display your profile, learning experience and language proficiency to consultants you may learn from via our services and platforms;
Facilitate classes with consultants you may learn from or users of our services and platforms;
Update your profile when requested by you or otherwise required by applicable law; and
We will use and otherwise process your special categories of personal data for the following purpose:
- Verify your identity;
- Detect potential imposters or fraudsters who may be using our services and platforms fraudulently or illegally;
- Where applicable display your photograph and facial images on your profile.
The lawful basis we rely on：
Some of the processing is necessary to perform the contract between you and TutorABC to ensure that you carry out your obligations or execute your rights under your contract.
Further processing is necessary for the purpose of the legitimate interests pursued by TutorABC.
TutorABC has a legitimate interest in contributing to appropriate business protection by ensuring that students can be identified and to prevent imposters posing as approved students.
It also includes facilitating, controlling and restricting access to the TutorABC Platform and other TutorABC systems. To be effective these must be monitored and kept up to date.
To the extent that there is any processing of special personal information for purposes of the managing your contract including the display of photographic and facial images, we will rely on your consent in circumstances where required by applicable laws.
In addition to our legitimate interests where reliance on such lawful basis is permitted by applicable laws, any processing of special categories of personal data for identification and detecting imposters or fraudsters will be carried out based on your explicit consent. Alternative verification mechanisms may be provided where these would achieve similar standards of verification and authentication.
4
Purpose for processing：Communications, marketing and advertising
Communicate with you in respect of the services we provide via the TutorABC Platform or when you otherwise learn with us via the TutorABC Platform;
Send you marketing communications or advertisements from or about us or our Affiliates in relation to our products and services (including but not limited to newsletters, events and promotions); and
Enable selected third parties to send marketing communications which are related to their products or services which we think may be of interest to you.
The lawful basis we rely on：
Using your data to communicate with you is necessary for the compliance with legal obligations to which TutorABC is subject including the need to communicate with you regarding processes governed by laws.
Additional processing is necessary to perform the contract between you and TutorABC. There needs to be communication between you and TutorABC to operate your contract.
Further processing is necessary for the purpose of the legitimate interests pursued by TutorABC.
TutorABC has a legitimate interest in managing and operating its business. This includes effective communication and maintaining a dialogue with students operationally and in relation to their terms and conditions of contract.
Communication is important to support the effective organisation and delivery of service and support successful delivery of commitments to members and enable effective business performance.
Marketing communications will be sent in our legitimate interests or to the extent that students have consented to receiving such communications, where required by applicable laws.
5
Purpose for processing：Management of the TutorABC Platform
Enable us to operate the TutorABC Platform;
Carry out support and maintenance functions; provide you with necessary assistance in case of any technical issues;
Conduct data analysis and research, further develop and enhance the functionality and features of the TutorABC Platform; and
Deploy security measures for the TutorABC Platform.
The lawful basis we rely on：
Some of this processing is necessary for the purpose of meeting TutorABC's contractual obligations to provide you with tools and support in the provision of the services.
Further processing is necessary for the purpose of the legitimate interests pursued by TutorABC.
TutorABC has a legitimate interest in ensuring that the TutorABC Platform meets and operates to market standards for the provision of its services to members.
6
Purpose for processing：Business Operations
Carry out our internal business functions such as sessions quality control, consultants headcount planning, reporting management;
Protect our intellectual property and other rights;
Enforce our internal policies and/or contractual rights; and
Conduct necessary investigations and suspend or terminate actions.
The lawful basis we rely on：
Some of this processing is necessary for the compliance with legal obligations to which TutorABC is subject including statutory reporting obligations and corporate governance requirements.
Additional processing is necessary for the purpose of the legitimate interests pursued by TutorABC.
TutorABC has a legitimate interest in managing and operating its business, ensuring appropriate governance and controls are in place and to measure and report on financial management and business performance.
This includes appropriate preparation of management information reports; financial accounts; reporting for internal and external governance; and liaising with third parties such as investors or finance providers.
TutorABC also has a legitimate interest in ensuring that its business, members, students and systems are protected.
While we engage in management procedures with a view to addressing and resolving concerns we also need to ensure that any ultimate decision to bring your contract to an end is fair and lawful. This processing is necessary to perform the contract between you and TutorABC where we have committed to comply with certain procedures as part of your terms and conditions of contract .
TutorABC has a legitimate interest in managing its student pool and operating its business. This includes putting in place appropriate policies and procedures for students and taking action if they are not complied with. It also includes addressing student concerns and issues, resolving the same and complying with our policies and procedures.
These activities support business continuity and are important to support the TutorABC's long-term business goals and outcomes.
To the extent that there is any processing of special personal information for business operational purposes, and such processing is not necessary for the establishment, exercise or defence by TutorABC of a right or obligation in law, we will rely on your consent in circumstances where required by applicable laws.
7
Purpose for processing：Compliance purpose
Comply with applicable laws, regulations, legal process (such as a court order or subpoena), governmental request, our internal policies and procedures, and other ethics, anti-corruption and compliance reporting tools;
Protect our legitimate business interests and legal rights, including, but not limited to, use in connection with legal claims, health and safety compliance, regulatory, investigative, grievance and remedy purposes;
Detect, prevent or address fraud, security or technical issues; and
Protect us and you, and our, your or others' rights, property or safety, or the public against harm, as required or permitted by law.
The lawful basis we rely on：
This processing is necessary for the compliance with legal obligations to which TutorABC is subject where there is a legal obligation to disclose information or a court or other legal order to provide information is place.
Where not legally required, processing is necessary for the purpose of the legitimate interests pursued by TutorABC.
TutorABC has a legitimate interest in co-operating with relevant authorities, government bodies or regulators for the provision of information where appropriate.
TutorABC wishes to maintain its reputation as a good corporate citizen and to act ethically and appropriately in all the jurisdictions in which it does business.
TutorABC has a legitimate interest in protecting its organisation from breaches of legal obligations owed to it and defending itself against litigation. This is necessary to ensure that our legal rights and interests are protected appropriately, to protect our reputation and to protect us from other damage or loss.
To the extent that there is any processing of special personal information for general compliance purposes, and such processing is not necessary for the establishment, exercise or defence by TutorABC of a right or obligation in law, we will rely on your consent in circumstances where required by applicable laws.
This encourages compliance and high standard of business practice and protects our reputation. This supports our immediate and long-term business goals and outcomes.
8
Purpose for processing：Safety, security and preventing and detecting inappropriate or unlawful activities
Safety and security; satisfying the Company's regulatory or other obligations to supervise users; and preventing, detecting and investigating a wide range of activities and behaviours and liaising with regulatory authorities.
The lawful basis we rely on：
Some of this processing is necessary for the purpose of the legitimate interests pursued by TutorABC.
TutorABC has a legitimate interest in ensuring that its business, members, employees and systems are protected and that action is taken to mitigate risk and to prevent and detect matters which may put TutorABC or its business or stakeholders at risk.
This includes carrying out risk assessments; detecting and preventing crimes or criminal activity or other unlawful or unethical activity; ensuring that only appropriate users are engaged in our platform; and ensuring compliance with other legal or regulatory requirements placed upon us or related official guidance.
To the extent that there is any processing of identifiable special personal information for safety and security purposes and for the prevention and detection of inappropriate or unlawful activities, and such processing is not necessary for the establishment, exercise or defence by TutorABC of a right or obligation in law, we will rely on your consent in circumstances where required by applicable laws.
9
Purpose for processing：Sharing your personal data
We may share your personal data with the following:
- our affiliates within the TutorABC group of companies,
- students you may learn with via, and users of, our services and platforms;
- our (and/or our Affiliates') service providers who support our provision of the TutorABC Platform, our services and our business;
- Government, enforcement or regulatory authorities in any applicable jurisdiction;
- outside parties involved in a merger, acquisition or due diligence exercise; and
- anyone you authorise.
The lawful basis we rely on：
TutorABC has a legitimate interest in ensuring that it can engage with suppliers effectively and that suppliers can access the information they need to provide the service for which they have been engaged.
Effective communication with and engagement of suppliers is important for business continuity and improvement.
TutorABC has a legitimate interest in providing tutoring packages, which may include recording of tutoring sessions to students. Note that our members also have legitimate interest in retaining such packages.
Some of this processing is necessary for the compliance with legal obligations to which TutorABC is subject.
Additional processing is necessary for the purpose of the legitimate interests pursued by TutorABC.
TutorABC has a legitimate interest in managing its business operations in the most effective way. TutorABC needs to make decisions relating to the future of its business in order to preserve its business operations, grow its business or maximise efficiency and effectiveness.
In the event that TutorABC makes a decision to outsource a function or acquire or transfer a business or part of a business TutorABC and the third party with whom TutorABC is seeking to transact each have a legitimate interest in ensuring that the workforce, employee costs and liabilities are sufficiently understood prior to committing to the transaction and to ensure a smooth transition of employees if a transaction goes ahead.
To the extent that there is any disclosure or sharing of special personal information with third parties, we will rely on your consent to such disclosure and sharing of personal data in circumstances where required by applicable laws.
APPENDIX B
COOKIES POLICY
1.Introduction
1.1.TutorABC Inc. ("we", "our" or "us") uses cookies on the tutorJr website and/or tutorJr mobile application (together, "tutorJr Platform"). The information set out in this policy is provided in addition to our privacy policy ("Privacy Policy"), and should be read alongside our Privacy Policy.
1.2.Cookies are small text files that are placed on your computer or mobile device by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide web services and functionalities for users. For example, they enable you to improve your experience on the tutorJr Platform and enable the tutorJr Platform to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don't have to keep re-entering them whenever you come back to the tutorJr Platform or browse from one page to another.
1.3.You do not need to have cookies turned on to visit most of the tutorJr Platform. However, having cookies switched on should allow for a smoother and more tailored browsing experience, and is required for certain parts of the tutorJr Platform's functionality. In the majority of cases, a cookie does not provide us with any personal information.
1.3.1Types of cookies
Cookies may be either "persistent" cookies or "session" cookies. The tutorJr Platform uses both persistent and session cookies.
A persistent cookie consists of a text file sent by a web server to a web browser, which allows us to collect and analyze (on an anonymous basis) traffic and use of the tutorJr Platform, monitor the system and improve operating performance, for example, store your preferences to enhance your subsequent visits. It will not be automatically deleted when the browser is closed but is stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date).
A session cookie is essential to ensure the correct functioning of the tutorJr Platform and is used to manage registration/login and access to reserved features. It is stored temporarily during a browsing session will expire at the end of the user session, when the web browser is closed. This tutorJr Platform uses both persistent and session cookies.
Cookies may be either "persistent" cookies or "session" cookies. The tutorJr Platform uses both persistent and session cookies.
A persistent cookie consists of a text file sent by a web server to a web browser, which allows us to collect and analyze (on an anonymous basis) traffic and use of the tutorJr Platform, monitor the system and improve operating performance, for example, store your preferences to enhance your subsequent visits. It will not be automatically deleted when the browser is closed but is stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date).
A session cookie is essential to ensure the correct functioning of the tutorJr Platform and is used to manage registration/login and access to reserved features. It is stored temporarily during a browsing session will expire at the end of the user session, when the web browser is closed. This tutorJr Platform uses both persistent and session cookies.
1.3.2
Other tracking technologies
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with the tutorJr Platform and services to, among other things, track the activities of visitors and users of tutorJr Platform, help us manage content, and compile statistics about usage of tutorJr Platform. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Local Storage Objects. We may use Flash Local Storage Objects ("Flash LSOs") to store your preferences on tutorJr Platform and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose "Global Storage Settings Panel" and follow the instructions. To see the Flash LSOs currently on your computer, choose "Website Storage Settings Panel" and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Third Party Ad Networks. We use third parties such as network advertisers to serve advertisements on tutorJr Platform, third-party websites or other media (e.g., social networking platforms). This enables these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party's specific privacy or cookies policy, not this one.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with the tutorJr Platform and services to, among other things, track the activities of visitors and users of tutorJr Platform, help us manage content, and compile statistics about usage of tutorJr Platform. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Local Storage Objects. We may use Flash Local Storage Objects ("Flash LSOs") to store your preferences on tutorJr Platform and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose "Global Storage Settings Panel" and follow the instructions. To see the Flash LSOs currently on your computer, choose "Website Storage Settings Panel" and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Third Party Ad Networks. We use third parties such as network advertisers to serve advertisements on tutorJr Platform, third-party websites or other media (e.g., social networking platforms). This enables these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party's specific privacy or cookies policy, not this one.
1.3.3
Our use of cookies
We do not automatically capture or store personal information from browsers to the tutorJr Platform, other than to log your IP address (which in certain circumstances will be your personal data) and session information such as the duration of the visit to our site and the nature of the browser used. This information is used only for administration of the tutorJr Platform and in the compilation of statistics which we use for analysis in order to improve the tutorJr Platform and understand in general terms who uses our Website.
Cookies may be required to allow you to access and participate in certain areas of the tutorJr Platform. Once you have closed your browser, this type of cookie is deactivated. Like all cookies, you are able to remove or block particular cookies at any time (see below).
We do not automatically capture or store personal information from browsers to the tutorJr Platform, other than to log your IP address (which in certain circumstances will be your personal data) and session information such as the duration of the visit to our site and the nature of the browser used. This information is used only for administration of the tutorJr Platform and in the compilation of statistics which we use for analysis in order to improve the tutorJr Platform and understand in general terms who uses our Website.
Cookies may be required to allow you to access and participate in certain areas of the tutorJr Platform. Once you have closed your browser, this type of cookie is deactivated. Like all cookies, you are able to remove or block particular cookies at any time (see below).
1.3.4
Your cookie choices
The majority of browsers will allow you to alter the settings used for cookies and to disable and enable them as you require.
You can reject all cookies (except strictly necessary cookies) in case you prefer not to receive them, and you can have your computer warn you whenever cookies are being used. You can delete the cookies that are already on your computer and you can set your browser to prevent them from being placed. Disabling cookies may, however, prevent some web services (including on tutorJr Platform) from working correctly. Please be aware that when you have set your computer to reject cookies, it can limit the functionality of the tutorJr Platform and it is possible then that you will not have access to some of the features on the tutorJr Platform.
To disable cookies, or to receive a warning whenever cookies are being used, you have to adjust your browser settings. You can adjust your browser settings to delete certain cookies. Visit the "help" section of your browser for how to manage your cookie settings, or follow the links below:
For further general information on cookies and more detailed advice on how to disable and enable them please go to http://www.allaboutcookies.org.
Opting-out of Third Party Ad Networks. You have the ability to opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at www.aboutads.info or the NAI's website at www.networkadvertising.org.
The majority of browsers will allow you to alter the settings used for cookies and to disable and enable them as you require.
You can reject all cookies (except strictly necessary cookies) in case you prefer not to receive them, and you can have your computer warn you whenever cookies are being used. You can delete the cookies that are already on your computer and you can set your browser to prevent them from being placed. Disabling cookies may, however, prevent some web services (including on tutorJr Platform) from working correctly. Please be aware that when you have set your computer to reject cookies, it can limit the functionality of the tutorJr Platform and it is possible then that you will not have access to some of the features on the tutorJr Platform.
To disable cookies, or to receive a warning whenever cookies are being used, you have to adjust your browser settings. You can adjust your browser settings to delete certain cookies. Visit the "help" section of your browser for how to manage your cookie settings, or follow the links below:
- Internet Explorer: http://support.microsoft.com/gp/cookies/en
- Mozilla Firefox: http://support.mozilla.com/en-US/kb/Cookies
- Google Chrome: http://www.google.com/support/chrome/bin/answer.py?hl=en&answer=95647
- Safari: http://support.apple.com/kb/PH5042
- Opera: http://www.opera.com/browser/tutorials/security/privacy/
For further general information on cookies and more detailed advice on how to disable and enable them please go to http://www.allaboutcookies.org.
Opting-out of Third Party Ad Networks. You have the ability to opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at www.aboutads.info or the NAI's website at www.networkadvertising.org.
APPENDIX C
CATEGORIES OF PERSONAL INFORMATION COLLECTED FROM CALIFORNIA RESIDENTS
Generally, we may collect the below categories of personal data about our applicants and students, to the extent permitted under applicable laws (and for the purposes called out in the main body of this Privacy Policy above):- Identifiers: such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, device ID, email address, account name, social security number, or other government identifiers.
- Paper and electronic records: records containing personal information, such as name, signature, photo, contact information, education and employment history, Social Security number and other government identifiers, financial or payment information.
- Characteristics of protected classifications: such as sex, gender identity, age, citizenship status, or other characteristics of protected classifications under California or federal law. (Note: generally, this information is collected on a voluntary basis and is used in support of our equal opportunity and diversity and inclusion efforts and reporting obligations, or where otherwise required by law.)
- Internet or other electronic network activity information: such as browsing history, search history, and information regarding interactions with an internet website, application, or advertisement, as well as physical and network access logs and other network activity information related to your use of your devices, network or other information resource.
- Audio, video and other electronic data: audio, electronic, visual, or similar information, such as photographs, call recordings, video recordings (e.g. your English proficiency test video recordings, online video sessions records) and other audio recordings.
- Employment information: professional or employment-related information.
- Education information: information about education history or background that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
