PRIVACY POLICY

Privacy & Intellectual Property Policies

LearnWith.AI, Inc. (collectively, the “Company”, “we”, or “us”) respects your privacy. This Privacy Policy Statement (“Privacy Policy”) describes the ways we collect information from and about User/ Signatory/ Applicant/ Student and any other person (hereinafter referred to as “you”/ “your”), what we do with the information, and your privacy rights. This Privacy Policy is in furtherance to the Terms of Service (“Terms”) available at https://magicacademy.learnwith.ai/terms-of-service/ and all of the capitalized definitions as under the Terms shall be applicable under this Privacy Policy. By accessing our website, or using our products or services, or when you agree to our online terms, you agree to this Privacy Policy in addition to any other agreements we might have with you. Except to the extent otherwise required by applicable law, in the event that such agreements contain terms that conflict with this Privacy Policy, the terms of those agreements will prevail.

This Privacy Policy references data collection, usage and sharing about you, whether you are a User, Signatory, parent, child, Student, Applicant, or another natural person. This Privacy Policy specifically describes such activities about an Applicant, Student, or child in Section 13 and has additional information about parents in Section 14, including rights of parents with respect to children under the age of 13.

Scope. This Privacy Policy includes the Company’s Privacy Policy Statement. It applies to personal data processed by us in conjunction with this website, mobile applications, and other services (collectively, the “Services”).

Company’s Privacy Policy Statement

1. Our Collection of Parent, Student and Your Information

Personal Data. The information we collect may include your personal data, such as your name, contact information, IP addresses, product and service selections and other data that may identify you. We collect personal data about you at several different points, including but not limited to the following:

  • when we correspond with you;
  • when you visit our website or otherwise are researching prior to using the software or paid services;
  • when you use our software or services;
  • when you register as an User of our services and an account is created for you;
  • when you enroll in any newsletter or other periodic communication;
  • when you contact us for help;
  • when the websites or mobile apps send us error reports or application analytics data;
  • when you provide content on our forums, blogs, or social media pages; and
  • as described in Section 13 (Children’s Privacy) and Section 14 (Parental Rights).

2. Information Collected Automatically or From Others

Automatic Data Collection.  We may collect certain information automatically when you use the Services.  This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services.  Information we collect may be associated with accounts and other devices. Our Services, such as those related to location data management, may collect precise geolocation information in accordance with applicable law

In addition, we may automatically collect data regarding your use of our Services, such as the types of content you interact with and the frequency and duration of your activities.  Unless contrary to applicable law or contractual agreement, we may combine your information with information that other people provide when they use our Services, including, when the option is available, information about you when they tag you.

Cookies, Pixel Tags/ Web Beacons, Analytics Information, and other technologies.  We, as well as third parties that provide content, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services.  Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.

  • Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences.  Most browsers allow you to block and delete cookies.  However, if you do that, the Services may not work properly.
  • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page.  The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.

Web Analytics Services. We may use analytics services, including without limitation Google Analytics, a service for the marketing analysis of the site provided by Google, Inc. Google Analytics uses cookies to allow us to see how you use our site, so we can improve your experience. Google’s ability to use and share information collected by Google Analytics about your visits to the site is restricted by the Google Analytics Terms of Use available at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy available at http://www.google.com/policies/privacy/. You can prevent Google Analytics from recognizing you on return visits to the site by disabling cookies in your browser. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on available at https://tools.google.com/dlpage/gaoptout. For information about other analytics services used, please contact us using the contact information below.

Information from Other Sources. We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you.  For example, the Services will collect information about the Student from third-party learning applications and compile that information as part of the Services. Additionally, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings.  Information we collect through these services may include your name, your user identification number, your user name, location, gender, birth date, email, profile picture, and your contacts stored in that service.  This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.

Children’s Privacy and Parental Rights. As further described in Section 13 (Children’s Privacy) and Section 14 (Parental Rights)

3. Our Use of your Personal Data

Our Company may use information that we collect about you to:

Fulfil our contract with you and provide you with our Services, such as:

  • delivering the products and Services that you have requested;
  • managing your customer relationship and provide you with customer support;
  • communicating with you by email, postal mail, telephone or mobile devices about products or services;
  • undertaking activities to verify or maintain the quality or safety of a service or device;
  • managing our business, and
  • allowing you to register for events or other services.

Analyze and improve our Services pursuant to our legitimate interest, such as:

  • detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
  • performing research and analysis about your use of, or interest in, our Services or content offered by others, and short-term, transient use, such as contextual customization;
  • undertaking research for technological development and demonstration;
  • improving, upgrading or enhancing our Services or device or those of our Providers;
  • verifying your identity and preventing fraud;
  • debugging to identify and repair errors that impair existing intended functionality, and
  • enforcing our terms and conditions

Provide you with additional content and Services, such as:

  • developing and display content tailored to your interests on our websites or mobile applications;
  • auditing relating to interactions, transactions and other compliance activities; and
  • performing functions you consent to or that are otherwise described to you at the time of collection.

As further described in Section 13 (Children’s Privacy) and Section 14 (Parental Rights).

Use De-identified and Aggregated Information.  We may use personal data and other data about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create.

Share Content with Other Users.  Our Services may offer various tools and functionalities to share with other users.

4. Our Disclosure of Parent, Student and your Personal Data to Third Parties

We may share your personal data with third parties only in the ways that are described in this Privacy Policy.

  • Affiliates and Service Providers. we may provide your information to affiliated entities within our corporate group, as well as with vendors who perform functions on our behalf; such parties provide hosting and maintenance services, virtual infrastructure, payment processing, analysis and other services for us;
  • third party contractors may have access to our databases.  Usually these contractors sign a standard confidentiality agreement;
  • Business Partners. we may share your data with any parent company, subsidiaries, joint ventures, other entities under a common control or third-party acquirers. We expect these other entities will honor this Privacy Policy;
  • Disclosure for Merger, Sale or Other Asset Transfer. we may allow a potential acquirer or merger partner to review our databases, although we would restrict their use and disclosure of this data during the diligence phase;
  • Disclosure to Protect Us or Others. as required by law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to our Company; or when we believe, in our sole discretion, that the disclosure of personal data is necessary to prevent physical harm or financial loss; to report suspected illegal activity or to investigate violations of our agreements or Company policies; to enforce our terms and conditions, to protect the security or integrity of our products and services;
  • when you give us permission to do so; and
  • Children’s Privacy and Parental Rights. As further described in Section 13 (Children’s Privacy) and Section 14 (Parental Rights).

Please note that these third parties may be in other countries where the laws on processing personal data may be less stringent than in your country.

Potential for Other Users to Contact You. To the extent that a given application supports personal messaging functionality between and among Users, you may receive personal messages from other Users.  You may be able to disable this functionality by using the unsubscribe and other disabling instructions in the given application.

5. Our Security Measures to Protect your Personal Data

Our Company uses industry-standard technologies when transferring and receiving data exchanged between our Company and other companies to help ensure its security. This site has security measures in place to help protect information under our control from the risk of accidental or unlawful destruction or accidental loss, alteration or unauthorized disclosure or access. However, “perfect security” does not exist on the Internet.  Also, if this website contains links to other sites, our Company is not responsible for the security practices or the content of such sites.

6. Our Use of Automatic Collection Technologies

  • Automatic Collection Technologies. We, as well as third parties that provide content, certain advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories:
  • Operationally Necessary. This includes Technologies that may allow for the identification of irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
  • Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
  • Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services.  This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
  • Targeting Related. We may use first party or third-party Technologies to deliver content, including content relevant to you, on our Services.
  • Website Links. We may create links to other websites. We will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual’s right to privacy. However, many other sites that are not associated with or authorized by our Company may have links leading to our site. Our Company cannot control these links and we are not responsible for any content appearing on these sites. Since this website does not control the privacy policies of third parties, you are subject to the privacy practices of that third party. We encourage you to ask questions before you disclose any personal data to others.
  • App Links. A given application may provide you with a link to other, third-party sites and applications. Such third-party sites will have their own data collection practices and policies.  Please review the privacy policy for such sites and exercise caution in providing information that personally identifies you.  We have no responsibility, access, or control over the data collection practices and policies of such third-party sites and applications.  You will use such sites and applications at your own risk and outside of the scope of this Privacy Policy.  The provision of such applications is done on an “As Is” basis, with no endorsements or representations.
  • Cross-Device Tracking. Your browsing activity may be tracked across different websites and different devices or apps.  For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop.  To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.
  • Notice Regarding Third Party Websites, Social Media Platforms and Software Development Kits. Our Company websites and mobile apps may use third parties to present or serve content that you may see at its web pages, as part of the services, and to conduct research about the web usage.

This Privacy Policy does not cover certain uses of information that such third parties may have collected from you or the methods used by the third parties to collect that information. To the extent permitted by applicable law, we do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications.  Visiting these other websites or applications is at your own risk.

Our Services may include publicly accessible (in connection with the website only) or private blogs, forums, social media pages, and private messaging features.  To the extent permitted by applicable law, by using such Services, you assume the risk that the personal data provided by you may be viewed and used by third parties for any number of purposes.  In addition, social media buttons such as Twitter and LinkedIn (that might include widgets such as the “share this” button or other interactive mini-programs) may be on our site.  These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly.  These social media features are either hosted by a third party or hosted directly on our site.  Your interactions with these features apart from your visit to our site are governed by the privacy policy of the company providing it.

We may use third party software, APIs and software development kits (“SDKs”) as part of the functionality of our Services.  The software, APIs and SDKs may allow third parties including analytics and advertising partners (to the extent disclosed) to collect your personal data for various purposes including to provide analytics services and content that is more relevant to you.  For more information about our use of third-party software, APIs and SDKs, please contact us as set forth below.

7. Limiting Use, Disclosure, Retention

Whenever applicable, our Company identifies the purposes for which the information is being collected before or at the time of collection. The collection of your personal data will be limited to that which is needed for the purposes identified by our Company. Unless you consent, or we are required by law, we will only use the personal data for the purposes for which it was collected. If our Company will be processing your personal data for another purpose later on, our Company will seek your further legal permission or consent; except where the other purpose is compatible with the original purpose. We will keep your personal data only as long as required to serve those purposes. We will also retain and use your personal data for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

8. International Transfers of your Personal data

Information about you may be stored and processed in the European Economic Area, the United States or any other country in which our agents or contractors maintain facilities, and by accessing our websites and using our mobile apps, software and services, you consent to the transfer or access of your information outside of your country. Such countries may have laws which are different, and potentially not as protective as the laws of your own country. By providing your personal data, you consent to any transfer, access, and processing in accordance with this Policy.

9. Accuracy of Personal data

We do our best to ensure that the personal data we hold, and use is accurate. We rely on you to disclose to us all relevant information and to inform us of any changes.

10. Your Access to and Updating of your Personal data

Reasonable access to your personal data may be provided upon request made to our Company at the contact information provided below. If access cannot be provided within that time frame, our Company will provide the requesting party a date when the information will be provided. If for some reason access is denied, we will provide an explanation as to why access has been denied. We may charge a reasonable fee in advance for copying and sending the information requested.

If you would like us to delete any personal data held about you, we will do so on request unless we need to hold the information as part of the provision of products and services to you.

11. Your Choices

We offer those who provide personal data a means to choose how we use the information provided. Where you have consented to the processing of your personal data, you may withdraw that consent at any time and prevent further processing by contacting us as described below.  Even if you opt out, we may still collect and use non- personal data regarding your activities on our Services and for other legal purposes as described above.

Marketing. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of our marketing emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested.  We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms or this Privacy Policy).

We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as required by applicable law.

Mobile Devices. We may send you push notifications through our mobile application.  You may at any time opt- out from receiving these types of communications by changing the settings on your mobile device.  We may also collect location-based information if you use our mobile applications.  You may opt-out of this collection by changing the settings on your mobile device.

“Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers.  Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits.  The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs.  You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.  To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store.  Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.

Please note you must separately opt out in each browser and on each device.  Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

12. Your Privacy Rights

Depending on where you reside, you may have the right to exercise additional rights available to you under applicable laws, including:

  • Right of erasure. You may have a broader right to erasure of personal data that we hold about you. For example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations, among other things.
  • Right to object to processing. You may have the right to request that we stop processing your personal data, including the right to opt in or opt out of the sale of your Personal Data to third parties, or to stop sending you marketing communications.
  • Right to restrict processing. You may have the right to request that we restrict processing of your personal data in certain circumstances. For example, where you believe that the personal data we hold about you is inaccurate or unlawfully held.
  • Right to data portability: In certain circumstances, you may have the right to be provided with your personal data in a structured, machine readable and commonly used format and to request that we transfer the personal data to another data controller without hindrance.

If you would like to exercise any of the above rights, or others, please contact our support team or contact our Data Protection Officer (see our contact details in the “Contacting Us” Section below). We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request. In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal data for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

13. Children’s Privacy

The Services and other activities involve the collection and maintenance of personal data about children under 13, as well as other personal data of Students, through the site and services. It is operated by: LearnWith.AI, Inc., 401 Congress Ave., Suite 2650, Austin, TX 78701. Please contact us at [email protected] with any questions about the collection, use and sharing of children’s personal data, as well as a list of sub-processors.

The information collected about children under 13, as well as other personal data of Applicants and Students, includes: name; email; password; phone number; IP address; cookie identifiers; geolocation; standard browser data such as pages visited, duration on each page, and productivity/idleness; analytics data; any personal data or information provided in response to assessments or tests; any personal data or information captured by browser or screen tracking in connection with the Student’s use of their browser or operating system; any personal data contained in messages, posts or videos; any information required in Student profiles; any information collected by third-party learning applications; any purchase history in connection with the debit cards used for financial rewards; phone usage (in connection with data tracked by the mobile app); any information provided in Student emails or support requests; and other personal data as described in Section 1 (Our Collection of Your Information) and Section 2 (Information Collected Automatically or From Others).

The information about children under 13, as well as other personal data of Applicants and Students, is or may be used for: Student assessment and testing, account creation, user verification, deliver and improve the products and services, display of Student profiles to other users, provide financial rewards, productivity monitoring and gamification, transactional emails, share content between users, user interaction, customer support, user communication, prevent fraud; community discussions and networking; display of a leaderboard for Students in connection with learning app usage and other activity; detect security incidents; analytics; respond to legal inquiries; terminate accounts; or other usage disclosed in Section 3 (Our Use of your Personal Data).

The information about children under 13, as well as other personal data of Applicants and Students, is disclosed to: Company affiliates, service providers and vendors (including for the purposes of coaching, user engagement, communication, financial rewards, hosting, support, analytics and other internal purposes), other authorized users with whom the child or Student shares and/or communicates, recipients of child or Student emails; government and/ or legal requestors as required by law or in connection with child usage, others as necessary (based on the appropriate consent of the parent/ legal guardian), and other cases as described in Section 4 (Our Disclosure of your Personal Data to Third Parties).

Information may also be disclosed in connection with efforts by Company, service providers/ vendors, or others, to improve education and learning, provided that appropriate privacy protections for the information are in place. For example, a vendor may aggregate information provided or made available by Company for use, research, or study by Company and third-parties.

No child or Student personal data is made available to the public by us. Children can make their personal data available to other authorized users, coaches or email recipients as part of the services.

The parent of a child under 13 or a Student (for certain Student information, subject to an applicable data protection law) can review or have deleted the personal data held by the Services and refuse to permit its further collection or use. A parent may do so by notifying the Company through designated contact mechanism and/or notifying us through the contact information below.

14. COPPA, Parental Rights and Data Collection about Parents

In addition to the information in Section 13, in connection with children under the age of 13, parents (including legal guardians) have specific rights under the Children Online Privacy Protection Act (COPPA). These rights with respect to children under the age of 13 include:

  • Direct notice to parents and obtain verifiable parental consent, with limited exceptions, before collecting personal data online from children;
  • Give parents the choice of consenting to the collection and internal use and sharing of a child’s information as required by COPPA;
  • Provide parents access to their child’s personal information to review and/ or have the information deleted;
  • Give parents the opportunity to prevent further use or online collection of a child’s personal information as required by COPPA;
  • Not condition a child’s participation in an online activity on the child providing more information than is reasonably necessary to participate in that activity.

When you agree to the Terms, you expressly agree to the collection of personal data and other information as described herein and in accordance with applicable data protection laws.

Parents may have additional rights under federal, state and local laws concerning this data. Please contact us using the contact information below to exercise such rights.

To the extent not covered elsewhere, our Company also collects personal data or other information about parents, including without limitation, name, contact information, account verification details, financial payment details, consent requirements, and other information reasonably necessary in connection with the services.

15. Intellectual Property Policy

Software, Software updates, their related technology and services may be covered by one or more United States (“US”) and non-US patents. A listing that associates patented products included in the Software, Software updates, their related technology and services with one or more patent numbers is available at http://patent-listing.trilogy.com (hereinafter, the “Patent Notice”). The association of products-to-patent numbers in the Patent Notice may not be an exclusive listing of associations, and other unlisted patents or pending patents may also be associated with the Software. Likewise, the patents or pending patents may also be associated with unlisted products.

16. Changes to our Privacy Policy

Our Company may amend this Privacy Policy at any time by posting a new version. It is your responsibility to review this Privacy Policy periodically as your continued use of this website and our products and services represents your agreement with the then-current Privacy Policy. If applicable data protection law requires additional affirmative consent from you for a new collection, use and disclosure of the personal information, we will contact you to secure such consent.

17. Contacting Us

LearnWith.AI, Inc.
1201 Spyglass Dr
Austin Texas 78746 USA
E-mail: [email protected]

Last Updated: August 8th, 2023