Last modified on January 27, 2022
2. Personal Data We Collect
User-provided Information: You may provide a variety of information about yourself to us, such as your name, work email address, and the name of your employer when you register or otherwise use the features and functionality of the Services. You may also submit identifying information in emails or letters you send us.
Workplace Conduct Questions. You may submit questions through the Site about workplace conduct issues. One feature of the Services is publishing those questions—after removing details that Emtrain believes are likely to identify the companies and individuals referenced in the questions—along with answers to the questions, to provide guidance to all users of the Services.
Professional or Employment Related Data: Your employer may submit certain employment related data about you, such as job title, job history, or work location [___Yes___].
Device/IP Information: The Site collects certain information automatically and stores it in log files. The information may include Internet Protocol address (“IP Address”), the region or general location where your computer or device is accessing the internet, device and browser types and identifiers, operating system a unique user ID, referring and exit page addresses, software and system type, and information about your usage of the Services, including a history of the pages you view.
Examples of how Emtrain uses automatically collected information include to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you access the Emtrain Services; (b) provide customized content and information; (c) monitor the effectiveness of marketing campaigns; (d) monitor and store aggregate site usage metrics such as total number of visitors and pages accessed; and (e) track your entries, submissions, and status in any promotions or other activities.
Web Analytics: The Site collects certain data for analytics purposes, such as web page interactions, referring webpages through which you accessed the Services, or statistics associated with the interaction between device or browser and the Services.
Information from Other Sources: We will not obtain information about you from third parties, such as advertisers or social media networks.
3. How We Use Personal Information
Emtrain uses Personal Information to operate, maintain, enhance, provide, create, and develop the features, functionality, and services (new or existing) found on the Services; improve your experience with the Services by delivering content that we hope you will find relevant and interesting; and understand the usage trends of our users.
Emtrain may also use Personal Information for purposes such as billing, analytics, client support, account management, security and fraud prevention, and marketing efforts.
We use your company email address to communicate with you, including to notify you of major Services updates, for client service purposes, or to contact you regarding any content that you have posted to or downloaded from the Services or send you service related email announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. You do not have an option to opt out of these emails, which are not promotional in nature. If, at any time, you or your organization would like to unsubscribe from receiving future marketing emails, we include ‘unsubscribe’ instructions at the bottom of each email.
4. When We Disclose and Share Information
Emtrain does not sell, trade, or otherwise transfer your Personal Information to third parties for commercial use.
We may share such information for the following purposes:
If you access the Services in connection with an Enterprise Account Holder (which may be your employer), Emtrain will not disclose Personal Information to such Enterprise Account Holder, but we may inform the company you identify as your associated Enterprise Account Holder that one or more of its unidentified personnel have indicated interest in topics addressed in the Services, as part of our marketing efforts. [Further, we may disclose to your associated Enterprise Account Holder that you have undertaken or completed certain courses on the Services, in order to assist the Enterprise Account Holder in compliance and training tracking.]
Emtrain may disclose your Personal Information if we believe in good faith that such disclosure is necessary to comply with U.S. state and federal laws or other applicable laws around the world (for example, in the country of your residence); respond to a court order, judicial or other government request, subpoena, or warrant in the manner legally required; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.
Emtrain also reserves the right to disclose Personal Information that we believe, in good faith, is appropriate or necessary to protect Emtrain from potential liability or from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims, or allegations; protect the security or integrity of the Services; or protect the rights, property, or safety of Emtrain, our users, or others.
6. Cookies; Do Not Track
We use the following types of Cookies:
- Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
- Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising.
To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, but we do not recognize or respond to browser-initiated DNT signals. It’s also important to note that we do not allow third party behavioral tracking.
7. Data Protection and Security
Emtrain uses a variety of managerial, technical, and physical measures to protect the integrity and security of your Personal Information. These measures may vary based on the sensitivity of your Personal Information. However, no security precautions or systems can be completely secure. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. We cannot ensure or warrant the security of any information you transmit to Emtrain, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you have any questions about the security of your Personal Information, you can contact us at email@example.com.
8. Third Party Services and Websites
9. Personal Information of Children
We do not knowingly collect or solicit Personal Information about children under 13 years of age; if you are a child under the age of 13, please do not attempt to register for or otherwise use the Services or send us any Personal Information. If we learn we have collected Personal Information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided Personal Information to us, please contact us at firstname.lastname@example.org.
10. California Privacy Rights
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Information of our clients’ end users or employees in connection with our provision of certain services to our clients. If we are processing your Personal Information as a service provider, you should contact the entity that collected your Personal Information in the first instance to address your rights with respect to such data.
You have the right to request certain information about our collection and use of your Personal Information over the past 12 months. In response, we will provide you with the following information:
- The categories of Personal Information that we have collected about you.
- The categories of sources from which that Personal Information was collected.
- The business or commercial purpose for collecting or selling your Personal Information.
- The categories of third parties with whom we have shared your Personal Information.
- The specific pieces of Personal Information that we have collected about you.
If we have disclosed your Personal Information to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Information shared with each category of third party recipient. If we have sold your Personal Information over the past 12 months, we will identify the categories of Personal Information sold to each category of third party recipient.
You have the right to request that we delete the Personal Information that we have collected about you. Under the California Consumer Privacy Act (the “CCPA”), this right is subject to certain exceptions: for example, we may need to retain your Personal Information to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Exercising Your Rights
To exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:
- Call us at: 1-800-242-6099
- Email us at: email@example.com
You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
Personal Information Sales Opt-Out and Opt-In
We will not sell your Personal Information, and have not done so over the last 12 months. To our knowledge, we do not sell the Personal Information of minors under 16 years of age.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Information that we receive from you.
11. Other State Law Privacy Rights
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at firstname.lastname@example.org.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.
12. Other People’s Personal Information
You should obtain the consent of any third party prior to your providing any Personal Information of that third party through the Services, as any access to view or change his/her information may be available only through your account.
13. Information Related to Data Collected for our Clients
Emtrain collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer Personal Information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.
Access and Retention of Data Controlled by our Clients:
We acknowledge that you have the right to access your personal information. Emtrain has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Emtrain’s Client (the data controller). If requested to remove data we will respond within a reasonable timeframe.
We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. Emtrain will also retain this Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
14. Transfers of Personal Information
The Services are hosted and operated in the United States (“U.S.”) through Emtrain and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Information about you, regardless of whether provided by you or obtained from a third party, is being provided to Emtrain in the U.S. and will be hosted on U.S. servers, and you authorize Emtrain to transfer, store and process your information to and in the U.S., and possibly other countries.
Emtrain participates in and has certified its compliance with the EU – U.S. Privacy Shield Framework. While Privacy Shield is no longer a valid lawful basis on which Emtrain may rely to transfer Personal Information from the European Union (the “EU”) to the U.S. pursuant to Regulation (EU) 2016/679 (General Data Protection Regulation or GDPR), Emtrain continues to comply with the EU-U.S. Privacy Shield Framework, as administered by the U.S. Department of Commerce, regarding the collection, use, and retention of Personal Information from the EU and the United Kingdom (the “UK”) to the U.S. Emtrain is committed to subjecting all Personal Information received from EU member countries and the UK, in reliance on the Privacy Shield Framework, to the Privacy Shield Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit https://www.privacyshield.gov. For transfers of Personal Information from our clients in the EU and the UK to the U.S., we rely on the Standard Contractual Clauses approved by the European Commission.]
Emtrain is responsible for the processing of Personal Information it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Emtrain complies with the Privacy Shield Principles for all onward transfers of Personal Information from the EU and the UK, including the onward transfer liability provisions.
With respect to Personal Information received or transferred pursuant to the Privacy Shield Framework, Emtrain is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Emtrain may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the Privacy Shield Principles, Emtrain commits to resolve complaints about our collection or use of your Personal Information. EU and UK individuals with inquiries or complaints regarding our Privacy Shield policy should first contact the support department at firstname.lastname@example.org.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
15. Merger or Sale
If Emtrain, or some or all assets related to the Services are acquired by or merged with a third-party entity or because of a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.
16. Contact Information
1731 J Street, Suite 200
Sacramento, CA 95811
+1 800 242 6099