Privacy Notice for California Residents
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
This Privacy Notice for California Residents applies solely to natural persons who are California residents, as defined in Section 17014 of Title 18 of the California Code of Regulations, as that section read on September 1, 2017 (“consumers” or “you”). Any terms defined in the California Consumer Privacy Act of 2018 (CCPA) have the same meaning when used in this Privacy Notice.
Information We Collect
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device (“personal information”). The categories of personal information collected by us from our consumers within the last twelve (12) months are set out in Exhibit A attached to this Privacy Notice.
As set out in detail in Exhibit A attached to this Privacy Notice, we obtain the categories of personal information from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from cookies through your use of our website, or from observations during sales interactions.
Use of Personal Information
As set out in particular in Exhibit A attached to this Privacy Notice, we may use or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to facilitate delivery. We may also save your information to facilitate new product orders or process cancellations.
- To provide, support, personalize, and develop our website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns, and monitor and improve our responses.
- To personalize your website experience and to deliver content and product and service offerings relevant to your interests through our website, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our website, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our customers is among the assets transferred.
- To personalize delivery of content product and service offerings relevant to instructors and others who influence institutional product selection.
- In the context of your role as a job applicant, an employee, or a consultant.
- To administer any benefits related to your employment or other engagement with us.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
We will not collect additional categories of personal information or use the personal information we have collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose but do not sell it. We may also use the information we collect through the VHL Site to offer or furnish additional products and services, such as training opportunities and updates, and engage in advertising and marketing activities. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Disclosures of Personal Information for a Business Purpose
We disclose your personal information for performing a business purpose to the following categories of third parties:
- Service providers, including providers of peer chat and messaging services such as TokBox, Inc. and Pubnub, Inc., technical services for our digital products such as AltaVista and OneLink, customer relationship management and other database systems such as salesforce.com and Marketo, e-commerce service providers such as Magento, and web analytics services such as Google Analytics and HubSpot Analytics.
- School officials, including instructors, who we believe have a legitimate educational interest in such information.
- Data aggregators.
In the preceding twelve (12) months, we have disclosed for a business purpose only such categories of personal information as set out in Exhibit A attached to this Privacy Notice.
Sales of Personal Information
We do not sell personal information for monetary or other valuable consideration.
Your Rights and Choices
The CCPA provides you with specific rights regarding your personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request us to disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request us to delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and verify a request from you or your authorized agent, we will delete (and direct our service providers to delete) your personal information from our, and their records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, fulfill the terms of a written warranty, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal lawful uses of that information compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us using one of the following methods:
- Calling us at 1-800-922-6003 and submitting a request form as directed.
- Visiting https://vistahigherlearning.com/privacyrequest.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include providing your username for, or logging in to an existing system account, such as VHLCentral, that is maintained by you.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the date of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will provide your personal information in the manner you choose at the time of submitting the request.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
We do not sell the personal information of consumers.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We do not currently provide financial incentives.
Changes to Our Privacy Notice
We reserve the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will post the updated notice on the website and update the Privacy Notice’s effective date. Your continued use of our website and services following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about the ways in which we collect and use your information described in this Privacy Notice for California Residents, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Email: [email protected]
Vista Higher Learning, Inc.
Attn: Technical Support
500 Boylston Street, Suite 620
Boston, MA 02116
Effective Date: [January 1, 2020]
Last Updated: [January 1, 2020]