PRIVACY NOTICE FOR NEW HAMPSHIRE RESIDENTS

This Privacy Notice for New Hampshire Residents (this “Privacy Notice”) is intended to supplement our Privacy Policy. and applies only to New Hampshire residents. Any terms defined in the Vista Higher Learning (“VHL”) Privacy Policy have the same meaning when used in this Privacy Notice.

 

Application

Pursuant to the New Hampshire Privacy Act (“NHPA”), New Hampshire residents have the right to be informed about the data we collect about them. This Privacy Notice applies solely to natural persons who are New Hampshire residents, as defined in the NHPA. Please note that this Privacy Notice does not apply to New Hampshire residents who are acting as employees or job applicants. In addition, this Privacy Notice is intended to apply only in circumstances where VHL collects Personal Data directly from its consumers and not when it is acting as a vendor to educational institutions. Any terms defined in the NHPA have the same meaning when used in this Privacy Notice.

 

Categories of Personal Data We Collect

The NHPA defines “Personal Data” as “any information that is linked or reasonably linkable to an identified or identifiable individual.” Personal Data does not include de-identified data or publicly available data. Exhibit A, which is incorporated in this Privacy Notice, sets forth the categories of Personal Data that we may have collected, used, and disclosed for a business purpose, as permitted by law, in the last twelve (12) months, depending on the products or services you receive.

 

Sources from which We Collect Personal Data

As set out in further detail in Exhibit A, which is incorporated in this Privacy Notice, we obtain the categories of Personal Data 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.

A more detailed description of these categories of sources from which Personal Data is collected is available in our Privacy Policy.

 

Business or Commercial Purposes for which We Collect Personal Data

As set out in further detail in Exhibit A, which is incorporated in this Privacy Notice, we may use or disclose the Personal Data we collect for one or more of the following business or commercial 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 Data to respond to your inquiry. If you provide your Personal Data 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, improve, 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 comply with applicable laws, rules, or regulations in operating our business.

• 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 Data held by us about our customers is among the assets transferred.

• To personalize delivery of product and service content offerings relevant to instructors and others who influence institutional product selection.

• As described to you when collecting your Personal Data, or as otherwise set forth in the NHPA.

We will not collect additional categories of Personal Data or use the Personal Data we have collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

Disclosure of Personal Data for Our Business or Commercial Purposes

We may disclose your Personal Data to a third party for a business or commercial purpose, but we do not sell it. We may also use the Personal Data we collect through the VHL Sites 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 Data for a business or commercial purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except for purposes of performing the contract.

 

We disclose your Personal Data for performing a business purpose to the following categories of third parties:

• Service providers. You may find a list of VHL’s affiliates and third party service providers here.

• 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 or commercial purpose only such categories of Personal Data, as set forth in Exhibit A, which is incorporated in this Privacy Notice.

 

Sale of Personal Data & Processing for Targeted Advertising

Subject to certain limited exceptions, the NHPA defines the “sale of personal data” as “the exchange of personal data for monetary or other valuable consideration” by VHL to a third party.

 

We do not “sell” Personal Data for monetary or other valuable consideration, or process Personal Data for purposes of targeted advertising.

 

Consumers under 13 Years of Age

The VHL Sites are not generally intended for children under the age of 13. If you have reason to believe that we have collected Personal Data directly from someone under 13 years of age, please contact VHL at the contact information listed below.

 

Data Retention

We retain Personal Data about you necessary to fulfill the purpose for which that information was collected, consistent with applicable laws. When we destroy your Personal Data, we do so in a secure manner in compliance with applicable laws, such that the Personal Data may not be reconstructed.

 

My Rights under the NHPA

If you are a New Hampshire resident, you may exercise certain privacy rights related to the Personal Data we collect about you. You may exercise these rights free of charge, except as otherwise permitted under applicable law.

 

1.     Right to Confirm Processing of Personal Data

You have the right to request that we confirm whether we are actually processing your Personal Data and to access such Personal Data. You have the right to submit such a request, free of charge, up to once annually, except as otherwise permitted under applicable law.

 

2.     Right to Obtain Copy of Personal Data

You have the right to obtain a copy of your Personal Data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the Personal Data to another business without hindrance when the processing is carried out by automated means. You have the right to submit such a request, free of charge, once annually, except as otherwise permitted under applicable law.

 

3.     Right to Deletion of Personal Data

You have the right to request that we delete your Personal Data, subject to certain limited exceptions. For example, we may deny your request to delete Personal Data that we are required to maintain to fulfill a legal obligation.

 

4.     Right to Correct Inaccurate Personal Data

You have the right to request that we correct inaccurate Personal Data that we maintain about you.

 

5.     Right to Non-Discrimination

We will not discriminate or retaliate against you for exercising your consumer rights under the NHPA, including by (a) denying you goods or services; (b) charging (or suggesting that we will charge) different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; or (c) providing you a different level or quality of goods or services (or suggesting that we will do so). We may, however, offer a different price, rate, level, or quality of goods or services if the offering is in connection with your voluntary participation in a loyalty, rewards, premium features, discounts, or club card program. We do not currently provide financial incentives.

 

6.     Right to Appeal

If we deny your request to access, delete, or correct, you have the right to appeal such decision by submitting your request to appeal by contacting us as set forth below. Within sixty (60) days of our receipt of your appeal request, we will inform you of any action taken or not taken in response to the appeal, including an explanation of the reasons for the decisions.

 

If your appeal is denied, you have the right to submit a complaint to the New Hampshire Attorney General. To file a complaint with the New Hampshire Attorney General, please visit: https://www.doj.nh.gov/citizens/consumer-protection-antitrust-bureau/consumer-complaints.

 

How to Submit a Request

You may submit your request to access, delete, or correct Personal Data collected about you by:

• Visiting https://vistahigherlearning.com/privacyrequest; or

• Calling us at 1-800-618-7375 and submitting a request form as directed.

 

Verification of Identity and Processing of Requests

As required or permitted under applicable law, we may take steps to verify your identity before processing your request as set forth above. In order for your request to be processed, you must provide us with enough information to reasonably verify you are the person about whom we collected Personal Data or an authorized representative of that person. We will review each request carefully and respond to most requests within forty-five (45) calendar days if we are able to verify your identity based on the information you have provided; however, we may extend this time period once by an additional forty-five (45) calendar days when reasonably necessary, provided that we provide you with notice of this extension.

 

Agent Authorization

You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us as set forth in this Privacy Notice. Even if you choose to use an agent, as permitted by law, we may require you to confirm that you have authorized the agent to act on your behalf or require you to verify your own identity.

 

Questions or Concerns?

If you have any questions, you may contact us at the contact information listed below.

Phone: 1-800-618-7375 or 617-426-4910

Website: https://vhlcentral.com/privacyrequest

Email: [email protected]

Postal Address:

Vista Higher Learning, Inc.

Attn: Technical Support

500 Boylston Street, 10th Floor

Boston, MA 02116