PRIVACY POLICY

(Last modified April 7, 2016)


Introduction, Acceptance, Parties, and Modifications

Welcome to the Makeful E-Learning website located at http://learn.bemakeful.com (the “Website”) which includes all subdomains and sub-pages present and future. We hope you enjoy your visit and / or use of the Website.

By visiting and / or using the Website you agree to be bound by the terms of the present Privacy Policy (the “Policy”). By submitting Personal Information to us or on or through the Website, you consent to Blue Ant Media’s collection, use and disclosure of such Personal Information in accordance with this Policy (as amended from time to time) and as permitted or required by law.

The Website is in and of itself a subdomain of the larger Makeful website located at http://bemakeful.com. Please note that your use of the larger Makeful website is governed by a separate Privacy Policy which you can access here. This Policy applies only to the Website.

The Website is owned and operated by Blue Ant Media Inc. (or one of its affiliates) (“Blue Ant Media”), an Ontario corporation located at 130 Merton Street, Suite 200, Toronto, Ontario, M4S 1A4. Where the present Policy refers to “Blue Ant Media”, it may refer to Blue Ant Media Inc. and / or its officers, directors, employees, agents, representatives, subsidiaries or affiliates, depending on the context. Any reference to “we”, “our”, or “us” in this Policy shall also refer to Blue Ant Media.

In this Policy, a Website visitor or user may be referred to as “you” or “your”. When a Website user has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Website user has made a purchase, they may be referred to as a “Customer”.

Blue Ant Media reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Website following the posting of any changes to the Policy constitutes acceptance of those changes. If we make any substantial changes to the Policy that materially affect the way we treat your Personal Information, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your account or by posting a prominent notice when you log in to your account for the first time following those changes.

The Policy should be read in conjunction with the Terms of Use, as both these documents govern your use of the Website.

If you have any questions about the Policy or if you wish to inquire about and / or access any Personal Information Blue Ant Media holds about you, please contact:

hello@bemakeful.com

or:

Blue Ant Media

130 Merton Street, Suite 200

Toronto, Ontario

M4S 1A4


General Statement of Privacy and Protection of Personal Information

Blue Ant Media takes your privacy and security of Personal Information very seriously. We have provided a secure environment and this strict Policy that describes the limited ways the information is used and the limited access to such information.

What Does This Privacy Policy Cover?

This Policy covers the treatment of personally-identifiable information (“Personal Information”) when you voluntarily submit this information. This Policy also covers other information gathered by Blue Ant Media when you are using or accessing the Website, and certain uses of this “Non-Personal Information” which is information that is not linked to a specific person. This Policy also covers Blue Ant Media’s treatment of any Personal Information that Blue Ant Media may share with its business partners or other third parties under very limited circumstances.

This Policy does not apply to the general practices and treatment of information (whether personal or not) by third parties that Blue Ant Media does not own or control, including but not limited to any third party websites or services that you elect to access through the Website or via a link from the Website (“Third Party Website”), or to individuals that Blue Ant Media does not manage or employ. While we attempt to facilitate access or link only to those Third Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Websites. We encourage you to carefully review the privacy policies of any Third Party Website you access. We have named and provided links to the most important of these Third Party Websites elsewhere in this Policy.

Finally, this Policy does not cover any Personal Information you send to Blue Ant Media via any non-secured mode of communications such as email, instant messenger or Twitter, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to Blue Ant Media via these methods.

No Collection of Personal Information as a Matter of Course

Blue Ant Media does not, as a matter of course, gather any of your Personal Information while you are using the Website, unless you are asked to provide such information, for example by signing up for an account or making a purchase. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose or use, as described in the next section of this Policy.

Personal Information Collected and its Uses

  • In order to make a purchase on the Website and view your Courses, you will be required to create an account by entering the following Personal Information: a valid email address, first and last name, and selecting your country location, all of which is referred to in this Policy as “Account Information”. Account Information is used to manage your account, to verify your credentials for logging-in to the Website, and to communicate with you information about your account via email if necessary.
  • As a Customer, you will be required to enter the following information in order to make a purchase of a Course: credit card number, credit card expiry date, and security (CVV) number. In this Policy, this shall be referred to as “Billing Information”. Billing Information is only used to process the credit card transaction for your purchase(s), to fulfill your order, and to facilitate additional purchases in the future. For more details on the treatment of your Billing Information, please see the “Secured Payments” section further below in this Policy.

Security and Encryption of Information

Blue Ant Media uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. In addition, Blue Ant Media uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website, and these third parties have been selected for their high standards of security, both electronic and physical. For example, Blue Ant Media (through a third party, Teachable, who are partly responsible for the development of the Website) uses Amazon AWS, a recognized leader in secure data, for hosting of the Website and storage of data. Please note that these third parties may not be located in your home jurisdiction – see the “Transfer of Personal Information Outside Your Home Jurisdiction” section further in this Policy for more information.

Where you are a Customer making a purchase, all transaction data, including credit card information, is transferred by encrypted Secure Sockets Layer (“SSL”), the standard for Internet transactions. Please refer to the “Secured Payments” section further in this Policy for more about how your Billing Information is treated.

Non-disclosure of Personal Information to Third Parties and Exceptions

Except as provided in the next paragraphs and the section in this Policy on Secured Payments, Blue Ant Media does not divulge any Personal Information gathered via the Website to third parties. Moreover, Blue Ant Media does not sell, rent, trade or license any Personal Information regarding its users to third parties. Only the employees, agents, subcontractors, officers, directors, or assigns of Blue Ant Media (or of Blue Ant Media’s affiliates or subsidiaries) are responsible for the management and development of the Website, and only these individuals have access to the information collected there. These employees, agents, subcontractors, officers, directors or assigns all have been instructed to comply with the Policy and have been given the requisite training to do so.

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted: (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Terms of Use; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website infrastructure or the Website generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with Blue Ant Media (in which case we will require such entities to honour this Policy); (5) if Blue Ant Media merges with another entity, is subject to a corporate reorganisation, or sells or transfers all or part of our business, assets, or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

Blue Ant Media uses certain “Third Party Services” in order to augment the functionality of the Website. Personal information may be securely transferred from Blue Ant Media to these Third Party Services, but only to the extent required in order for them to function properly, and only upon your express submission of such information. These Third Party Services are limited to the following, for the following purposes:

  • Making comments on Course videos: Disqus. You may also sign into Disqus using valid Facebook, Google, or Twitter login credentials.
  • Display of avatars for Logged-in Users: Gravatar.
  • Social media sharing of Courses: Facebook and Twitter.

Where you choose to use these Third Party Services, and you are not already logged in on the computer or device on which you are using the Website, you will need to enter your Personal Information required to login to that account. This Personal Information is thus transferred securely (via https: protocol) to the Third Party Service.

Secured Payments

Blue Ant Media uses PayPal for processing of secured payments for purchases of Courses made on the Website. PayPal is certified as a PCI-DSS (Payment Card Industry Data Security Standard) Service Provider Level 1, the highest-volume level for credit card transaction companies. When you make a purchase on the Website using PayPal, your Personal Information is transferred to them, and you are subject to the Privacy Policy of PayPal, which we encourage you to read.

No Billing Information regarding purchases is ever seen by Blue Ant Media. No Billing Information is ever stored on servers controlled by Blue Ant Media. PayPal has our permission to store, on behalf of Blue Ant Media, the data pertaining to the executed transactions by Customers (including Billing Information) with the goal of ensuring a secure method of payment and proof of purchase archive, allowing for the protection of Customers, and for follow-up as needed. This transactional data may be used for validation and registration purposes of Customers, and to trace any fraudulent activities if necessary.

When you are a Logged-in User, you have the option of storing your Billing information to facilitate purchases in the future so it does not have to be re-entered. This information is partially displayed on your account page, but it is not stored on servers controlled by Blue Ant Media, nor does Blue Ant Media have access to that information.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

Blue Ant Media automatically collects certain information using a third-party analytics program, Google Analytics, to help us understand how our users use the Website, but none of this Non-Personal Information identifies you personally. For example, each time you visit the Website, we automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of the Website users in the aggregate. Blue Ant Media also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website and the specific pages on the Website with a view to introducing improvements.

Your IP address and other relevant information may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms of Use.

Other Non-Personal Information and its Uses

Non-Personal Information is collected or derived by us in the course of operating the Website. In addition to our practices related to IP addresses and cookies, Non-Personal Information is used generally by us to monitor and improve the operation of our services, to perform statistical analyses of the collective characteristics and behavior of our users and customers, to measure user demographics and interests regarding specific activities on the Website, to describe our services and Website to third parties such as prospective business partners and advertisers, and to analyze how and where best to use our resources. No Personal Information will be disclosed during these activities.

We may also use Non-Personal Information to inform our sponsors and advertisers as to the performance of a particular sponsorship (such as a contest) or advertisement. In any such case, we may disclose to those third party sponsors and advertisers the overall aggregate demographics available regarding, for example, who participated in a contest or who saw an advertisement. No Personal Information will be disclosed to these sponsors and advertisers as part of this process; only information in an anonymous, aggregate form will be disclosed.

Verification, Correction and Deletion of Personal Information

You have the right to (i) verify what Personal Information Blue Ant Media holds about you; (ii) ask for your Personal Information to be corrected or updated; and (iii) to withdraw your consent to the use by Blue Ant Media of your Personal Information and have it deleted from our records. If you wish to inquire about and verify and / or correct Personal Information Blue Ant Media holds about you, or if you wish to have all your Personal Information permanently deleted from our records, please contact us using the contact information further up in this Policy. Please note that deletion of your Personal Information may make it impossible for you to use the Website, or certain portions thereof.

Transfer of Personal Information Outside Your Home Jurisdiction

Website users may access the Website from any country in the world. Blue Ant Media and its third party vendors, including service providers and hosting partners, are located in Canada and the United States. You acknowledge that Blue Ant Media and our third party vendors may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home country, state, province or other governmental jurisdiction, and consent to the transfer of your Personal Information to such countries. Without limiting the generality of the foregoing, Website users in the European Union acknowledge and agree that their Personal Information may be transferred to the United States.

Tracking Technology ("Cookies")

Blue Ant Media uses tracking technology (“cookies”) on the Website and by using the Website you agree to their use. Cookies are small text files placed on your hard drive when you visit a web site, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Website uses “session cookies,” which improve your user experience by storing certain information from your current visit on your computer while you are a Logged-In User.

Specifically, we use cookies for the following functions:

  • Session cookie for the Website to identify the Logged-in User. It expires at the closing of the session;
  • Google Analytics cookie to provide general internal and user analytics and to assist in identifying possible fraudulent activities.

Your browser can be set to refuse cookies or delete them after they have been stored. Please refer to your browser’s help section for instructions. Please note that deleting these cookies may reduce your user experience on the Website by requiring you to re-enter certain information, including information required to use the Website and make purchases, such as account login information. Furthermore, deleting cookies may prevent certain functions, including the purchase process, from working at all. Blue Ant Media shall not be held responsible for any function that may not operate after you delete cookies, or any losses or damages (pecuniary or otherwise) arising from those functions not operating, or having reduced functionality.

Risks Associated with the Internet

Despite Blue Ant Media's best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Website, complete confidentiality and security cannot currently be guaranteed on the Internet. Communication via the Internet is subject to interception, loss, or alteration. You acknowledge and agree that Blue Ant Media cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information over the Internet and that such communications are at your own risk.

Compliance with Privacy Laws

This Policy and Blue Ant Media’s practices in general are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”, S.C. 2000, c. 5). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.

Compliance with Anti-Spam Laws

Blue Ant Media is committed to ensuring that we respect anti-spam legislation, specifically the Canadian law informally known as Canada’s Anti-Spam Law (“CASL”, S.C. 2010, c. 23) and the American CAN-SPAM Act of 2003. If you believe you have received emails from us in violation of this law, please contact us using the contact information further up in this Policy.

Limitation of Liability

Blue Ant Media, its affiliates and subsidiaries, or their respective officers, directors, employees, affiliates, agents, partners, principals, licensors, representatives, successors and assigns, will not be held liable for any losses or damages (pecuniary or otherwise) resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Website not in violation of the Policy.

© Blue Ant Media 2016