goFLUENT Privacy Policy

Revision February 1, 2018

Protecting the individual’s privacy on the Internet is crucial to the future of Internet-based business and the move toward a true Internet economy. We have created this Privacy Statement to demonstrate our firm commitment to the individual`s right to data protection and privacy. This Privacy Statement outlines how we handle information that can be used to directly or indirectly identify an individual (“Personal Data”).

 

A. General Information

When does this Privacy Statement apply?

This Privacy Statement applies to Personal Data that you provide to goFLUENT or which is derived from the Personal Data as outlined below.

Data Controller.

The data controller of www.gofluent.com is goFLUENT Group SA., Rote de Pré-Bois 20, 1215 Geneva, Switzerland (“goFLUENT”). Where a registration form is presented on this website, the data controller may vary depending on the actual offering or the purpose of the data collection but it is in any case displayed on the individual registration form’s privacy statement. The goFLUENT Group’s data protection officer is Christophe Ferrandou (privacy@gofluent.com).

What does goFLUENT do with my Personal Data?

goFLUENT will process the Personal Data provided hereunder only as set out in this Privacy Statement. Further information can be found in Sections B. and C. below. Where the processing of your Personal Data is based on a statutory permission, you can find information on which Personal Data goFLUENT is processing or using for which purposes in Section B below. Where consent for the processing of your Personal Data is required you can find further information in Section C. below. This information matches with the respective consent statements pertaining to individual processing operations in the Consent Resource Center.

Duration of processing of Personal Data.

Where goFLUENT is processing and using your Personal Data as permitted by law (see B. below) or under your consent (see C. below), goFLUENT will store your Personal Data (i) only for as long as is required to fulfil the purposes set out below or (ii) until you object to goFLUENT’s use of your Personal Data (where goFLUENT has a legitimate interest in using your Personal Data), or (iii) until you withdraw your consent (where you consented to goFLUENT using your Personal Data). However, where goFLUENT is required by mandatory law to retain your Personal Data longer or where your Personal Data is required for goFLUENT to assert or defend against legal claims, goFLUENT will retain your Personal Data until the end of the relevant retention period or until the claims in question have been settled.

Why am I required to provide Personal Data?

As a general principle, your granting of any consent and your provision of any Personal Data hereunder is entirely voluntary; there are generally no detrimental effects on you if you choose not to consent or to provide Personal Data. However, there are circumstances in which goFLUENT cannot take action without certain Personal Data, for example because this Personal Data is required to provide you with access to our eLearning solution, process your orders. In these cases, it will unfortunately not be possible for goFLUENT to provide you with what you request without the relevant Personal Data.

Where will my Personal Data be processed?

goFLUENT’s servers that are processing Personal Data are located in the European Economic Area (the “EEA”).

As part of a global group of companies, goFLUENT has affiliates within as well as outside of the European Economic Area (the “EEA”). As a consequence, whenever goFLUENT is using or otherwise processing your Personal Data for the purposes set out in this Privacy Statement, goFLUENT may transfer your Personal Data to countries outside of the EEA including to such countries in which a statutory level of data protection applies that is not comparable to the level of data protection within the EEA. Whenever such transfer occurs, it is based on the Standard Contractual Clauses (according to EU Commission Decision 87/2010/EC or any future replacement) in order to contractually provide that your Personal Data is subject to a level of data protection that applies within the EEA. You may obtain a redacted copy (from which commercial information and information that is not relevant has been removed) of such Standard Contractual Clauses by sending a request to privacy@gofluent.com.

Data subjects’ rights.

You can request from goFLUENT at any time information about which Personal Data goFLUENT processes about you and the correction or deletion of such Personal Data. Please note, however, that goFLUENT can delete your Personal Data only if there is no statutory obligation or prevailing right of goFLUENT to retain it. Kindly note that if you request that goFLUENT delete your Personal Data, you will not be able to continue to use any goFLUENT service that requires goFLUENT’s use of your Personal Data.

If goFLUENT uses your Personal Data based on your consent or to perform a contract with you, you may further request from goFLUENT a copy of the Personal Data that you have provided to goFLUENT. In this case, please contact the email address below and specify the information or processing activities to which your request relates, the format in which you would like this information, and whether the Personal Data is to be sent to you or another recipient. goFLUENT will carefully consider your request and discuss with you how it can best fulfill it.

Furthermore, you can request from goFLUENT that goFLUENT restricts your Personal Data from any further processing in any of the following events: (i) you state that the Personal Data goFLUENT has about you is incorrect, (but only for as long as goFLUENT requires to check the accuracy of the relevant Personal Data), (ii) there is no legal basis for goFLUENT processing your Personal Data and you demand that goFLUENT restricts your Personal Data from further processing, (iii) goFLUENT no longer requires your Personal Data but you claim that you require goFLUENT to retain such data in order to claim or exercise legal rights or to defend against third party claims or (iv) in case you object to the processing of your Personal Data by goFLUENT (based on goFLUENT’s legitimate interest as further set out in B. below) for as long as it is required to review as to whether goFLUENT has a prevailing interest or legal obligation in processing your Personal Data.

Please direct any such request to privacy@gofluent.com.

Right to lodge a complaint.

If you believe that goFLUENT is not processing your Personal Data in accordance with the requirements set out herein or applicable EEA data protection laws, you can at any time lodge a complaint with the data protection authority of the EEA country in which you live or with the data protection authority of the country or state in which goFLUENT has its registered seat.

Use of this website by children.

This website is not intended for anyone under the age of 16 years. If you are younger than 16, you may not register with or use this website.

Links to other websites.

This website may contain links to foreign (meaning non-goFLUENT Group companies) websites. goFLUENT is not responsible for the privacy practices or the content of websites outside the goFLUENT Group of companies. Therefore, we recommend that you carefully read the privacy statements of such foreign sites.

B.  Where goFLUENT uses My Personal Data based on the Law

In the following cases, goFLUENT is permitted to process your Personal Data under the applicable data protection law.

Providing the requested services.

If you order services from goFLUENT, goFLUENT will use the Personal Data that you enter into the order or registration form (usually (a subset of) your name, (email) address, telephone number, company name and address, your job title and role only to process your order or to provide the requested service, such as access to our eLearning solution. This may include taking the necessary steps prior to entering into the contract, responding to your related inquiries, and providing you with billing information and to process or provide customer feedback and support. This may also include conversation data that you may trigger via the goFLUENT web presences, contact forms, emails, or telephone. In this Privacy Statement, “services” includes (access to) goFLUENT’s eLearning, web services, offerings, other content, non-marketing related newsletters, whitepapers, tutorials, trainings and events.

If you use the goFLUENT eLearning solution, goFLUENT will also track your learning progress in order to make this information available to you. Furthermore, we communicate on a regular basis by email with users who subscribe to our services, and we may also communicate by phone to resolve customer requests. We may use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to our services, and to send notices and other disclosures as required by law. Generally, users cannot opt out of these communications, which are not marketing-related but merely required for the relevant business relationship. With regard to marketing-related types of communication (i.e. emails and phone calls), goFLUENT will (i) where legally required only provide you with such information after you have opted in and (ii) provide you the opportunity to opt out if you do not want to receive further marketing-related types of communication from us.

Ensuring compliance.

goFLUENT and its products, technologies, and services are subject to the export laws of various countries including, without limitation, those of the European Union and its member states, and of the United States of America. You acknowledge that, pursuant to the applicable export laws, trade sanctions, and embargoes issued by these countries, goFLUENT is required to take measures to prevent entities, organizations, and parties listed on government-issued sanctioned-party lists from accessing certain products, technologies, and services through goFLUENT’s websites or other delivery channels controlled by goFLUENT. This may include (i) automated checks of any user registration data as set out herein and other information a user provides about his or her identity against applicable sanctioned-party lists; (ii) regular repetition of such checks whenever a sanctioned-party list is updated or when a user updates his or her information; (iii) blocking of access to goFLUENT’s services and systems in case of a potential match; and (iv) contacting a user to confirm his or her identity in case of a potential match.

Furthermore, you acknowledge that any information required to track your choices regarding the processing or use of your Personal Data or receipt of marketing materials (that is to say, depending on the country in which the relevant goFLUENT Group company operates, whether you have expressly consented to or opted out of receiving marketing materials) may be stored and exchanged between members of the goFLUENT Group as required to ensure compliance.

goFLUENT’s legitimate interest.

Each of the use cases below constitutes a legitimate interest of goFLUENT to process or use your Personal Data. If you do not agree with this approach, you may object against goFLUENT’s processing or use of your Personal Data as set out below.

Questionnaires and surveys. goFLUENT may invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed in a way that they can be answered without any Personal Data. If you nonetheless enter Personal Data in a questionnaire or survey, goFLUENT may use such Personal Data to improve its products and services.

Creation of anonymized data sets. goFLUENT may anonymize Personal Data provided under this Privacy Statement to create anonymized data sets, which will then be used to improve its and its affiliates’ products and services.

Recording of calls and chats for quality improvement purposes. In case of telephone calls or chat sessions, goFLUENT may record such calls (after informing you accordingly during that call and before the recording starts) or chat sessions in order to improve the quality of goFLUENT’s services.

In order to keep you up-to-date/request feedback. Within an existing business relationship between you and goFLUENT, goFLUENT may inform you, where permitted in accordance with local laws, about its products or services (including webinars, seminars or events) which are similar or relate to such products and services you have already purchased or used from goFLUENT. Furthermore, where you have attended a webinar, seminar or event of goFLUENT or purchased products or services from goFLUENT, goFLUENT may contact you for feedback regarding the improvement of the relevant webinar, seminar, event, product or service.

Right to object. You may object to goFLUENT using Personal Data for the above purposes at any time by email at privacy@gofluent.com. If you do so, goFLUENT will cease using your Personal Data for the above purposes (that is to say, under a legitimate interest set out above) and remove it from its systems unless goFLUENT is permitted to use such Personal Data for another purpose set out in this Privacy Statement or goFLUENT determines and demonstrates a compelling legitimate interest to continue processing your Personal Data.

C. Where goFLUENT uses My Personal Data based on My Consent

In the following cases goFLUENT will only use your Personal Data as further detailed below after you have granted your prior consent into the relevant processing operations.

News about goFLUENT’s Products and Services.

Subject to a respective provision and your consent, goFLUENT may use your name, email and postal address, telephone number, job title and basic information about your employer (name, address, and industry) as well as an interaction profile based on prior interactions with goFLUENT (prior purchases, participation in webinars, seminars, or events or the use of (web) services) in order to keep you up to date on the latest product announcements, software updates, software upgrades, special offers, and other information about goFLUENT’s software and services (including marketing-related newsletters) as well as events of goFLUENT.

Creating user profiles.

In the process of using its eLearning solution goFLUENT offers you the option to display personal information about you to other users and goFLUENT employees (Learning Consultants and Trainers), including but not limited to your name, photo, personal interests, skills. Kindly note that without your consent for goFLUENT to create such user profiles goFLUENT will not be in a position to offer such services to you where your consent is a statutory requirement that goFLUENT can provide these services to you.

Within any web offering, beyond the mere provision of access your profile is used to personalize interaction with other users (for example, by way of messaging or follow functionality) and by goFLUENT to foster the quality of communication and collaboration through such offerings and for goFLUENT to provide gamification elements (gamification is the process of taking something that already exists, such as a website, an enterprise application, or an online community, and integrating game mechanics into it to motivate participation, engagement, and loyalty). To the greatest extent supported by the relevant web offering, you can use the functionality of the relevant web offering to determine which information you want to share.

Special categories of Personal Data.

In connection with the registration for and provision of access to an event or seminar, goFLUENT may ask for information about your health for the purpose of identifying and being considerate of individuals who have disabilities or special dietary requirements throughout the event. Any such use of information is based on the consent you grant hereunder.

Kindly note that if you do not provide any such information about disabilities or special dietary requirements, goFLUENT will not be able to take any respective precautions.

Event profiling.

If you register for an event, seminar, or webinar of goFLUENT, goFLUENT may share basic participant information (your name, company, and email address) with other participants of the same event, seminar, or webinar for the purpose of communication and the exchange of ideas.

Forwarding your Personal Data to other goFLUENT companies.

goFLUENT may transfer your Personal Data to other entities in the goFLUENT Group. In such cases, these entities will then use the Personal Data for the same purposes and under the same conditions as outlined in this Section C. above.

Revocation of a consent granted hereunder.

You may at any time withdraw a consent granted hereunder by sending an email to privacy@gofluent.com. In case of withdrawal, goFLUENT will not process Personal Data subject to this consent any longer unless legally required to do so. In case goFLUENT is required to retain your Personal Data for legal reasons your Personal Data will be restricted from further processing and only retained for the term required by law. However, any withdrawal has no effect on past processing of personal data by goFLUENT up to the point in time of your withdrawal. Furthermore, if your use of a goFLUENT offering requires your prior consent, goFLUENT will not be (any longer) able to provide the relevant service, offer or event to you after your revocation.

D.  U.S.-Specific Provisions

Where goFLUENT is subject to U.S. privacy requirements, the following also applies:

Do Not Track.

Your browser may allow you to set a “Do not track” preference. Unless otherwise stated, our sites do not honor “Do not track” requests. However, you may elect not to accept cookies by changing the designated settings on your web browser or, where available, by way of the TrustArc Consent Manager if the relevant website contains a link to it. Cookies are small text files placed on your computer while visiting certain sites on the Internet used to identify your computer. Please note that if you do not accept cookies, you may not be able to use certain functions and features of our site. This site does not allow third parties to gather information about you over time and across sites.

Requirements to Protect Children’s Privacy.

We do not intend for our websites or online services to be used by anyone under the age of 13. If you are a parent or guardian and believe we may have collected information about a child, please contact at privacy@gofluent.com.

Revised and posted as of February 1, 2018