UX PLUS, INC. UX DESIGN COURSE
Privacy Notice, Waivers and Consents
Last updated Oct. 1, 2021.
INTRODUCTION
The Convention for the protection of individuals with regard to the processing of personal data, otherwise known as “Convention 108+”, as well as the generally accepted best practices in data privacy and protection aims to protect every individual, whatever his or her nationality or residence, with regard to the processing of their personal data, thereby contributing to respect his or her human rights and fundamental freedoms, and in particular the right to privacy. Hence, UX Plus, Inc. hereby adopts this Privacy Notice in compliance with Convention 108+. This notice will discuss in detail how UX Plus, Inc. (“UX Plus, Inc”, “we”, “us”) handles data from our students from data collection, to sharing, and down to destruction.
PRIVACY STATEMENT
The data privacy rights of our students (“data subjects”, “you”) are of utmost importance to UX Plus, Inc. Through strict implementation of this Privacy Notice and our Privacy Manual, we are duty bound to take care of all the data we collect and to comply with the rules and regulations of Convention 108+. We operate within the guiding privacy principles of transparency, legitimate purpose, and proportionality.
DEFINITIONS
For purposes of this Agreement and as defined under Convention 108+:
- “Personal data” means any information relating to an identified or unidentifiable individual (“data subject”).
- “Data processing” means any operation or set of operations performed on personal data, such as the collection, storage, preservation, alteration, retrieval, disclosure, making available, erasure, or destruction of, or the carrying out of logical and/or arithmetical operations on such data.
- Where automated processing is not used, “data processing” means an operation or set of operations performed upon personal data within a structured set of such data which are accessible or retrievable according to specific criteria.
- “Controller” means the natural or legal person, public authority, service, agency or any other body which, alone or jointly with others, has decision-making power with respect to data processing.
PERSONAL INFORMATION CONTROLLER
UX Plus, Inc. is the personal information controller of any personal data that you have, which means that it determines the purposes for which your personal data is being collected and processed. It also be that with your consent, your personal data is disclosed to third parties pursuant to a data sharing agreement, in which case, such third parties are also the personal information controllers of your personal information.
PROCESSING OF PERSONAL DATA
The following end to end processes are involved in UX Plus, Inc.’s operations, which are relevant to personal and non-personal data collected from you.
- COLLECTION OF INCOME SHARE. UX Plus, Inc. collects information from its students through their monthly payment of sixteen percent (16%) of their income. These information are collected in the following means:
Through personal data sheets, proof of income, and similar documents: We collect basic personal information of students income through personal data sheets filled out and submitted during the time the student engages with us. These collected information include, but is not limited to the following:
• Full Name
• Home Address
• Email Address
• Contact Number
• Employer Details
• Financial information in documentary proof of monthly income
- USE OF COLLECTED PERSONAL INFORMATION. Please note that we will not use your personal information for purposes related to marketing and advertising of any third party app or services. We use the personal information collected for various purposes. These include:
• Documentation purposes;
• For purposes related to fee collection;
• For purposes related to assistance in referral of career and job opportunities;
• For UX Plus, Inc. to establish, execute, and defend legal claims;
• To enable UX Plus, Inc. to offer or improve their respective services or products;
• To disclose to organizations and service providers who need to know the information in order to process it on behalf of UX Plus, Inc. and/or to help UX Plus, Inc. provide its Services, to the extent needed to perform their duties and their functions, provided that the third party signed an agreement not to disclose it to others;
• To comply with Government authorities, in response to legal requests (like a search warrant, court order, or subpoena) if UX Plus, Inc. has a good faith belief that it is required to do so under the law;
• To transfer to Purchases or potential purchases of UX Plus, Inc.’s right and obligations to the services it provides. In this case, all information collected are deemed assets that may be transferred to such third parties.
• When UX Plus, Inc. deems, in its sole discretion, that disclosure is reasonably necessary for prevention of illegal activity, to enforce our Terms of Service, to protect the property rights of the company or the general public, or to prevent financial harm or loss.
• When required by United States of America laws or any other relevant authority and or jurisdiction.
- STORAGE, RETENTION, AND DESTRUCTION
• Storage. The company will see to it that all information collected in relation to our students payments both in physical and electronic format shall be stored in organization and safe storage facilities, either physical or electronic, depending on the type of data. To prevent unlawful or accidental modification, destruction, and access, we have set up and will continue to ensure implementation of strict security measures.
• Retention. All data gathered shall not be retained for periods longer than necessary. Personal information relating to our students’ payments will not be retained longer than eighteen (18) months after the expiration of the Income Share Agreement or a period of five (5) years after the completion of the course program, unless otherwise necessary for collection of unpaid dues and processing of relevant documentation.
• Destruction. After the given retention periods, all data collected, whether in physical or electronic form, shall be destroyed and disposed of, through safeguarded processes.
- ACCESS.
All information which the company collects cannot be accessed without proper authorization. Listed below are the entities allowed to access data and the purpose of access:
• Access by Owner of the Information. The data subject who is the owner of the personal or sensitive personal information can access his/her information upon request from the management team of UX Plus, Inc. or directly when making modifications and updates, for any purpose, except for reasons contrary to the law, morals, public policy, or public order.
• Access by Authorized Personnel. Authorized personnel or representatives of UX Plus, Inc. are given access to personal information by the company. Information can be accessed by authorized personnel for the purposes listed in this manual, or for any purpose, except for reasons contrary to law, morals, public policy, or public order.
- DISCLOSURE, SHARING, AND TRANSFER OF PERSONAL INFORMATION
1. UX Plus, Inc. may share, preserve, transfer, and disclose the personal information we collect only:
1A. To authorized personnel within the company:
• To enable UX Plus, Inc. to offer or improve their respective services or products.
• To organizations and service providers who need to know the information in order to process it on behalf of UX Plus, Inc. and/or to help us collect fees or provide our Services, to the extent needed to perform their duties and their functions, provided that they previously agreed not to disclose it to others.
• To Purchasers or potential purchasers of our rights and obligations relating to the services we provide. In this case all information collected or deemed assets that may be transferred to such third parties.
1B. For UX Plus, Inc. to establish and defend legal claims.
1C. When UX Plus, Inc. deems, in its sole discretion, that disclosure is reasonably necessary for prevention of illegal activity to enforce our Terms of Service to protect the property rights of the company or of the general public or to prevent financial harm or loss.
1D. To Government authorities, in response to a legal request like a search warrant, court order of subpoena if we have a good faith that we are required to do so under the law.
1E. When required by United States of America laws.
2. The personal information UX Plus, Inc. collects through our Service may further be transferred or transmitted to, stored and processed in other countries where our subsidiaries’ facilities, employees, contractors, or other affiliated organizations are located. While these countries may not have the same privacy policy as the United States of America, UX Plus, Inc. shall use contractual or other reasonable means to provide a comparable level of protection while the information is being processed in those countries. The written agreements to be executed shall specify the rights and obligations of each party and will provide that the third party has adequate security measures in place and will only process your personal information on the specific written instructions of UX Plus, Inc.
- COLLECTION OF NON-PERSONAL INFORMATION
What is collected? When you visit our site to use our Service, some non-personal information is automatically collected. These data may include:
• Your PC’s IP address
• The type of browsers you use;
• The websites you linked to our site;
• The computer language you use;
• Your PC’s operating system;
• Your access time;
• Information on your activity on our site; and
• The data from your projects.
- USE OF NON-PERSONAL INFORMATION. Please note that you cannot be identified from these information and these may only assist us in providing you with a more effective and seamless user experience. This information may be used for website analytics and other evaluations of site performance or of user activities to help us improve our service. Moreover, data from your projects may be collected and analyzed to help us in product evaluation and in conceptualizing features and innovations that aim to further help our users.
- USE OF COOKIES. Cookies are small pieces of information stored on your computer by your browser. This identifies your device and helps you navigate through a website. They cannot collect personal information from you or your computer. We may use cookies to understand better how our users navigate through and interact with the content of our website. But you may opt to block cookies by checking and changing your browser settings.
- PROTECTION OF YOUR DATA AND SITE SECURITY.
A. Although UX Plus, Inc. employs several organizational, technical, and physical security measures to protect your data and personal information from unauthorized access, loss, misuse, modification, destruction and disclosure, you agree and understand that no security measures are 100% impenetrable. We will however conduct regular assessments of our security measures.
B. We have no control, however, over any information you provide to third-party websites. When you click on these links, you effectively leave our website and our Service.
C. To ensure your protection, we encourage you to read their privacy policies. We also have no control over third-party advertising companies that serve ads when you access or use our Service. They may use your information about your visits to our website and other websites in order to provide advertisements about goods and services that may be of interest to you. While we will not provide them your personal information, we do not control their collection of information.
- UPDATING OF PERSONAL INFORMATION
Although we take reasonable steps to ensure that all data we use is accurate, we depend on our users to update or correct their personal data when necessary. You may update your personal information by sending us an email at support@uxpl.us or by contacting the UX Plus, Inc. team directly. Through updating, you may change any inaccuracies you may find or delete personal information you do not wish to disclose. Upon such an update, we shall notify third parties who have previously received or processed such information.
CHANGES TO THIS PRIVACY POLICY
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Notice. These changes are effective immediately after they are posted.
YOUR RIGHTS
In relation to your personal information, you are entitled to the following rights as a data subject under Article 9 of Convention 108+, which you may exercise at your discretion.
- Not to be subject to a decision significantly affecting you based solely on an automated processing of data without having his or her views taken into consideration [Note: This provision shall not apply if the decision is authorized by a law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights, freedoms and legitimate interests];
- To obtain, on request, at reasonable intervals and without excessive delay or expense, confirmation of the processing of personal data relating to you, the communication in an intelligible form of the data processed, all available information on their origin, on the preservation period as well as any other information that the controller is required to provide in order to ensure the transparency of processing in accordance with Article 8, paragraph 1 of the Convention;
- To obtain, on request, knowledge of the reasoning underlying data processing where the results of such processing are applied to you;
- To object at any time, on grounds relating to your situation, to the processing of personal data concerning you, unless the controller demonstrates legitimate grounds for the processing which override your interests or rights and fundamental freedoms;
- To obtain, on request, free of charge and without excessive delay, rectification or erasure, as the case may be, of such data if these are being, or have been, processed contrary to the provisions of the Convention;
- To have a remedy under Article 12 where your rights under the Convention have been violated; and
- To benefit, whatever his or her nationality or residence, from the assistance of a supervisory authority within the meaning of Article 15 of the Convention, in exercising your rights.
CONTACT US
To send an inquiry or file a complaint regarding the use of your personal information or regarding this privacy policy, you may send an email to our Chief Executive Officer, Christian San Jose, at csj@uxpl.us. Inquiries will be addressed within 1-5 business days and complaints will be addressed within 3-10 business days upon receipt.
UX Plus, Inc.
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Article 8. Transparency of processing. 1. Each Party shall provide that the controller informs the data subjects of: (a) his or her identity and habitual residence or establishment; (b) the legal basis and the purposes of the intended processing; (c) the categories of personal data processed; (d) the recipients or categories of recipients of the personal data, if any; and (e) the means of exercising the rights set out in Article 9, as well as any necessary additional information in order to ensure fair and transparent processing of the personal data.
Article 12. Sanctions and Remedies - Each Party undertakes to establish appropriate judicial and non-judicial sanctions and remedies for violations of the provisions of this Convention.
