Terms of Service
These Terms of Service are effective as of: 20 August, 2020 “Effective Date”
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOU’RE CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO MEMBERS, ENROLLEES AND USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
1.1. This site [www.ilearn.today], together with any associated Portals (as defined below), are owned, operated and/or made available by iLearn SIA (hereinafter referred to as “iLearn”, “iLearn SIA”, “iLearn Portal”, “iLearn e-learning platform” “Website”, “we”, “our”, “us” or “the Company”). Any reference to “iLearn e-learning platform”, “we”, “our”, “us” or “the Company”, shall include, where applicable, our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.3. Accessing and/or use of the iLearn Website and/or any Portal after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use iLearn. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
1.4. To the extent permitted by applicable law, we may modify the Terms with prospective effect with notice to you, and any revisions to the Terms will take effect when and on the date specified in a notice posted on the page devoted to site news and/or updates on the iLearn Website. Your continued use of the Website, Portal(s) and/or the Services will be construed as your consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of your use. Your only remedy, should you not agree to these Terms, is to stop your use of this Website, Portals and/or Services.
2.1. The following terminology applies to these Terms:
2.1.1. “Activation Date” shall refer to the date on which iLearn approves a user’s application to become a Member;
2.1.2. “Enrollees” refer to clients, students, learners, or other individuals which are granted access to the content and/or resources created by the Members for consumption by Enrollees;
2.1.3. “Institutional Members” refer to schools, institutions, businesses and/or other institutions or juristic entities which join iLearn as a Member, but specifically exclude natural persons, and which will be liable for payment of any Service Fees;
2.1.4. “Individual Members” refer to teachers, trainers, individuals and/or other natural persons which join iLearn as a Member on a freemium basis, only being liable in certain instances, as stipulated by iLearn or made available on the Website and/or any Portal, for payment of any Service Fees;
2.1.5. “Members” refer to both Institutional Members and Individual Members;
2.1.6. “Party” or “Parties” refers to a Member, a user and/or iLearn, as the context requires;
2.1.7. “Portal” shall refer to a custom portal, page or website created by iLearn for and on behalf of a Member;
2.1.8. “Service Fee” refers to a monetary amount payable by Members in consideration for the Services, and which shall be quoted and agreed upon between the Member and iLearn as and when required by iLearn;
2.1.9. “Services” shall refer to the use of the Website and/or the use of our services in the creation of Portals for Members, designed for the access by Enrollees to consume the content and/or resources created by the Members, in addition to any other services which may be provided through the iLearn Website from time to time;
2.1.10. “Membership Period” shall refer to the period of (1) year as from the Activation Date of a Member’s account by iLearn, unless otherwise agreed by the Parties.
2.2. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
3. Your Agreement to these Terms
3.1. Subject to, and on the basis of your acceptance of the Terms, iLearn grants you a limited, revocable, non-transferable license to access and use the iLearn Platform in accordance with these Terms governing such use and access.
4. Description of our Services
4.1. We Learning Management System (Portal) for Members, designed for the access by Enrollees to consume the content and/or resources created by the Members.
4.2. In consideration for rendering of the Services, iLearn charges a Service Fees as set out in clause 5 below to certain of its Members.
4.3. Members agree that you shall be solely responsible for any use of your account, Portal and all transactions concluded by yourself on the Website and Portal. A Member shall not allow any third party to utilize its account for any reason whatsoever. If you allow a third party to utilize or in any way access your account, whether intentionally or negligently, iLearn shall have the right to suspend the provision of the Services or terminate these Terms without any refund or other compensation.
5. E-commerce and Service Fees
5.1. Every instructor has the opportunity to apply for the e-commerce Service;
5.2. iLearn shall ensure the publication of the instructor’s courses, Services or products in the public course category, making it available to any member of the platform;
5.3. Upon receipt of the course application, iLearn shall evaluate it and at the same time inform the Customer about the further actions to be taken or publish the course.
5.4. iLearn administers the e-commerce process for all members of the platform and, if necessary, has the right to edit, supplement or delete course, Service or product information.
5.6. Instructor is obliged to prepare the invoice or fill in and send an electronic application form to the iLearn customer service via email@example.com or dedicated form in iLearn portal, including information about the desirable amount of the money that instructor has earned by selling products or Services in the iLearn platform in the previous month or earlier.
5.8. Instructor is obligated to use iLearn e-commerce Service in good faith as the sole means of payment for the sale of the linked iLearn platform courses, Services or digital resources.
5.9. In case payment is made for a course, service or digital resource available on the iLearn platform outside the iLearn e-commerce Service, or communication is initiated for payment outside the platform by an instructor, iLearn is entitled to deduct a commission of 100% of the relevant course, Service or the sale of a digital resource and unilaterally terminate the agreement.
6.1. You agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for iLearn provision of the Services. If your failure to do so results in a delay in the provision of any Service, iLearn shall not be obliged to extend the relevant Membership Period or be liable for any loss or damages arising from such delay.
6.2. You represent, warrant, and undertake (where applicable) to iLearn that:
6.2.1. You have the full power and authority to enter into these Terms, to grant the license, and to perform your obligations hereunder;
6.2.2. You will carry on your activities on the Website and/or Portal in compliance with any applicable laws and regulations;
6.2.3. You will not use the Services to engage in any unlawful activities;
6.2.4. You have the legitimate right and authorization (including any necessary licenses) to distribute or export any and all products and/or services that you submit for publication on the Website;
6.2.5. You will not sell or otherwise derive monetary remuneration from any products or services on any Portal without the prior written consent of iLearn;
6.2.6. You will not impersonate any person or entity, or misrepresent yourself or your affiliation with any person or entity.
6.3. You will conduct all activities on the Website and/or Portal in accordance with all applicable laws and regulations and commonly accepted commercial practices and in an ethical manner.
6.4. Should iLearn receive any complaint or claim in respect of your account and/or Portal, iLearn shall have the right to suspend or terminate your account immediately.
6.5. You agree to indemnify iLearn and its affiliates and their employees, agents and representatives- and to hold them harmless- from any and all losses, damages, actions, claims and liabilities (including legal costs), whether in contract, delict or otherwise, which may arise, directly or indirectly, from use of the Website and/or any Portal. Unless in the violation of the client’s intellectual property and copyright.
7. Member Content
7.2. iLearn shall have the right, but shall not be obliged, to monitor or examine any Content Submissions that you publish or submit for publication on the Website or any Portal.
7.3. Further, iLearn does not guarantee the subsequent ability to edit or delete any Content Submission.
7.4. In submitting any Content Submission, Members and Enrollees make the following representations and warranties:
7.4.1. If required by law, all rights in and to such Content Submissions (including, without limitation, all rights to the reproduction and display of such Content Submissions) are obtained by such user or, alternatively, all necessary rights in and to such Content Submissions as described in these Terms have been obtained;
7.4.2. If required by law, all necessary license fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Content Submissions have been paid prior to submission to the Website.
7.4.3. Content Submissions do not infringe the copyrights, trademarks, patents, trade secrets, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
7.4.4. Content Submissions do not violate any law including, but not limited to, those governing export control, consumer protection, unfair competition, or false advertising;
7.4.5. Content Submissions are not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
7.4.6. Members have not and will not be compensated or granted any consideration by any third party for submitting a Content Submission;
7.4.7. Content Submissions do not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
7.4.8. Content Submissions are true, lawful and accurate, and are not false, misleading or deceptive;
7.4.9. Content Submissions do not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
7.5. Should iLearn, in its reasonable opinion, believe that any of your activities on the site, including but not limited to Content Submissions, are in violation of any applicable law or regulation, or affect any third party’s rights, or fall foul of the provisions set out in these Terms, then iLearn may, at its discretion, delete or remove any material, Content Submission, and/or limit or suspend the provision of the Services to you.
8. Refund Policy
Valid from: 24/06/2020.
Please read our refund policy before placing orders.
This policy applies to all content on the site available at www.ilearn.today and www.lms.ilearn.lv, as well as in the subdomains of this site, and is effective from the effective date specified above.
We reserve the right to make changes and changes when we deem it necessary. We will notify all users of any changes or modifications to this policy.
8.1. The consumer may not request the refund for purchased digital content the supply of which has begun if the supply of the digital content. The consumer may request the refund of the digital content if such a request is submitted to iLearn SIA within 14 days of the date of the purchase and meet at least one of the following requirements:
Digital content has not been delivered
Digital content does not match instructor’s description.
8.2. With the refund request, iLearn members can claim one of two types of compensation:
100% of the amount of payment made to purchase a specific service / content.
Enrollment for another course / content offered at the same or equivalent price.
8.3. We will not accept any refund request outside the time period specified in clause 8.1.
Please complete and attach this refund form when contacting us about your refund request.
9.1 iLearn makes no express, implied or statutory representations, warranties, or guarantees in connection with this website, the portals, the services, any other members or enrollees, including but not limited to partners, third parties, or any materials on the website or any portal relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website or such portal.
9.2 Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website and each portal, materials, and any information or material contained or presented on this website and/or each portal is provided to you on an “as is,” “as available” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using this website.
9.3 We make no warranty as to the results that may be obtained from the use of this Website or a Portal or as to the accuracy or reliability of any information obtained through this Website or a Portal. No advice or information, whether oral or written, obtained by a user through this Website, a Portal, or from iLearn or its third party service providers shall create any warranty enforceable as against iLearn.
10. Unauthorized Use Of This Website or a Portal
10.1. You are specifically not permitted to use this Website or a Portal in any of the following ways (which list should not be deemed to be exhaustive of iLearn’s rights in this regard):
10.1.1. To stalk, harass, or harm another individual;
10.1.2. To impersonate any person or entity or otherwise misrepresent the true state of affairs;
10.1.3. To interfere with or disrupt this Website, a Portal or servers or networks connected to this Website or any Portal ;
10.1.4. To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
10.1.5. Attempt to gain access to any portion of this Website or a Portal, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to this Website or a Portal, whether through hacking, password mining, or any other means.
11.1. iLearn and the contents of the Website (unless intellectually owned and uploaded by the user), together with the general layout of each Portal, unless licensed on an open sourced basis from a third party, are the property of iLearn and are protected by Republic of Latvia and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and layout on each Portal, is our exclusive property and is, likewise, protected by Republic of Latvia and international copyright laws.
11.2. Except as stated in the Terms, none of the contents of the Website, or layout of each Portal, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the Republic of Latvia copyright laws or without the prior written permission of iLearn or the copyright owner, and further, should such consent be provided, iLearn reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
11.3. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website or a Portal, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another’s intellectual property rights or our own.
11.4. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of iLearn and/or a Portal, so long as the link does not portray iLearn or the Members and/or Enrollees of a Portal, its affiliates, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use iLearn logo or other proprietary graphic or trademark as part of the link without the express permission of iLearn, its affiliates or content suppliers.
11.5. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content (unless intellectually owned and uploaded by the user) on the Website are the exclusive property of iLearn.
12.1. Should either Party (“Defaulting Party”) breach any of the provisions of these Terms, then the other Party (“Aggrieved Party”) may give the Defaulting Party 10 (ten) days’ written notice or such longer period of time as the Aggrieved Party may specify in the notice, to remedy the breach. If the Defaulting Party fails to comply with the notice, the Aggrieved Party may:
12.1.1. Claim immediate payment and/or performance by the Defaulting Party of all of the Defaulting Party’s obligations that are due for performance; or
12.1.2. Terminate these Terms upon written notice to the Defaulting Party where the breach constitutes a material breach, in either event without prejudice to the Aggrieved Party’s right to claim damages or to exercise any other rights that the Aggrieved Party may have under these Terms or in law.
12.2. Without detracting from the provisions of the above clause, the Aggrieved Party may summarily terminate these Terms at any time by giving to the Defaulting Party notice of the cancellation if:
12.2.1. The Defaulting Party commits a material breach of these Terms which cannot be remedied;
12.2.2. The Defaulting Party is placed under voluntary or compulsory sequestration, winding-up, judicial management, business rescue or the equivalent of any of these in any jurisdiction;
12.2.3. A judgment against the Defaulting Party in respect of which no appeal lies or in respect of which the period for lodging an appeal (excluding any period to seek condonation) has expired and remains unsatisfied for a period of at least 30 (thirty) days; or
12.2.4. The Defaulting Party makes or offers to make a general assignment or any arrangement or composition with or for the benefit of its creditors generally (or any class of its creditors) for releasing it wholly or partially from its debts.
12.3. Any termination of these Terms by the Aggrieved Party is effective on receipt of a notice of cancellation by the Defaulting Party.
12.4. Any termination is without prejudice to any claim that either Party may have in respect of any breach of these Terms by the other Party arising prior to the date of cancellation.
13.1. A Member may terminate a Member’s membership for any reason whatsoever on 30 days’ written notice to iLearn.
13.2. iLearn may terminate a Member’s membership for any reason whatsoever with at least 30 days prior notice.
13.3. In the above circumstances, no refunds of any Service Fees, or any other applicable fees, shall be permitted.
14.1. You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent.
15. Export Control Laws
15.1. You understand and agree that the software, Services and user data may be subject to import and export control laws and regulations of the Republic of Latvia or the country in which you are situated. You undertake to adhere to all applicable laws and regulations and agree not to, without prior authorization from the government of the Republic of Latvia or of such other country which is applicable, directly and/or indirectly export, re-export and/or transfer the software and Services to any other country in contravention of such laws and regulations.
16. Force Majeure
16.1. To the extent that it becomes impossible for a Party to perform any obligation (other than a payment obligation) in terms of these Terms because of an event or circumstance that was neither foreseen nor reasonably foreseeable when the Terms were entered into or which, if the event could have been foreseen at that time, cannot be guarded against or avoided by reasonable care or the reasonable acts of that Party, that Party may:
16.1.1. Notify the other Party within 5 (five) business days of the nature, extent, effect and likely duration of the event or circumstance; and keep the other Party updated as may be reasonably required by the other Party;
16.1.2. Take all commercially reasonable action to remedy or minimize the consequences (and report to the other Party); and
16.1.3. Immediately resume performance of its obligations under these Terms and notify the other Party when performance of the obligation again becomes possible.
16.2. Performance of any such obligation is suspended for as long as the event or circumstance continues to make the performance impossible.
16.3. If the event or circumstance continues for a period exceeding 20 business days, either Party may cancel these Terms on written notice to the other Party, provided that the obligation which the affected Party is unable to perform is a material obligation under these Terms.
17.1. To the extent permitted by law, these Terms, and the provision of our Services, shall be governed by and construed in accordance with law of Republic of Latvia, and any dispute arising out of these Terms and/or our Services shall be submitted to the competent Latvian courts having the requisite jurisdiction to hear the matter.
17.2. To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the appropriate Latvian court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.
17.3. These Terms comprise the whole agreement between the Parties in regard to its subject matter.
17.4. No addition to or variation or consensual cancellation of these Terms, including this clause, has effect, unless in writing and signed by the Parties.
17.5. No indulgence by a Party to another Party, or failure strictly to enforce these Terms, shall be construed as a waiver or be capable of founding an estoppel.
17.6. The Parties undertake to do everything reasonable in their power necessary for or incidental to the effectiveness and performance of these Terms.
18.1. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by iLearn to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
Manager and its contact information
1. The controller of personal data processing is SIA iLearn (hereinafter - iLearn), unified registration No. 42103109986, legal address: 140, Brivibas Street, Riga, LV-1012
2. iLearn contact information on issues related to personal data processing is: firstname.lastname@example.org. Using this contact information or by contacting iLeran actual address (structural unit): Riga, Brīvības Street 137, LV-1012, you can ask a question about personal data processing. A request for the exercise of one's rights may be made in accordance with paragraph 24.
Purpose of the document
3. Personal data is any information about an identified or identifiable natural person. Definitions, explanations and categories of personal data are provided here.
• natural persons - customers, subscribers and other users of iLearn services (including potential, former and current), as well as third parties who receive or transfer any information to iLearn in connection with the provision of services to an individual (subscriber, customer, user) including contact persons, payers, etc.);
• Visitors to iLearn offices and other facilities, including those subject to video surveillance;
• Visitors to websites and mobile applications maintained by iLearn, and callers to the phones of the iLearn Support Center (hereinafter referred to as Customers).
5. iLearn takes care of Customers 'privacy and protection of personal data, respects Customers' right to the lawfulness of personal data processing in accordance with applicable law - Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (Regulation) and the Personal Data Processing Act, as well as other applicable legislation in the field of privacy and data processing.
7. When performing specific types of data processing (for example, processing of cookies, etc.) for the purposes of its business activities, the environment, additional, specific rules may be set, of which the Customer is informed at the time he provides the relevant data to iLearn.
Purposes of personal data processing for the provision of one 's economic activity
8.iLearn processes personal data for the following purposes:
To provide services:
• customer identification;
• preparation, conclusion and proof of the conclusion of the contract;
• provision of services (fulfillment of contractual obligations);
• provision / maintenance of services;
• improvement of goods and services and development of services;
• promotion, advertising (marketing) and distribution of the service;
• customer service;
• for reviewing and processing applications and objections;
• customer retention, loyalty building, satisfaction analysis;
• settlement administration;
• creditworthiness assessment;
• debt recovery and recovery;
• maintenance and improvement of websites and mobile applications.
9. For business planning and analytics:
• statistics and business analytics;
• planning and accounting;
• measuring efficiency;
• data quality assurance;
• market and public opinion research;
• preparation of reports;
• conducting customer surveys as part of risk management activities.
For information, information systems and enterprise security.
For the provision of information to public administration institutions and subjects of operational activities in the cases and to the extent specified in external regulatory enactments.
For other specific purposes of which the Customer is informed at the time he provides the relevant data to iLearn.
Legal basis for personal data processing
10.iLearn processes the Client's personal data, ensuring the fulfillment of the following legal purposes:
• for concluding and executing the agreement - to enter into the agreement upon the Client's application and ensure its execution;
• to comply with regulatory enactments - to fulfill the obligation specified in iLearn binding external regulatory enactments;
• in accordance with the consent of the Customer - the data subject;
• legitimate interests - to realize the legitimate interests of iLearn arising from the obligations between iLearn and the Customer or from the concluded agreement or law;
• to safeguard the vital interests of the data subject or other natural person - to ensure the physical and property security of iLearn employees, Customers and visitors.
11.iLearn legitimate interests are:
• to carry out its economic activity in accordance with commercial law;
• to provide electronic learning environment (hereinafter e-learning environment) services;
• verify the Customer's identity before concluding the contract;
• verify the identity of the Client's representative (student's parent, guardian, etc.)
• to ensure the fulfillment of contractual obligations;
• to prevent unreasonable financial risks for its economic activity (incl., If necessary, to perform credit risk assessment before performing services and during the performance of the contract);
• save the Client's applications and submissions on the provision of services, other applications and submissions, notes on them, including those made in writing or orally, by calling the support phone, websites and the client's account;
• to negotiate with the Customer's record on the provision of services, maintenance, settlements in order to perform customer service quality control;
• to negotiate with the Customer in order to organize the fulfillment of the contractual obligations of the service;
• to negotiate with the Client a record during which an oral agreement is concluded to prove the fact of concluding the agreement;
• Analyze, develop and implement improvements to iLearn websites, websites and mobile applications.
• administer the Client's account on iLearn websites, websites and mobile applications;
• take actions to improve and maintain Customer communication;
• analyze the customer database to ensure service improvement;
• design and develop services;
• advertise services (marketing);
• to send other reports on the progress of the contract execution and events relevant for the execution of the contract, as well as to perform the Customer survey services and the experience of their use;
• to ensure the maintenance and development of the e-learning environment;
• maintain and develop the e-learning environment;
• monitor the operation of the e-learning environment to identify and prevent technical problems as well as illegal activities;
• prevent fraud
• provide corporate governance, financial and business accounting, and analytics;
• to ensure efficient business management administration processes;
• quality of service provision;
• to ensure and improve the quality of services;
• administer payments made and not made;
• apply to public administration and operational activities institutions and courts to protect their legal interests;
• to inform the public about its economic activity.
Processing of personal data
12. iLearn processes Customer Data using the capabilities of modern technology, taking into account existing privacy risks and the organizational, financial and technical resources reasonably available to iLearn.
13. iLearn may make automated decisions regarding the Customer. The customer is informed about such iLearn activities separately in accordance with regulatory enactments. The Client may object to automated decision-making in accordance with the law, however, being aware that in certain cases this may restrict the Client's right to use certain opportunities potentially available to him (for example, to receive commercial offers).
14. Automated decision-making that has legal consequences for the Customer (for example, approval or rejection of the Customer's application) may be performed only in the course of concluding or executing the agreement between iLearn and the Customer, based on the Customer's explicit consent or in external cases.
15. In order to ensure the quality and operative fulfillment of the obligations entered into with the Customer, iLearn may authorize its cooperation partners to perform certain service activities, such as performance of special service works, invoicing and the like. If, in carrying out these tasks, iLearn Partners process Customer's personal data held by iLearn, the relevant iLearn Partners shall be considered iLearn data processing operators (processors and custodians) and iLearn shall have the right to transfer to iLearn Partners the Customer's personal data necessary for these activities. as necessary to carry out these activities.
16. iLearn partners and iLearn (as processor and custodian of personal data) will ensure compliance with the requirements for the processing and protection of personal data in accordance with iLearn requirements and legislation, and will not use personal data for purposes other than fulfilling Customer's contractual obligations on iLearn behalf.
Categories of recipients of personal data
17. iLearn does not disclose to third parties the Customer's personal data or any information obtained during the provision of services and, during the term of the agreement, including information about the received iLearn e-learning environment or other services, except:
• in accordance with the Client's explicit and unambiguous consent;
• persons provided for in external regulatory enactments upon their justified request, in accordance with the procedures and to the extent specified in external regulatory enactments;
• in cases specified in external regulatory enactments, for the protection of iLearn legitimate interests, for example, by applying to a court or other state institutions against a person who has infringed these iLearn legitimate interests.
Access to personal data by third country entities
18. In some cases, in accordance with the requirements of regulatory enactments, iLearn personal data is accessed by developers or service providers located in third countries (ie countries outside the European Union and the European Economic Area) (transfer to third countries within the meaning of the Regulation) as a data controller (operator).
19. In such cases, iLearn shall ensure the procedures specified in regulatory enactments to ensure a level of processing and protection of personal data equivalent to that prescribed by the Regulation.
Duration of personal data storage
20.iLearn stores and processes the Client's personal data as long as at least one of the following criteria exists:
• only as long as the agreement concluded with the Client is valid (including, records of conversations in which an oral agreement / service application is concluded);
• the data are necessary for the purpose for which they were received;
• as long as iLearn or the Client can realize its legitimate interests in accordance with the procedures specified in external regulatory enactments (for example, to submit objections or bring or bring a lawsuit);
• as long as one of the parties has a legal obligation to store the data (for example, according to the Accounting Law, the company must keep the invoices issued for 5 (five) years, etc.);
• as long as the Customer's consent to the relevant personal data processing is valid, if there is no other legal basis for data processing.
• After the circumstances referred to in this paragraph cease, the Customer's personal data is deleted. Audit records are stored for at least one year from the date of their performance in accordance with the provisions of regulatory enactments.
• The Customer has not performed any actions on his / her customer's account within one year, the Customer's data is deleted.
• The Customer has not accurately registered his / her information or it does not correspond in accordance with the information provided by the Customer (for example, the Customer is a minor), the Customer's data is deleted within a week.
21. The record of the conversation with the Customer regarding the provision of services, maintenance, settlements based on iLearn legitimate interests shall be kept for 3 (three) months after the date of recording the conversation, and then it shall be deleted.
Access to personal data and other rights of the Customer
22. The Client has the right to receive the information specified in regulatory enactments in connection with the processing of his or her data. Most of the Customer's information is already placed in the Customer's account on iLearn websites and applications that the Customer uses to receive iLearn services and where the Customer can verify the accuracy of his data and, if necessary, manage it, including change it.
23. In accordance with regulatory enactments, the Customer also has the right to request iLearn access to its personal data, as well as to request iLearn to supplement, correct or delete them, or restrict processing in relation to the Customer, or the right to object to processing (including processing of personal data based on iLearn legitimate interests) as well as the right to data portability. This right shall be exercised in so far as the processing does not result from iLearn obligations under applicable laws and regulations which are in the public interest.
24. The Client may submit a request for the exercise of his / her rights:
• in writing in person at the actual address (department) of iLearn, presenting an identity document;
• in the form of electronic mail, signing with a secure electronic signature;
• by logging in to the Client's account on the iLearn portal.
• Upon receipt of the Customer's request for the exercise of its rights, iLearn verifies the Customer's identity, evaluates the request and executes it in accordance with regulatory enactments.
• iLearn reply is sent to the Customer by post to the contact address indicated by him in a registered letter or in the Customer's account on the iLearn portal, or depending on the method of receiving the reply specified by the Customer.
• iLearn ensures compliance with data processing and protection requirements in accordance with regulatory enactments and, in the event of a Customer's objection, takes the necessary steps to resolve the objection. However, if this fails, the Customer has the right to apply to the supervisory authority - the Data State Inspectorate.
Customer's consent to data processing and the right to withdraw it
25. The Customer may consent to the processing of personal data based on consent (eg analysis of service usage data, personalized advertising, etc.) by logging in to the Customer's account iLearn, iLearn service application forms, iLearn service portals / applications, iLearn and other Internet pages (such as newsletter subscription forms) by calling the iLearn information support line.
26. The Customer has the right to revoke the consent for data processing at any time in the same way as it was given, ie by logging in to the Customer's iLearn account, calling the iLearn information support phone, sending an e-mail to email@example.com and in that case further data processing based on the prior consent for the specific purpose will no longer be carried out.
27. Withdrawal of consent does not affect data processing performed at the time when the Customer's consent was valid.
28. Withdrawal of consent may not suspend the processing of data carried out in accordance with other legal purposes.
Communication with the Client
29. iLearn communicates with the Client using the contact information provided by the Client (telephone number, e-mail address, postal address, iLearn Client's account as well as using the application notifications (notifications)).
30. Communication on the fulfillment of service contractual obligations is performed by iLearn on the basis of the concluded contract (for example, coordination of service delivery or repair times, information on invoices, planned works, communication interruptions, changes in services, etc.).
31. Communication on commercial communications for iLearn and / or third party services and other communications not directly related to the provision of the agreed services (eg customer surveys) shall be performed by iLearn in accordance with external regulatory enactments or in accordance with the Customer's consent.
32. Communication, including commercial communications (marketing), can also be done by iLearn using automated calling machines.
33. The Customer may consent to the receipt of commercial communications by iLearn and / or its partners by logging in to the Customer's account on iLearn, iLearn service application forms, iLearn service portals / applications, iLearn and other websites (eg newsletter sign-up forms).
34. The consent given by the Client to receive commercial communications is valid until its revocation (also after the termination of the service agreement). The customer may at any time opt out of further commercial communications in one of the following ways:
• by making an appropriate note in your Client's iLearn account;
• by sending an e-mail to firstname.lastname@example.org;
• changing the settings for receiving notifications to devices;
• by using the automated option provided in the commercial communication to opt out of receiving further notifications by clicking on the opt-out link at the end of the relevant commercial communication (e-mail).
35. iLearn stops sending commercial communications as soon as the Customer's request is processed. The processing of the request depends on the technological possibilities, which can be up to seven days.
36. By expressing his / her opinion in the surveys and leaving his / her contact information (e-mail, telephone), the Customer agrees that iLearn may contact him / her in connection with the Customer's assessment using the contact information provided by the Customer.
Website visits and cookie handling
40. The examination video created by the iLearn Client has the right to retain 14 days from the moment of the examination, at the same time determining the 14-day term for contesting the examination, unless otherwise specified, which will be notified to the Client.
iLearn Cookies Policy
A cookie is a small text file that is sent to your computer or mobile device when you visit a website. Cookies act as a memory for a specific website, allowing the website to remember your computer the next time you visit, including the settings you specify. Cookies are not used to personally identify you.
Types of cookies
There are two types of cookies - session or fixed cookies and persistent cookies. Cookies are also classified as first-party or third-party cookies. The following explains the above concepts so that you can better understand the nature of cookies and why we use them.
Sessions, or definitely necessary cookies
Sessions, or definitely cookies, allow you to recognize the browser and your device, the Internet Protocol (IP) address assigned to your device when you visit a particular website, to remember any changes or choices on that website so that they can be used in other sections of the website. Session cookies are non-persistent - they expire when you close the browser in which you viewed the homepage or end the session on that homepage.
Persistent cookies are cookies that are stored on your device with which you view the website for a specific predefined period of time, in which the time is counted after the end of the website browsing session. Stored cookies allow you to use the user's choices or actions on the website every time you visit this website.
First-party cookies are cookies created by our website. They can be identified by the domain name of our website.
Third party cookies
Third-party cookies are cookies from websites that do not belong to us. The domain names of such websites are different from the domain of our website. Third-party cookies may also be stored on your device from which you browse our website.
• Required cookies - helps to make the website usable, provide basic functions such as page navigation and access to secure places on the website. Such cookies are usually set only in response to user actions that constitute a service request, such as setting privacy settings or logging in.
• Functional cookies - these cookies allow to provide enhanced functionality and customer personalization. The use of these types of cookies is determined by the website administrator and third party service providers whose services are added to the website. If the user disables these cookies, some or all of these services may not work properly.
• Marketing cookies - are used to track visitors to websites and analyze the user's interests and, by creating a digital profile of the user's interests, in order to offer advertisements about goods or services that are more relevant to the user's interests. These types of cookies do not store the user's direct personal information, but are based on the unique identification of the user's browser and Internet device.
• A third-party cookie google.com records a unique ID that identifies the return of a user's device. The ID is used for targeted ads. Shelf life - 6 months HTTPS certificate.
• You can change the cookie settings at any time in the Internet browser of your device. For example, you can revoke your consent to the storage of cookies by checking the function in your browser that allows you to reject all proposals for the storage of cookies. You can find these settings in the "Options" or "Preferences" menus of your Internet browser.
Contact information of the personal data protection specialist: address: Rīga Brīvības iela 137., LV-1012, phone: +371 29000300, e-mail: email@example.com, Rihards Lakstīgals.