Our Policies
Terms of Service
Privacy Policy
California Supplemental Privacy Notice
Data Processing Addendum
Acceptable Use Policy
Anti-Spam Policy
Guidelines for Information Requests
Copyright (“DMCA”) Policy
Cookie Notice
Income Claims & Earnings Disclaimer
Partner Program Agreement
Candidate Privacy Policy
Accessibility Policy
Promotional Offer Terms
Subprocessor List
Security Policy
TERMS OF SERVICE
Business University + has updated our Terms of Service and other legal policies, which are effective as of the date shown above. Please be sure you read these new Terms and Conditions and all other policies to make sure you understand all changes that may be important to you. Disputes about these Terms and the products, services, and websites provided by Business University + are subject to binding arbitration and a waiver of class action rights detailed in Section 14 below.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND Business University + AGREE THAT DISPUTES RELATING TO THIS TERMS OR YOUR USE OF OUR PRODUCTS AND PRODUCT WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Terms of Service Agreement
We want to thank you for using Business University + products, services, websites, and apps. Our customers are the most important aspect of our business and we appreciate you looking to Business University + to further your business. Business University + offers our customers a platform to create and host their digital businesses. The entire selection of products, services and tools offered on our Platform are our “Product”.
This Terms of Services Agreement (this “Agreement”) contains the terms under which Business University + provides our Product to you and describes how the Product may be accessed and used.
You must read, agree, and accept all terms and conditions contained in this Agreement and expressly referenced in this Agreement, including Business University + Acceptable Use Policy, Anti-Spam Policy, Privacy Policy, and the Business University + Data Protection Addendum (including the Standard Contractual Clauses (“SCCs”)), all of which can be found in our Legal and Policy Center (the “Business University + Policies”), before you subscribe for our Product. This Agreement incorporates the Business University + Policies and we refer to the combination of this Agreement and all additional terms and Policies included in the Legal and Policy Center collectively as these “Terms.”
If you will be using the Product on behalf of an entity or other organization, you agree to these Terms on behalf of that entity or organization and you represent that you have such authority. “You” and “your” will refer to that entity or organization.
When you subscribe to our Product, or otherwise use or access the Platform or the Product, you agree to be bound by these Terms and applicable laws, rules, and regulations. You may be asked to click “I accept” at the appropriate place prior to your purchase of access to our Product. At such time, if you do not click “I accept”, you may not be able to complete your purchase or access our Platform. If you do not agree to these Terms, please do not use our Product in any way.
Business University + is not an educational institution, marketplace, or content provider. Our users, entrepreneurs, customers, and partners are not our employees. We are not responsible for any interactions between you and your customers, students, subscribers, or users (collectively, “End-Users”),. We are in no way liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of your relationship with your End-User, including any End-Users reliance upon any information or content that you provide.
1. Fees and Payments
1.1. Fees for our Product. You agree to pay Business University + any fees for each Product you purchase or use in accordance with the pricing and payment terms presented to you for that Product. We use third party payment processors (Stripe and PayPal) to bill you through a payment account linked to your Business University + account. The processing of payments will be subject to the terms, conditions and privacy policies of the applicable payment processor, in addition to this Agreement. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Business University + of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law. Included in your fee may be technical support in respect of the Product and it is only provided to Business University + customers. Business University + support agents are not trained in custom-coding and technical support for any custom-coding is the responsibility of the customer and Business University + accepts no responsibility to provide such support. Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. In no event will Business University + credit, refund, or reimburse you for a foreign exchange fee charged by your credit card or for any difference in fees due to currency conversion.
1.2. Subscriptions. Our Product is billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your account through your online account management page or by contacting us at [email protected] prior to the end of the billing cycle. While we will never want to lose a customer, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
If you initially sign up for a plan that includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
Business University + may change the price for Subscriptions from time to time and will communicate any price changes to You in advance and, if applicable, how to accept those changes. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, You accept the new price by continuing to use Your Subscription after the price change takes effect. If You do not agree with the price changes, You have the right to reject the change by cancelling Your Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
We, through our third-party providers (Stripe and PayPal) will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information, except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your account settings. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). This enables us to provide you access to the Product. You authorize us to continue to charge your credit card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred. You also agree that we may charge you via your payment method on file if you elect to restart your subscription.
Any change (including any upgrade, downgrade or other modification) to any plan by you in a trial period will end the trial immediately. You will be billed for your first term period (i.e. the first annual or monthly period) immediately upon upgrading. For any upgrade or downgrade in plan level after any trial period, your credit, debit, or other payment card will automatically be charged the new rate on your next billing cycle. You will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher priced plan during that billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing cycle(s). This credit will not be refunded.
1.3. Taxes. Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.
(a) United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority. If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate. If we subsequently determine in our sole discretion that your tax exemption document is valid, we will refund the sales tax collected.
(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST, or any other sales, consumption or use taxes that arise in connection with your purchases of our Product unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption, or use taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate. If you are required by law to withhold any Taxes from your payments to Business University +, you must provide Business University +with an official tax receipt or other appropriate documentation to support such payments.
1.4. Price Changes. Business University + may change the fees charged to you for the Services at any time, provided that, for Product billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Business University + will provide you with advance notice of any change in fees and you will have the opportunity to cancel your Subscription as set forth in Section 1.2.
1.5 Refund Policy. We want all new customers to be excited about working with us. In that regard, we provide a full no-questions-asked refund within thirty (30) days of first signing up with Business University +. Simply send us an email to [email protected] within thirty (30) days of your sign-up letting us know that you are canceling your plan. After that, all payments are nonrefundable and there are no refunds or credits for partially used subscription periods. As mentioned above, following any cancellation, you will continue to have access to the Product through the end of your current billing period. We reserve the right to refuse refunds to anyone who abuses this Refund Policy.
Section 1.6 Authorized Payment Method. You must keep a valid payment method on file with Business University + to pay for all fees. Business University + will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Business University + will continue to charge the Authorized Payment Method for applicable fees until this Agreement is terminated, and any and all outstanding fees have been paid in full.
Section 1.7 Delinquencies. If Business University + is not able to process payment of any fees using an Authorized Payment Method, Business University + will provide you with a notice regarding the payment failure (a “Payment Failure Notice”). If the outstanding fees are not paid within 14 days of Business University + providing a Payment Failure Notice, Business University + may (in its sole discretion) suspend and revoke your access to the Product or certain services within the Product. Your full access to the Product will be reactivated upon your payment of any outstanding fees, plus the fees applicable to your next billing cycle.
If the outstanding fees are not paid within 30 days of Business University + providing a Payment Failure Notice, Business University + may (in its sole discretion) terminate your access to the Product or certain services within the Product. Your full access to the Product will be reactivated upon your payment of any outstanding fees, plus the fees applicable to your next billing cycle.
You may not be able to access the Product or certain services within the Product during any period of suspension or after termination which may impact your ability to provide your Content, products and/or services to, or process payments from, your End-Users. Business University + is in no way liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of any impacts on your relationship with your End-Users as a result of any suspension or termination of your access to the Product. You agree to indemnify Business University + for any such disputes with your End-Users in accordance with this Section 13.
2. Your Content
2.1. You Retain Ownership and Responsibility of Your Content. You retain ownership of all of your intellectual property rights in your Content. “Content” means software (including machine images), data, text, audio, video or images, coaching offerings, and personal data uploaded, collected, posted, stored, displayed, distributed, or transmitted on or in connection with your account or your site. Business University + does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Product to you, and as otherwise described in the Terms. Should any of your Content involve third party content, You agree that Business University + is not responsible in any way for such content and makes no representations or warranties as to such third party content.
You represent and warrant to us that: (a) you own or have the necessary licenses, rights, consents, or permissions to use or publish the Content that you include, submit, or use through our Product; and (b) none of your Content or your End-Users’ use of your Content or the Product will violate any applicable laws or the Acceptable Use Policy. You may not represent or imply to others that your Content is any way sponsored, provided, or endorsed by Business University + . You are solely responsible for determining the fees you charge your End-Users for use and/or access to your Content, website(s), and products and for any refund policy you set regarding the sale of Your Content. The Product may permit you to export your Content, including links to videos created through the Product, including by sharing to social media and networking sites. You are solely responsible for your distribution of such exports or links and for compliance with the terms of any third-party websites, applications, services, or products through which you distribute such exports and links.
2.2. Limited License to Your Content. While we do not claim any intellectual property rights over your Content, by uploading the Content through the Product, you grant Business University + , solely for the limited purposes of providing the Product to you and as otherwise permitted by the Privacy Policy, a worldwide, royalty free license to use, display, make publicly available, and otherwise exploit your Content. This license for such limited purposes continues even after you stop using our Product, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of our business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Product to you. If you submit any feedback or suggestions to us regarding our Product, we may use and share them for any purpose without any compensation or obligation to you.
2.3. Business University + Right to Use Your Name. Business University + shall have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your business to promote our Product. Any goodwill arising from the use of your name and logo will inure to your benefit.
2.4. Claims for Intellectual Property Infringement. Business University + fully respects the intellectual property rights of others and we expect our users to do the same. If you believe a Business University + user is infringing upon your intellectual property rights, you may report it to us by contacting us at [email protected]. If the claim is for alleged copyright infringement, we are required to respond in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify us in accordance with our Copyright (“DMCA”) Policy.
2.5 Non-Exclusive Services. We reserve the right to provide our Product to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Business University + employees and contractors may also be Business University + customers and that they may compete with you, although they may not use your Content or confidential information in doing so.
3. Privacy & Security
3.1. Your Responsibility to Comply with Data Protection, Security and Privacy Laws. By using our Product, you agree and warrant that you are solely responsible for complying with all applicable data protection, security and privacy laws and regulations, including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, sending marketing or other email, and when using cookies and similar technologies on your sites. If applicable law requires, you must provide and make available to your End Users a legally compliant privacy policy and cookie policy. You must capture valid consent, both for you and us, for any cookies or similar technologies used on or through your site where required. Please see our Cookie Notice and our Help Center for more information about use of cookies and similar technologies.
3.2. Privacy. While using the Product, you may submit Content to Business University + (including your personal data and the personal data of others) or third parties may submit Content to you through the Product. We know that your Content is very important to you and by giving us your Content, you are trusting us to treat it appropriately. Business University + Privacy Policy explains how we treat your Content and we agree to adhere to our Privacy Policy. You also agree that Business University + may use and share your Content in accordance with the Privacy Policy and applicable data protection laws. You also agree that you are responsible for notifying these third parties who submit content to you through our Product about the Business University + Privacy Policy. By using the Product, you acknowledge and agree that Business University + collection, usage, and disclosure of your personal information is governed by our Privacy Policy.
3.3 Data Protection. These Terms incorporate the Business University + Data Protection Addendum (DPA), including the Standard Contractual Clauses, and the California Supplemental Privacy Notice, and by using our Product, you are providing us with instructions to process any personal data collected by you through our Product, on your behalf and you acknowledge that our use and collection of personal information is subject to the DPA. You shall ensure and hereby warrant and represent that you are entitled to transfer personal data to Business University + so that we may lawfully process and transfer the personal data in accordance with these Terms and all data protection laws applicable to You, Your business, and the jurisdiction of Your members (including but not limited to GDPR and CCPA). You shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection laws and have sole responsibility for the accuracy, quality and legality of personal data processed by us in the provision of the Product.
3.4. Confidentiality. Business University + will treat your Content as confidential information and only use and disclose it in accordance with the Terms (including the Privacy Policy). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through our breach of the Terms); (b) was lawfully known to Business University + before receiving it from you; (c) is received by Business University + from a third party without our knowledge of breach of any obligation owed to you; or (d) was independently developed by Business University + without reference to your Content. Business University + may disclose your Content when required by law or legal process, but only after we, if permitted by law, use commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose. (See our Guidelines for Information Requests.)
3.5. Security. Business University + will store and process your Content in a manner consistent with industry security standards. We have implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.
If Business University + becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), we will take reasonable steps to notify you without undue delay, but no later than 72-hours of becoming aware of the Security Incident. Business University + will also reasonably cooperate with you in regards to any investigations relating to a Security Incident by helping to prepare any required notices and providing any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Business University +, subject to our Guidelines for Legal Requests.
4. Business University + Intellectual Property
4.1. Product License. Neither the Terms nor your use of the Product grants you ownership in the Product or any content you access through the Product (other than your Content). The Terms also do not grant you any right to use Business University + trademarks or other brand elements. You agree that you will not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Business University + or Business University + trademarks and/or variations and misspellings thereof. We or our licensors own all right, title, and interest in and to the Product, and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Product solely in accordance with the Terms. Except as provided in this Section 4.1, you obtain no rights from us, our affiliates, or our licensors to the Product, including any related intellectual property rights.
4.2. License Restrictions. Neither you nor any of your End-Users will use the Product in any manner or for any purpose other than as expressly permitted by the Terms. Neither you nor any of your End-Users will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Product; (b) reverse engineer, disassemble, or decompile the Product or apply any other process or procedure to derive the source code of any software included in the Product (except to the extent applicable law doesn’t allow this restriction); (c) access or use the Product in a way intended to avoid incurring fees or exceeding usage limits or quotas; or (d) resell or sublicense the Product. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you.
5. User Content; Third Party Sites and Services
5.1. User Content. You are responsible for your own Content and the consequences of posting or publishing it. You must ensure that you have all the rights and permissions needed to use that Content in connection with the Product. Business University + is not responsible for any actions you take with respect to your Content, including sharing it publicly, and we assume no liability for your interactions with your users. Business University + reserves the right, but has no obligation, to monitor disputes between you and your users.
Business University + does not have an obligation to monitor or review any Content submitted to the Product nor do we pre-screen any Content. We are not responsible for and do not necessarily hold the opinions expressed by our customers, users, content contributors, and third parties. You acknowledge that by providing you with the ability to view and post Content through our Product, Business University + is not undertaking any obligation or liability relating to the Content. We (i) do not pre-screen Content; (ii) do not undertake or assume any duty to monitor our site for inappropriate or unlawful content; and (ii) assume no responsibility or liability that may arise from a user’s Content, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. However, you acknowledge that, in order to ensure compliance with legal obligations, Business University + may review Content submitted to the Product to determine whether it is illegal or whether it violates these Terms, including our Acceptable Use Policy (such as when unlawful content is reported to us). We have the sole discretion to modify, prevent access to, delete, or refuse to display Content that we believe violates law or these Terms. It is in our sole discretion to refuse or remove any Content from the Product or to refuse service to anyone for any reason at any time.
5.2. Third Party Resources. Business University + may from time to time recommend or provide you with access to third party software, applications, services, or websites for your consideration or use. These optional tools and integrations are made available to you as a convenience and your use of these third party providers is solely between you and the applicable provider. We do not monitor or have any control over, and we make no claim, warranty or representation regarding any such third party offerings and we accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, any such third party offerings. Your use of any optional third party offerings provided by our Product or a third party website is at your own risk and you expressly release Business University + from any all liability arising from your use of any third party website. You acknowledge that Business University + has no control over such third party services and shall not be responsible or liable to you or anyone else arising from or relating to your use of optional third party services. Business University + does not guarantee the availability of such third party services and you acknowledge that Business University + may disable access to any third party service at any time in its sole discretion and without notice to you. In some instances, Business University + may receive a revenue share for these third party providers. You should review such third party’s applicable terms and policies, including privacy and data gathering practices, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Trademarks and Content displayed in conjunction with the Product are the property of their respective owners.
If you install a third party service for use with the Product, (i) you represent that you have agreed to such third party’s terms and conditions and are subject to such terms and conditions; and (ii) you grant us permission to allow the applicable third party service provider to access your Content or other data and to take any other actions as required for the interoperation of the third party service with our Product. If you do not agree to abide by the applicable terms and conditions for any such third party integration, then you should not install or use such third party integrations with the Product.
5.3 Beta Services. From time to time, Business University + may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all customers (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Business University + will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Business University + confidential information. When using our Beta Services, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Business University + prior written consent. Business University + makes no representations or warranties that the Beta Services will function. Business University + may discontinue the Beta Services at any time in its sole discretion. Business University + will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Business University + may change or not release a final or commercial version of a Beta Service at our sole discretion.
6. Account Management
6.1. Keep Your Password Secure. If Business University + has issued an account to you in connection with your use of the Product, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Business University +, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Business University + immediately at [email protected]. Accounts may not be shared and may only be used by one individual or organization per account.
6.2. Keep Your Details Accurate. Business University + occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.
6.3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Business University + will not be liable for any failure to store, or for loss or corruption of, your Content.
6.4. Account Inactivity. Business University + may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
6.5. Customer Success. Business University + may assign you a customer success manager (“CSM”). The CSM may review your use of the Product and your Content to help you to more effectively use the Product, including by providing reporting and usage insight.
6.6. Ownership Disputes. In the event of a dispute regarding account ownership, Business University + reserves the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, organizational documents, government issued photo ID, the last four digits of the credit card on file, etc. Business University + retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, we reserve the right to temporarily disable an account until resolution has been determined between the disputing parties.
7. User Requirements
7.1. Legal Status. If you are an individual, you may only use the Product if you have the power to form a contract with Business University +. If you do not have the power to form a contract, you may not use the Product. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
7.2. Minors. “Minors” are individuals under the age of 18 (or a higher age as provided in certain countries and territories). The Product is not intended for use by Minors. If you are a Minor in your place of residence, you may not use the Product. By using the Product, you represent and warrant that you are not a Minor. Furthermore, the Product is not directed at children under the age of 16 and Business University + does not knowingly collect personal information from children. In your use of the Product, it is your sole responsibility to comply with all applicable laws relating to the privacy rights of children, including the Children’s Online Privacy Protection Rule (COPPA).
7.3. Embargoes. Use of our Product for any dealings, engagement, or sale of goods/services linked directly or indirectly with jurisdictions that Business University + has deemed high risk, such as Cuba, Iran, North Korea, Syria, Russia, and the Crimea, Donetsk, and Luhansk Regions, is prohibited. You are not permitted to use our Product if you are, or you are owned or controlled directly or indirectly by, any person, group, entity, or nation, named on any list issued by the Department of the Treasury’s Office of Foreign Asset Control (“OFAC”), or any similar list or by any law, order, rule, or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (collectively, a “Prohibited Person”). By using our Product you represent and warrant that (i) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity, or nation that is) acting directly or indirectly for or on behalf of any Prohibited Person; and (ii) you have not conducted nor will you conduct business nor have engaged nor will you engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation. Furthermore, it is your responsibility to ensure that: (a) your end users do not use the Product in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Product to any Prohibited Persons.
7.4 Compliance with Laws. You must always use the Product in compliance with, and only as permitted by, applicable laws. There are various federal, state, and international specific laws, requirements, guidelines, and/or standards (collectively, “Laws”) that apply or may potentially apply to your Content, business, websites, and/or mobile applications, including, but not limited to those related to privacy and data security (such as the California Consumer Privacy Act (CCPA) or the EU General Data Protection Regulation (GDPR)), the accessibility of websites and/or mobile applications, taxes, the Health Insurance Portability and Accountability Act (HIPAA), and subscriptions and auto-renewals. Business University + is not HIPAA compliant and currently we have no plans to become so. Accordingly, you may not use the Product to collect, store, or process any protected health information subject to HIPAA, any applicable health privacy regulation, or any other applicable law governing the processing, use, or disclosure of health information.
Any information provided by Business University + in help articles, examples, or the like are provided for informational purposes only and are provided without any warranty, express or implied, including as to their legal effect and completeness. Business University + cannot provide you with any legal or tax advice and encourages you to consult with legal and tax counsel and website accessibility consultants of your own selection and at your own expense to ensure your compliance with all applicable Laws. You agree that you are solely and exclusively responsible for your website and mobile applications and the entirety of your Content, including compliance with Laws and following your published policies.
8. Acceptable Uses of the Product and Email Services
You are responsible for your conduct, Content, and communications with others while using the Product and you must comply with the requirements detailed in our Acceptable Use Policy.
By using our Product, you may generate or send email from your account using the Business University + email services (the “Email Services”). In addition to the terms applicable to the Product generally (including Business University + Acceptable Use Policy and Privacy Policy), Business University + Anti-Spam Policy applies to your access and use of the Email Services. Additionally, you agree to use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to research and understand your obligations in relation to Sensitive Data. Business University + employs certain controls to perform email address validation and scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Review is intended to limit spam, phishing, or other malicious content (including but not limited to misinformation, disinformation, and other harmful content) that contravenes these Terms of Service or our Acceptable Use and Anti-Spam Policies (collectively, “Threats”). By using the Email Services, you explicitly grant Business University +the right to employ such Content Scanning. Business University + does not warrant that the Email Services will be free from Threats, and each Business University + customer is responsible for all content generated by their respective sites.
9. PCI Compliance
9.1. PCI Standards. If you use the Product to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”). Business University + provides tools to simplify your compliance with the PCI Standards, but it is your responsibility to ensure that your business is compliant. The specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Product.
9.2. Cardholder Data. Business University + does not have access to, collect, transmit, store, or process any Cardholder Data on your behalf. We have partnered with payment providers Stripe and PayPal regarding all End-User payments and so that our customers may achieve their compliance obligations with PCI DSS. It is your sole responsibility as the owner of your site to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. “Cardholder Data” is defined as a cardholder’s primary account number (PAN), and where a full unmasked card number is present, any of the following elements: cardholder name, expiration date, and/or service code. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE PRODUCT, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where Business University + explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Product. You assume all responsibility for any Cardholder Data entered into the Product in violation of these Terms.
10. Suspension and Termination of Services
10.1. By You. You can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Product. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Product, unless the termination is due to our material, uncured breach or a refund is required by law.
10.2. By Business University +. Business University + may terminate your Subscription for any reason at the end of a billing cycle by providing at least 30 days’ prior written notice to you and you will not be charged for the next billing cycle. Business University + may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. Business University + may immediately suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms, in our sole discretion, and failed to cure that breach within 30 days after we have notified you in writing of such breach; or (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days. Additionally, Business University + may immediately limit, suspend, or terminate the Product to you: (i) if, in our sole discretion, you fail to comply with these Terms; (ii) if, in our sole discretion, you use the Product in a way that causes legal liability to us or disrupts others’ use of the Product; or (iii) we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Product you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where Business University + may decide that we need to take immediate action without notice. Business University + will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Business University + has no obligation to retain your Content upon termination of the applicable Service.
10.3. Further Measures. If Business University + stops providing the Product to you because you repeatedly or egregiously breach these Terms, Business University + may take measures to prevent your further use of the Product, including blocking your IP address.
11. Changes and Updates
11.1. Changes to Terms. You acknowledge and agree that Business University + may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Product, and to account for new Products or functionality. The most current version will always be posted on our website in our Legal and Policy center. If an amendment is material, as determined in Business University + sole discretion, we may notify you by email and/or posting it to our website or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted, and apply to all access to and use of the Product thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted. If you do not want to agree to any changes made to the Terms, you should stop using the Product, because by continuing to use the Product you indicate your agreement to be bound by the updated terms.
11.2. Changes to the Product and Services. We are continually changing and improving our Product. Business University + may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. Business University + may also limit, suspend, or discontinue a Service provided to you at our discretion. If we discontinue a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service. Business University + may remove content from the Product it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
11.3. Downgrades. Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.
12. Disclaimers and Limitations of Liability
12.1. Disclaimers. While Business University + strives to provide you with a great experience when using the Product (and we love to please our customers), there are certain things we do not promise about our Product. We try to keep our Product up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY INFORMATION, GUIDANCE, OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND BUSINESS UNIVERSITY PLUS DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE PRODUCT.
12.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUSINESS UNIVERSITY PLUS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BUSINESS UNIVERSITY + HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF BUSINESS UNIVERSITY +, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT AND THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO BUSINESS UNIVERSITY + FOR USE OF THE PRODUCT AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
12.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
13. Indemnification
13.1. General. You agree that you are solely and exclusively responsible for your website and mobile applications and the entirety of your Content. To the fullest extent permitted by law, you will indemnify and hold harmless Business University + and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with (a) your or your end users’ use of the Product; (b) breach of these Terms or violation of applicable law by you, your users, or your Content, websites, mobile applications, or business; or (c) a dispute between you and your users.
13.2. Intellectual Property. You will defend Business University + and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim alleging that any of your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.
13.3. Process. We will (a) endeavor to give you prompt written notice of the claim; (b) permit you to control the defense and settlement of the claim; and (c) reasonably cooperate with you in the defense and settlement of the claim. In no event will you agree to any settlement of any claim that requires a commitment by us, without our written consent.
14. Resolving Disputes; Arbitration Agreement; Governing Law.
14.1. Resolving Disputes. If you have a concern, we want to first try to address it without needing a formal legal case. Before filing a claim against Business University +, you agree to try to resolve the dispute informally by contacting [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Business University + may bring a formal proceeding.
14.2. Judicial Forum for Disputes. You and Business University + agree that any judicial proceeding to resolve claims relating to these Terms or the Product will be brought in the federal or state courts of Orange County, California, subject to the mandatory arbitration provisions below. Both you and Business University + consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
14.3. Mandatory Arbitration Provisions. IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and Business University + agree to resolve any claims relating to these Terms or the Product through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate within 30 days of first registering your account by contacting us at [email protected].
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Orange County, CA, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
Exceptions to Agreement to Arbitrate. Either you or Business University + may assert claims, if they qualify, in small claims court in Orange County, CA, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Product, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Orange County, California to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
14.4. Governing Law. These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.
15. Other Terms
15.1. Assignment. You may not assign these Terms or your rights to use our Product without Business University + prior written consent, which may be withheld in our sole discretion. Business University + may assign these Terms at any time without notice to you.
15.2. Entire Agreement. These Terms, and any other policy located in our Legal and Policy Center constitute the entire agreement between you and Business University +, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.
15.3. Independent Contractors. The relationship between you and Business University + is that of independent contractors, and not legal partners, employees, or agents of each other.
15.4. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
15.5. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
15.7. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
15.8. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
15.9. Survival. The following sections will survive the termination of these Terms: 1, 2.2, 3, 10, 12, 13, 14, and 15.
15.10. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
PRIVACY POLICY
Business University Plus, Inc, a Delaware Incorporated company, (collectively, “Business University +,” “us,” “we,” or “our”) respects the privacy concerns of our customers, the members of Business University + powered businesses, and all users of our website, www.businessuniversityplus.com, applications, and all other products and services (collectively, the “Product”). We are committed to protecting and respecting your privacy. This Privacy Policy (the “Privacy Policy”) and any other documents referred to in it sets forth the basis on which any personal data we collect from you, or that you provide to us, in connection with the Product will be processed by us. We are providing this Privacy Policy so that you can better understand how we collect, use, and share information that is gathered using our Product.
We may change provisions of this Policy from time to time and will indicate when changes have been made by revising the date at the top of this Policy. We encourage you to review the Policy whenever you access the Product to make sure that you understand our practices. If we make material changes to this Policy, we will provide you with additional notice.
It’s important that you read the following carefully to understand our practices. Please also review the Terms of Service Agreement. If you are a customer of ours and we are processing personal information on your behalf, please review the accompanying Data Processing Addendum. All of our relevant policies are located in our Policy Center, which also govern use of our Product. If you have any questions or unresolved privacy concerns, please contact us at [email protected].
Data Protection Across the Globe
Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply common protections described in this policy. These protections align with well-known standards such as ISO 27001:2017 and others.
Information that We Collect
Information that you provide to us: We may collect information that you provide when using our Product, such as when you: (1) create an account; (2) subscribe to our Product; (3) participate in events or promotions; (4) send questions or comments via email or live chat; (5) interact with our sales or customer support team; (6) apply for a job with us online; (7) fill out surveys; or (8) otherwise communicate with us through or about our Product. The types of personal information that you provide may include your name, email address, telephone number, mailing address, credit card information, and other contact or identifying information that you choose to provide. We store, process, and maintain files and content that you create and/or upload using our Product, as well as other data related to your account in order to provide the Product to you.
We do not store any credit card information we receive except as necessary to complete and satisfy our rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by you.
Information about use of our Product: Our servers automatically collect usage information about your use of the Product, including the webpages visited, number of log-ins, data displayed or clicked on, actions taken, your language preference, and other login information. We may collect automated error reports in the case of software malfunctions, which may contain some or all of the information in your account and content and may be reviewed to help resolve problems with the Product.
If you participate in a video conference with us, we may record the session and retain the recordings. We will notify you first that the session is being recorded so that you can choose not to participate. If you participate in a training or product course, we collect completion data.
We collect information from the device and application you use to access our Product. Device data mainly means your IP address, operating system version, device type, device ID/MAC address, system and performance information, and browser type. If you are on a mobile device we also collect the UUID for that device.
We use a variety of technologies to collect this information, such as first party and third party cookies and tracking services that employ cookies and page tags (also known as web beacons). This data includes usage and user statistics. Emails sent by Business University + or by users through our Product also include page tags that allow the sender to collect information about who opened those emails and clicked on links in them. We provide more information on cookies below and in our Cookie Notice.
Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, device type and timestamps.
If you arrive at Business University + from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
Information from third parties and integration partners: We may obtain personal information from third parties and combine such information with the information that we collect through our Product and such information may be used for the purposes described in the “How We Use the Information We Collect” section below. For example:
- You give permission to those third parties to share your information with us or where you have made that information publicly available online.
- You create or log into your account through a third-party social networking site or one of our integration partners, we will have access to certain information from that service such as your name and account information.
- If you purchase our Product, we may receive information from our third-party payment processors.
- We may collect information from unaffiliated third parties so that we can better understand you and provide you with information and offers that may interest you.
How We Use the Information We Collect
Use of Information: We may use the personal information collected through our Product to:
- Operate and improve our Product in a limited function;
- Send you advertising or promotional materials;
- Provide and deliver the Product or other services you request, process transactions, and send you related information;
- Send you technical notices, updates, security alerts, and support and administrative messages;
- Respond to your comments, questions, and requests and provide you with requested customer support;
- Monitor and evaluate trends, usage, and activities in connection with our Product;
- Secure our systems, prevent fraud, and help us to protect the security of your account;
- Prevent, detect, and investigate potentially prohibited or illegal activities and to enforce our terms and policies;
- Personalize and improve the Product, and provide content, communications, or features that match users interests; and
- Link or combine with other information we obtain from third parties to help understand your needs and provide you with better service.
We reserve the right at all times to review your content and information to help resolve problems with our software or Product, or to ensure that you remain in compliance with our Terms of Service and other policies (like our Acceptable Use Policy).
Information we may share: We will never “sell” your personal information (as that term is defined in the California Consumer Privacy Act). However, we may share your personal information with third parties as follows:
- Service Providers: We use other companies, agents, or contractors to perform services on our behalf or to assist us with the provision of services to you. For example, we engage service providers to provide marketing, advertising, communications, security, payment processing, infrastructure and IT services, to customize, personalize, and optimize our Product, to process payment transactions, to provide customer service, and to analyze and enhance data. While providing such services, these service providers may have access to your personal information. These service providers have agreed to maintain the confidentiality, security, and integrity of the personal information that they obtain from us and we do not authorize them to use or disclose your personal information except in connection with providing their services.
- Protection of Business University + and others: Business University + and its service providers may disclose and otherwise use your personal information where we or they reasonably believe such disclosure is needed to (i) satisfy and applicable law, regulation, legal process, or governmental request; (ii) enforce applicable terms of use, including investigation of potential violations; (iii) detect, prevent, or otherwise address illegal or suspected illegal activity, security, or technical issues; or (d) protect against harm to the rights, property, safety of Business University +, our users, or the public, as required or permitted by law.
- Business transfers: In connection with any reorganization, restructuring, merger, or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your privacy in a manner that is consistent with our Privacy Policy.
- Other Users: Content that you create, upload, or copy into our Product, may, if you choose, be read, copied, used, and distributed by people you know, your members, or people you don’t know. Information that you disclose using the chat function of the Product may be read, copied, used, and distributed by people participating in the chat. Use care when including sensitive information, such as home addresses or phone numbers, in content you share or chat sessions.
- With Your Consent: We may share your personal information when we have your consent.
Whenever in the course of sharing information, we transfer personal information to countries within the European Economic Area or other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this Privacy Policy and as permitted by the applicable laws on data protection.
Advertising and analytics services provider by others: We may allow others to provide analytics services and display advertisements for our Product. These providers (for example, Google Analytics) may use cookies, web beacons, device identifiers, and other tracking technologies that collect information about your use of our Product. This information may be used by us and others to determine the popularity of our Product, deliver advertising and content targeted to your interests in the Product, and on other websites, apps, and other services, and to better understand your online activity. You can find out more about this practice or opt out of your web browsing activity for interest-based advertising purposes by visiting https://aboutads.info/choices. You can opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.
Where We Store Your Personal Data
Data Storage: All data that you provide to use through our Product is stored on our secure servers located in the U.S. Any payment transactions will be encrypted using SSL technology; all payment data is stored by our payment processors and is never stored on our servers. Where we have given you (or where you have chosen) a password that enables you to access your account and the Product, you are responsible for keeping this password confidential. We recommend that you not share your password and that you change it frequently.
Data Security: Business University + takes reasonable measures to protect your personal information and your content from loss, misuse, and unauthorized access, disclosure, modification, and destruction and to ensure that your content remains protected and available to you. Unfortunately, the transmission of data via the internet is not completely secure and although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the Product. All transmissions are at your own risk. Further information is provided in our Security Statement. Contact [email protected] to receive a copy.
Data Retention: Business University + stores the information we collect for as long as necessary for the purpose for which it was originally collected and in compliance with our legal obligations. The retention periods applied by Business University + comply with applicable legislation then in effect, namely:
- For data relating to your account, such data will not be retained beyond your request that your account be deleted.
- For transactional data relating to your purchases, such data is kept for the entire period of our contractual relationship, then in accordance with legal obligations and applicable statute of limitations periods. Please note that this data does not include payment card information, which is processed by our third-party payment processors and not Business University + .
- For data collected based on your consent to receive marketing communications, we will use the data until you withdraw your consent or applicable law requires that such data is no longer used.
- For data collected in connection with your requests or questions, such data is kept for the period necessary to process and reply to your request or question.
- When cookies or other trackers are placed on your computer, they may be retained for a period of 12 months.
We may retain certain information for legitimate business purposes or as required by law.
Our Customers’ Information
In order to power our customers’ businesses, we collect and use personal information about their users. In general, we collect and use this personal information as directed by the customer, and as further described in our Data Processing Addendum. Legally speaking, we are a “data processor” and a “service provider” as these terms are used in European and California Consumer Privacy Act. We will never use the personal information from our customers’ users to independently market or advertise to individuals unless such individuals are also using our Services directly. We also will not “sell” your customers' information, as that term is defined in the California Consumer Privacy Act.
Our customers decide how the personal information of their users are processed, so we urge them to make full and complete disclosure about their processing activities. Our customers are advised to, at a minimum, post a privacy policy on their websites that describes how they collect, use, and share the personal information of their users. We do not provide any customers with legal advice and we urge all of our customers to retain competent legal counsel suitable for their businesses and legal needs. As a courtesy to our customers, we have provided some helpful considerations in the Help Center article “Creating a Privacy Policy and Terms Page.”
Third Parties
Third-parties who provide and/or publish content via our Product shall be deemed the data controllers for any personal data contained in the content uploaded by any such party to the Product (“Third-Party Content”) and any other personal data processed in relation to such Third-Party Content. This Privacy Policy only concerns the processing for which Business University + is the data controller. If you have any questions regarding personal data contained in Third-Party Content, please contact the third-party provider responsible for such Third Party Content.
Use of Google API Services
Google API Services Disclosure
Business University + uses Google’s Application Programming Interface (API) Services to enable the use of the Coaching feature (i.e. use of your Gmail account to login to the Business University + platform).
Business University + use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
Types of Data Collected with Google API Services
The information collected and used with these API services includes personal data such as email addresses, calendar information, and first and last names.
Use of Google API Services Data
Your Google information is used by our system developers to provide or improve user-facing features that are prominent to your user experience. Business University + policies and procedures define requirements that prohibit the unauthorized use of data within the platform.
In order to perform improvements to the platform, we may need to share your information with other internal Business University + team members; however, Business University + policies require that this type of sharing only be performed when Business University + has designated the following:
- necessary to provide or improve user-facing features that are prominent from the requesting app’s user interface
- to comply with applicable laws
Business University + team members are never allowed to use or transfer restricted scope data to serve users advertisements. This includes personalized, re-targeted and interest-based advertising.
Securing Your Data
Business University + has established policies and procedures that define the appropriate safeguards for protecting your sensitive information. For more information, please refer to our Data Protection Addendum.
Data Privacy
We place significant importance on maintaining the security and privacy of your data. For more information, please refer to our Data Protection Addendum.
Children Age 16 and Under
Business University + Product is not directed at children under the age of 16 and we never knowingly collect personal information from children. We recognize the special obligation to protect personally identifiable information obtained from children age 13 and under. IF YOU ARE 16 YEARS OLD OR YOUNGER, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO THE SITE OR TO BUSINESS UNIVERSITY +. If we discover that a child age 16 or younger has signed up for our Product or provided us with personally identifiable information, we will delete that child’s identifiable information from our records.
Business University + nonetheless encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
- Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.
- Know the sites your kids are visiting and which sites are appropriate.
- Look for Website privacy policies. Know how your child’s information is treated.
- Check out the FTC’s site for more tips on protecting children's privacy online.
Do Not Track Disclosure
Regulatory agencies such as the U.S. Federal Trade Commission have promoted the concept of Do Not Track as a mechanism to permit Internet users to control online tracking activity across websites through their browser settings. Since no industry standard has been adopted, we currently do not process or comply with any web browser’s “do-not-track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit the Business University + website or use our Product.
Changes to Our Privacy Policy
We may update this Privacy Policy to reflect changes to our data practices. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on our website or in the Product prior to becoming effective. We encourage you to periodically review this page for the latest data on our privacy practices.
Contact Information for Complaints or Concerns
We welcome your questions, comments, and requests regarding our Privacy Policy and they should be addressed to [email protected].
Your Acceptance of These Terms
By using our website or Product, you accept the policies and restrictions set forth in this Privacy Policy. If you do not agree to this policy, please do not use the website or the Product.
California Supplemental Privacy Notice
THIS SUPPLEMENT IS FOR CALIFORNIA RESIDENTS ONLY
We at Business University + are big fans of keeping information simple for our users and we have worked hard at this in our Privacy Policy. This California Supplemental Privacy Notice (“California Privacy Notice”) supplements the information contained in the Privacy Policy and applies solely to visitors, users, and others who are residents of the State of California. This section describes your rights under the California Consumer Privacy Act of 2018 (“CCPA”) and other California laws. Any terms defined in the CCPA have the same meaning as when used herein.
While we have set out the categories below as required by the CCPA, you can review our Privacy Policy for examples and other information that describes our data collection and use, which will not change under this notice.
What is the CCPA?
The CCPA is a California law that provides California residents certain rights to their personal information.
California residents, called “consumers” in the CCPA, have the following rights:
- The right to request that we disclose certain information to you about our collection and use of personal information over the past 12 months.
- The right to request that we delete any of your personal information that we collect from you and retained, subject to certain exceptions.
- The right to opt-out of the sale of personal information by us.
- The right not to receive discriminatory treatment by us for exercising the privacy rights conferred by the CCPA.
We will explain more about how to exercise these rights below.
When we talk about “personal information” under the CCPA, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to, directly or indirectly, a particular consumer or household. Personal information does not include publicly available information or information that is deidentified or aggregate consumer information. The CCPA does not apply to personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994. It also doesn’t apply to health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.
Scope of the California Privacy Notice.
Business University + offers its services to be used by its customers and most of the personal information we process is done at their direction. This California Privacy Notice only describes our processing activities for data that we own and control. If you are a California resident interacting with our site as a subscriber to one of our customers’ businesses, all of your data is owned by such customer(s) and we recommend you contact them about their practices under the CCPA.
This California Privacy Notice does not apply to personal information we collect from employees or job applicants in their capacity as employees or job applicants. It also does not apply to personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services. Therefore, any responses pursuant to the CCPA may exclude those categories of personal information.
Information We Have Collected About Consumers in the Preceding 12 Months.
All of the categories of personal information we collect about you (as detailed below) come from the following categories of sources:
- You, including through your use of our services and product;
- Automatically collected from you; and
- Third parties, such as when you give permission to social networks to share your information with us or where you have made your personal information publicly available online.
The following chart sets out the CCPA categories of personal information we have collected from consumers within the last twelve (12) months.
The Purposes for Which Personal Information is Collected.
We may collect the personal information we collect for one or more of the following business purposes:
- Providing our services (for example, account servicing and maintenance, customer service, advertising and marketing, analytics, and communication about our services);
- For our operational purposes, and the operational purposes of our service providers and integration partners;
- Improving our existing product and services and developing new products and services (e.g., by conducting research to develop new products or features);
- Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;
- Bug detection, error reporting, and activities to maintain the quality or safety of our services;
- Auditing consumer interactions on our site (for example, measuring ad impressions);
- Short-term, transient use, such as customizing content that we or our service providers display on the product;
- Other uses that advance our commercial or economic interests, such as third party advertising and communicating with you about relevant offers from third party partners;
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Business University + business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Business University + is among the assets transferred; and
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
Sale of Your Personal Information.
The CCPA defines a “sale” of personal information as the disclosure, sharing, or making available of a consumer’s personal information by a business to another business or third party for monetary or other valuable consideration. It is not a sale if a consumer uses or directs the business to intentionally disclose personal information or uses the business to intentionally interact with a third party. Business University + does not monetize your personal information. We share certain information about your device and interaction with our digital properties to enhance your experience with us and to engage in the legitimate business purpose of advertising and marketing.
The CCPA requires businesses that “sell” personal information to provide California residents the right to opt out from such sales. Business University + does not “sell” your personal information as we understand that term to be defined by the CCPA and its implementing regulations. To the extent that you have taken the position that a website’s use of third-party cookies or similar technology for advertising or analytics constitutes a “sale” under the CCPA, you may consider Business University + to have “sold” what the CCPA refers to as “identifiers” (e.g. IP addresses), “internet or other electronic network activity information” (e.g. information about an individual’s browsing activity on a Business University + website), and “commercial information” (e.g. the fact that a browser visited a webpage directed at individuals considering purchasing Business University + products or services). Please refer to our Privacy Policy for more information, including how to exercise your rights to opt-out or manage your cookie preferences.
Exercising Your California Privacy Rights.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. Agents must submit proof that they have been authorized by the consumer to act on their behalf. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We verify requests by sending a confirmation email to the requestor and by matching the identifying information provided by the consumer to the personal information already maintained by us. We cannot respond to your request or provide you with personal information if we cannot: (i) verify your identity or authority to make the request; and (ii) confirm the personal information relates to you. If we are unable to verify the identity of a consumer to a sufficient degree of certainty, we will deny the request and explain the reason for the denial.
If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, please contact us via [email protected].
You may only make a verifiable request for access or data portability twice within a 12-month period. California residents may exercise their California privacy rights by submitting your request to [email protected].
If you wish to exercise any of these rights and do not have an account with us, please contact us via: [email protected] and we will request additional information to perform identity verification where possible.
Other California Privacy Rights.
In addition to the CCPA, the California Civil Code permits California residents with whom we have an established business relationship to request that we provide you with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the preceding calendar year. To make such a request, please contact us at [email protected] and mention that you are making a “California Shine the Light” inquiry.
Business University Plus, Data Protection Addendum
Effective Date: March 10th, 2022
Last Updated: March 10th, 2022
This Data Protection Addendum (“DPA”) supplements the Business University + Terms of Service Agreement between Customer and Business University +, Inc (“Business University +”) into which it is incorporated by reference (hereinafter, the “Agreement”). 1. Introduction. 1.1. Definitions. Capitalized terms used but not defined in this DPA will have the meanings provided in the Business University + Agreement. The following defined terms are used in this DPA: (a) “Customer” means the person or entity purchasing Business University + Product. (b) “Customer Account Data” personal data that relates to Customer’s relationship with Business University + , including the names or contact information of individuals authorized by Customer to access Customer’s account. It also includes billing and payment information of individuals that Customer has associated with its account. (c) “Customer Data” means all information or data, electronic or otherwise, that are provided to Business University + by, or on behalf of Customer through the use of the Product. Customer Data includes Customer’s Content, as defined in the Agreement. (d) “Data Protection Law” means all laws, legislation, regulations, judicial or regulatory actions, as now or as may become effective, applicable to the processing of Personal Data pursuant to the Agreement. (e) “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). (f) “Industry Standards” means industry standards that are reasonable and appropriate to the nature of the Personal Data being processed in this DPA, and takes into account the standards and practices employed by Business University + peers, for the industry in which Business University + operates relating to the privacy, confidentiality or security of Personal Data, as updated from time to time. (g) “Information Security Incident” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Data or Personal Data while processed by Business University + . (h) “Personal Data” means (i) any information relating to an identified or identifiable natural person (a “data subject”), where such information is Customer Data. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. (i) “Product” has the same meaning as set forth in the Agreement. (j) “Product Generated Data” means data generated or derived by Business University + through the operation of the Product. Product Generated Data does not include Customer Data. (k) “Standard Contractual Clauses” means, depending on the circumstances unique to the Customer, any of the following: ● EU Standard Contractual Clauses approved by the European Commission in decision 2021/914, whether they be “Controller-to-Processor” or “Controller-to-Controller.” ● UK Standard Contractual Clauses, whether they be “Controller-to-Processor” or “Controller-to-Controller.” Lower case terms used but not defined in this DPA, such as “personal data breach”, “processing”, “controller”, “processor”, “profiling”, “personal data”, and “data subject” will have the same meaning as set forth in Article 4 of the GDPR, irrespective of whether GDPR applies. The terms “data importer” and “data exporter” have the meanings given in the Standard Contractual Clauses. 2. General Terms 2.1. Scope and Precedence. The parties agree that this DPA sets forth their obligations regarding the processing of Customer Data, Customer Account Data, and Personal Data in connection with Customer’s purchase and use of the Product. This DPA does not apply to the processing of Product Generated Data, except in the limited circumstances where Product Generated Data contains Personal Data. In the event of any conflict or inconsistency between the terms of this DPA terms and any other terms in the Agreement, the terms in the DPA shall prevail. The terms of the DPA supersede any conflicting provisions of the Business University + Privacy Policy that otherwise may apply to processing of Customer Data, Customer Account Data, or Personal Data as defined herein. For clarity, the Standard Contractual Clauses prevail over any other term of the DPA. 2.2. Relationship of the Parties. The parties acknowledge and agree that, as between the parties: (a) As to Customer Data. Customer may act as a controller or processor and Business University + is a processor. Business University + will process Customer Data in accordance with Customer’s processing instructions as set forth in Section 2.3 of this DPA. Customer shall be -2- responsible for complying with all requirements that apply to it under Data Protection Law with respect to the processing of Personal Data and the processing instructions it gives to Business University +. Customer retains all right, title and interest in Customer Data, and any rights not expressly granted in the Agreement or this DPA are reserved by Customer. This section does not affect Business University + rights in the technology, software, or services Business University + licenses to Customer. (b) As to Customer Account Data. With regard to Customer Account Data, Business University + is a an independent (not joint) controller with Customer. Business University + will process Customer Account Data as a controller in order to carry out its Legitimate Business Operations as set forth in Section 2.3.2 of this DPA and in accordance with this DPA, the Agreement, and the Business University + Privacy Policy. (c) As to Product Generated Data. With regard to the processing of Product Generated Data, Customer may act either as a controller or processor and Business University + is an independent (not joint) controller with Customer. Business University + will process Product Generated Data as a controller in order to carry out its Legitimate Business Operations as set forth in Section 2.3.2 of this DPA and in accordance with this DPA, the Agreement, and our Privacy Policy. 2.3. Permitted Processing. (a) Processing Instructions. Customer has contracted with Business University + in order to benefit from the capabilities of Business University + in securing and processing Customer Data for the purposes of providing the Product. Accordingly, Customer instructs Business University + to process Customer Data, and in particular Personal Data within Customer Data, as necessary for the provision to Customer of the Product and as further instructed by Customer in its use of the Product. Business University + shall be allowed to exercise its own discretion in the selection and use of such means as it considers necessary to pursue those purposes, provided that all such discretion is compatible with the requirements of this DPA. (b) Legitimate Business Operations. Business University + processes Customer Data, Customer Account Data, and Product Generated Data in order to complete its “Legitimate Business Operations,” which include primarily the delivery of the Product configured for use by Customer and its end users and in order to: (i) engage in providing customer service, troubleshooting, and support; (ii) ongoing improvement of the Product (including developing and providing new and improved features, productivity, reliability, and security); (iii) billing and account management; (iv) internal operations and reporting; (v) protecting against fraud, cybercrime, or illegal activity; (vi) evaluating performance; (vii) business modeling and forecasting; (viii) other legitimate business purposes that are consistent with the purposes stated herein. (c) Processing Limitations. Business University + will processing Personal Data in order to provide the Product and as further instructed by Customer in its use of the Product, for example through Customer’s Product configurations, settings, add-ons, -3- integrations, designs, and preferences. Schedule 1 (Details of Processing) of this DPA provides further details on the processing details. 3. Customer Obligations. 3.1. Customer is responsible for complying with the obligations of Data Protection Law that apply to it as a controller or processor in respect of Personal Data processed using Business University + Product pursuant to the Agreement. Customer’s obligations include, but are not limited to: (i) obtaining consent for any end user’s use of the Product that may be required by applicable law and communicating such consent and/or processing limitations to Business University + ; (ii) providing opt-in or opt-out notices and rights to end users where processing of Personal Data is subject to such rights; (iii) providing all relevant notices to end user’s required under Data Protection Law; and (iv) deleting Personal Data as appropriate or required under Data Protection Law. Customer will ensure that its processing instructions comply with applicable Data Protection Law. Customer acknowledges that Business University + is neither responsible for determining which laws or regulations are applicable to Customer’s business nor whether Business University + provision of the Product meets or will meet the requirements of such laws or regulations. Customer will ensure that Business University + processing of Customer Data, when done in accordance with Customer’s processing instructions, will not cause Business University + to violate any applicable law or regulation, including applicable Data Protection Law. Business University + will inform Customer if it becomes aware, or reasonably believes, that Customer’s instructions violate any applicable law or regulation, including applicable Data Protection Law. 3.2. Customer is responsible for evaluating the Product and determining whether it (and its individual features) are appropriate for the processing and storage of Personal Data subject to any specific laws or regulations (including applicable Data Protection Law) in a manner consistent with such laws or regulations. 4. Roles and Responsibilities. 4.1. Data Subject Rights Requests; Assistance. Customer is responsible for responding to all requests from Customer’s data subjects regarding their rights under Data Protection Law including, where necessary, using Product functionality. Business University + will assist Customer, in a manner consistent with Product functionality and its role as a processor of Personal Data for Customer, in fulfilling data subject requests to exercise their rights to access, delete, rectify, or restrict their Personal Data under Data Protection Law. Should Business University + receive a request directly from a data subject or their agent to exercise on or more of the data subject’s rights under Data Protection Law in connection with Customer’s use of the Product, Business University + shall direct the data subject to make the request directly to Customer. 4.2. Data Retention and Deletion. Business University + will provide to Customer, as part of the functionality of the Product, the ability to access, download, extract, and delete Customer Data stored within the Product. Except for trial offers periods, Business University + will retain Customer Data that remains stored in the Product in a limited function for 90 days after the expiration or termination of Customer’s right to use the Product. After such 90 day period, Business University + shall delete all Customer Data (including any Personal Data -4- contained within Customer Data), unless Business University + is permitted or required by applicable law, or otherwise agrees, in its sole discretion, to maintain Customer Data upon request from Customer. 4.3. Compliance with Data Protection Law. Customer and Business University + each understand Data Protection Law may require the collection, maintenance, and disclosure of certain information related to compliance with Data Protection Law. Customer and Business University + each agree maintain and keep up-to-date all information required to be maintained under Data Projection Laws, and to make such information available to the other party where requested. Business University + (including its authorized representatives) will reasonably cooperate, upon request, with supervisory authorities (as defined in the applicable Data Protection Law) in the performance of its tasks. 4.4. Impact Assessments and Consultations. Business University + will provide reasonable cooperation to Customer in connection with any data protection impact assessment and any consultation with regulatory authorities required by applicable Data Protection Law. Business University + is entitled to seek additional compensation from Customer for cooperation with requests which would impose costs or efforts on Business University + which are unreasonable given the circumstances and may, in its sole discretion, deny such requests. 5. Disclosure of Processed Data. 5.1. Authorized Disclosures. Business University + shall be permitted to collect, disclose, share, make available, or otherwise process Personal Data as necessary to provide the Product described in this DPA and the Agreement, provided that such processing does not violate Data Protection Law. 5.2. Disclosure Restrictions. Business University + will not disclose or provide access to Customer Data except: (i) as described in this DPA; (ii) as Customer directs; (iii) as required by law. In the event Customer Data is sought by law enforcement or legal process, Business University + will attempt to direct the requesting party to contact Customer to request access or disclosure of the requested data directly from Customer. If compelled to disclose or provide access to Customer Data to law enforcement, Business University + will notify Customer unless legally prohibited from doing so. 5.3. Disclosure to Subprocessors. Business University + has engaged third parties to provide limited ancillary services on its behalf (“Subprocessors”) and Customer consents to the disclosure of Personal Data to Business University + designated Subprocessors. Business University +obtains reasonable assurances from the Subprocessors to provide a level of protection of Personal Data reasonable under the circumstances, taking into account the nature of the service provided by such Subprocessors and the nature of the Personal Data disclosed. Business University + remains responsible for each Subprocessors compliance with its data protection obligations and for any acts or omissions of Subprocessors that cause Business University + to breach its obligations under this DPA. Customer consents to Business University + engaging additional third party sub-processors to process Customer Data within the Product for Legitimate Business Operations provided that Business University + maintains an up-to-date list of its -5- sub-processors which is available upon request and subject to Customer agreeing to confidentiality provisions. 5.4. Engagement of Additional Subprocessors. Business University + may engage new or replace Subprocessors from time to time. Business University + will provide notice to Customer in the event a new Subprocessor is permitted to process Personal Data within 30 days prior to Business University + providing the Subprocessor access to Personal Data. If Customer does not approve of the new Subprocessor, Customer must submit written notice to Business University + before the end of the notice period and provide explanation for the reason for rejection of the proposed Subprocessor. Customer and Business University + will work together in good faith to resolve Customer’s objection to the use of the proposed Subprocessor. In the event the parties are unable to satisfactorily address Customer’s objections, Business University + may, in its sole discretion: (i) refrain from using the proposed Subprocessor to process Personal Data on behalf of Customer; (ii) terminate without penalty to Customer the part of Customer’s subscription of the Product that relies on the processing by the proposed Subprocessor; or (iii) terminate, without penalty to Customer, Customer’s entire subscription to the Product. 6. Data Security. 6.1. Safeguards. Business University + will use reasonable and appropriate technical, administrative and organizational measures designed to ensure a level of confidentiality and security appropriate to the risks represented by the processing and the nature of Personal Data and to prevent unauthorized or unlawful processing of Personal Data, including but not limited to measures against accidental loss, disclosure or destruction of, or damage to, Personal Data. More information about Business University + data security safeguards can be found in Schedule 2. 6.2. Data Security Review. Business University + conducts regular testing and assessment of its technical and organizational measures for purposes of evaluating their effectiveness. In the event the Data Protection Law require audit of Business University + data security practices, Business University + will work with Customer in good faith, and subject to reasonable confidentiality controls, to comply with audit requirements legally compelled or required under Data Protection Law. 6.3. Customer’s Security Evaluation. Customer is solely responsible for determining whether the technical, administrative, and organizational measures for the Product described in this DPA and the related documentation, in addition to Business University + obligations under Data Protection Law meet Customer’s requirements. Customer acknowledges and agrees that security practices and policies implemented and maintained by Business University + provide a level of security appropriate to the risk with respect to Personal Data. Business University + is not responsible for Customer’s compliance with Data Protection Law nor does it or will it provide guidance to Customer with respect to the implementation of Customer’s data security obligations. Customer is further responsible for using features and functionalities made available by Business University + to maintain appropriate security in light of the nature of Customer Data processed as a result of Customer’s use of the Product. 6.4. Security Incident Notification. -6- (a) Reporting Obligation. Business University + shall notify Customer of any Information Security Incident promptly upon becoming aware of such Information Security Incident. Such notice shall summarize in reasonable detail the effect on Customer, if known, of the Information Security Incident and the corrective action taken or to be taken. Business University + ’ obligation to report or respond to an Information Security Incident is not and will not be construed, in and of itself, as an acknowledgement by Business University + of any fault or liability with respect to the incident. (b) Determination of Reportable Incident. Any determination regarding the applicability of Data Protection Law to an Information Security Incident and the scope of the obligations of Business University + pursuant to such laws shall be within the reasonable discretion of Customer. In the event Business University + reasonably disagrees with any such determination in respect of any such Data Protection Law that impose obligations directly or indirectly on Business University +, Business University +shall be entitled to make its own reasonable determination of such directly imposed obligations and act accordingly. (c) Investigation and Mitigation. In the event of an Information Security Incident, Business University + shall: i. Conduct a reasonable investigation of the reasons for and circumstances of the Information Security Incident; ii. Use best efforts and promptly take all necessary actions to rectify, prevent, contain and mitigate the impact of the Information Security Incident, and remediate the Information Security Incident; iii. Collect, preserve and document all evidence regarding the discovery and cause of, and vulnerabilities, response, remedial actions and impact related to the Information Security Incident using means that shall meet reasonable expectations of forensic admissibility; and iv. Provide reasonable assistance and cooperation as requested by Customer or Customer’s designated representatives, in the furtherance of any correction, remediation, or investigation of any Information Security Incident or the mitigation of any damage. (d) Public Communications. The content of any filings, communications, notices, press releases, or reports related to any Information Security Incident that may, directly or indirectly, identify Customer or any of its officers, directors, employees, personnel, or reference Customer in connection with its consultants, agents, representatives, clients, customers, vendors, suppliers or service providers (other than Business University + or Business University + Subprocessors) may request Customer’s prior written approval, unless otherwise required by law, prior to any publication or communication thereof. 7. International Provisions 7.1. Location of Processing. Customer acknowledges that, as of the Effective Date, Business University + primarily processes Personal Data in the United States of America. -7- 7.2. Jurisdiction Specific Terms. To the extent Business University + processes personal data originating from and protected by applicable Data Protection Law in one of the jurisdictions listed in Schedule 3 (Jurisdiction Specific Terms) of this DPA, the terms specified in Schedule 3 with respect to the applicable jurisdiction(s) apply in addition to the terms of this DPA. 7.3. Cross Border Data Transfer Mechanisms for Data Transfers. To the extent Customer’s use of the Product requires an onward transfer mechanism to lawfully transfer personal data from a jurisdiction (i.e., the European Economic Area (“EEA”), the United Kingdom, Switzerland, or any other jurisdiction listed in Schedule 3 to Business University + located outside of that jurisdiction (“Transfer Mechanism”), the terms set forth in Schedule 4 (Cross Border Transfer Mechanisms) will apply. 8. Failure to Perform. In the event that changes in law or regulation render performance of this DPA impossible or commercially unreasonable, the parties may renegotiate this DPA in good faith. If renegotiation would not cure the impossibility or the parties cannot reach an agreement, the parties may mutually agree to terminate the Agreement for convenience. 9. Updates. Business University + may update the terms of this DPA from time to time; provided, however, Business University + will provide at least thirty (30) days prior written notice to Customer when an update is required as a result of (a) changes in a Data Protection Law; (b) a merger, acquisition, or other similar transaction; or (c) the release of new products or services or material changes to the Product. 10. Contact. Customer may contact Business University + regarding this DPA or any of its privacy and security commitments by emailing [email protected] or mailing us at Business University +, Inc ATTN: Data Protection Officer 17100 Laguna Canyon Road, #100 Irvine, CA 92603 -8- Schedule 1 Details of Processing 1. Nature and Purpose of the Processing. Business University + will processing Personal Data as necessary to provide the Product pursuant to the Agreement. 2. Processing Activities. 2.1. For Customer Data: Business University + will process Customer Data to conduct its Legitimate Business Operations as well as the following activities (which may also be considered Legitimate Business Operations: ● Delivery of the functional capabilities of the Product as licensed, configured, and used by Customer and its end users; ● Troubleshooting; ● Preventing, detecting, and remediating issues with the Product or Customer’s or end user’s use of the Product; ● Auditing the use of the Product; ● Ongoing improvement to the Product and Business University + customer services. 2.2. For Customer Account Data and Product Generated Data: Business University + will process Customer Data to conduct its Legitimate Business Operations as well as the following activities (which may also be considered Legitimate Business Operations: ● Accounts and record services, including billing and account management; ● Administration services, including customer support, troubleshooting, and administrative assistance; ● Fraud and crime prevention, including preventing cybercrime or cyberattacks; ● Improving functionality of the Product or Business University + customer services; ● Internal operations related to account management, employee compensation, partner compensation, business modeling, reporting, financial reporting, and legal compliance. 3. Duration of Processing. The duration of processing of Customer Data by Business University + shall be for the duration in which Customer purchases and uses the Product. Business University + shall return Customer Data processed pursuant to this DPA following termination of the Customer’s use of the Product or , to the extent permitted under applicable law, delete or destroy Customer Data in accordance with industry standards. -9- 4. Categories of Data Subjects. The Personal Data transferred concern the following categories of data subjects: 4.1. For Customer Data: Customer’s end users. 4.2. For Customer Account Data: Customer’s employees, staff, and individuals authorized by Customer to access Customer’s Account or make use of the Product on Customer’s behalf. 4.3. Product Generated Data: Customer and Customer’s end users. 5. Categories of Personal Data. The following is a list of data categories processed by Business University +: 5.1. For Customer Data: Personal Data contained in Customer Data. Such data may include: ● Personal contact information (for example, name, email address, mailing address, phone number, user name, gender, date of birth) ; ● Account authentication data (for example user name, password or PIN code, security question, audit trail); ● Location data (for example, Cell ID, geo-location network data, location by start call/end of the call. Location data derived from use of wifi access points); ● Photos, video and audio; ● Internet activity (for example browsing history, search history, clicks, analytics data); ● Device identification (for example MAC address IMEI-number, SIM card number,); ● Unique identification numbers and signatures (for example IP addresses, unique identifier in tracking cookies or similar technology); ● Pseudonymous identifiers; ● Commercial Information (for example history of purchases, special offers, subscription information, payment history); ● Education data (for example education history, current education, grades and results, highest degree achieved, learning disability); ● Financial information (for example, bank account name and number, credit card name and number, payment behavior, creditworthiness); ● Information processed for the performance of a task carried out in the public interest or in the exercise of an official authority; ● Special categories of data (for example racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data concerning a natural person’s sex life or sexual orientation, or data relating to criminal convictions or offences); or ● Any other personal data identified in Article 4 of the GDPR. 5.2. For Customer Account Data: -10- ● Personal details, including any information that identifies the data subject and their personal characteristics, including: name, address, contact details, sex, and employment affiliation. ● Employment details, including information relating to the employment of the data subject, including employment affiliation. ● Financial details, including payment information related to the provision of the Product. ● Goods or services provided and related information, including details of the goods or services supplied, licenses issued, and contracts with Business University +. 5.3. For Product Generated Data: Data on the location of the device generated in the context of providing the Product, and the date, time, duration and the type of communication and activity logs used to identify the source of requests, optimize and maintain performance of the Product, and investigate and prevent system abuse. 6. Special Data Categories. The following special data categories may be processed by Business University +. As used herein, “special data categories” means any Personal Data or that falls within the definition of “special categories of data” under GDPR or any other applicable law or regulation relating to privacy and data protection. 6.1. For Customer Data: Special data categories may, from time to time, be processed where Customer or its end users choose to include such data within the communications or information that are transmitted using the Product. Customer is responsible for ensuring that suitable safeguards are in place prior to transmitting or processing, or prior to permitting Customer’s end users to transmit or process, any special data categories. 6.2. For Customer Account Data and Product Generated Data: Special data categories are not contained in Customer Account Data or Product Generated Data. -11- Schedule 2 Technical and Organizational Security Measures A description of the technical and organizational security measures implemented by Business University + is included as follows. Where applicable, this Schedule 3 shall serve as Annex II to the Standard Contractual Clauses. Measures of pseudonymisation and encryption of personal data: ● Personal data is encrypted in transit, at rest and protected by role-based access controls. Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services: ● Business University + ensures that user data access is restricted to business responsibilities or tasks based (i.e., Human Resources is the only team with access to HR data) Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident: ● Business University + ensures that all backups are regularly analyzed for successful recovery. Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing: ● Business University + ensures effectiveness of technical and organizational measures via internal and external assessments. Measures for user identification and authorisation: ● Users are required to authenticate via a password. ● Internal users access is role-based and leverages multi-factor authentication where possible. Measures for the protection of data during transmission: ● Business University + encrypts data in transit using secure SSL/TLS cryptographic protocols. ● Implementation of firewalls to secure networks. Measures for the protection of data during storage: ● Physical and infrastructure security. ● Implementation of firewalls to secure networks. -12- ● Protection against viruses, worms, and other data corruption threats. Measures for ensuring physical security of locations at which personal data are processed: ● Business University + utilizes subproccesors to store personal data. This data is widely held off site at different data centers throughout the country. These data centers have rigorous physical security controls in place, including but not limited to access control, monitoring, entry points, CCTV and intrusion detection. Business University + reviews these controls regularly. Measures for ensuring events logging: ● Business University + ensures that event logging covers the following activities: user activity, administrator and privileged user activity, processing activity, network and firewall activity, audit activity, and scanning. Measures for ensuring system configuration, including default configuration: ● Any computer or network devices utilized by Business University + implement a baseline configuration that includes but is not limited to: ○ removing and disabling unnecessary user accounts; ○ changing default or guessable account passwords to something non-obvious; ○ authenticating users before enabling internet-based access to sensitive data, or data critical to Business University + Measures for internal IT and IT security governance and management: ● In order to ensure internal and IT security governance and management, Business University + has developed an organization-wide information security policy, as well as enabled all employees to be knowledgeable about their role and responsibilities. Business University + also ensures that legal and regulatory requirements are reviewed regularly. Measures for certification/assurance of processes and products: ● In order to maintain certification/assurance of processes and products, Business University + continues to maintain data governance. Business University + ensures that rules for consent, data -13- subject requests and managing data subject complaints are defined. ● Business University + engages in external reviews and assessments to further validate implemented measures. Measures for ensuring data minimisation: ● Business University + ensures that only relevant and necessary information required is processed. Measures for ensuring data quality: ● Data that is processed is monitored to ensure it is accurate, complete and reliable. Measures for ensuring limited data retention: ● Business University + Customers determine what Member Data they route through the Business University + Services and how the Business University + Services are configured. ● If a Customer is unable to delete their Member Data, then Business University + deletes Customer Data upon the Customer’s written request, within the timeframe specified in the Data Processing Addendum and in accordance with Applicable Data Protection Law. Measures for ensuring accountability: ● Business University + will continue to ensure accountability. Business University + takes responsibility for complying with the UK GDPR, at the highest management level and throughout our organization ● We put in place appropriate technical and organizational measures, such as: ○ Adopting and implementing data protection policies; ○ Maintaining documentation of our processing activities; ○ Implementing appropriate security measures; ○ Carrying out data protection impact assessments for uses of personal data where necessary; -14- ○ Appointing a data protection officer (where necessary); ● Business University + reviews and updates our accountability measures at appropriate intervals. Measures for allowing data portability and ensuring erasure: ● Data subjects have the right to receive the personal data concerning them, which they have provided to a controller. Data subjects may request any and all personal data concerning them that they have provided to a controller to be erased. Additional Measures ● Business University + implements the following (but not limited to) technical and organizational measures: ○ maintaining information security policies and regularly reviewing as necessary; ○ system and event logging and other related monitoring procedures have been enabled; ○ establishing a patch management and vulnerability management program; ○ appointing a Data Protection Officer (DPO) Supplemental Safeguards ● With respect to Cross-Border Data Transfers pursuant to Standard Contractual Clauses only, Business University + offers the following supplemental safeguards: ○ If Business University + receives a valid and binding order from any governmental body for disclosure of its Personal Information, Business University + will use every reasonable effort to redirect the requesting party to request the Personal Information directly from Customer. ○ Business University + shall take no voluntary action pursuant to U.S. Executive Order 12333. ○ Business University + will truncate, hash, or encrypt Personal Information in transit from the European Economic Area. ○ Business University + will publish a transparency report indicating the types of binding legal demands for the Personal Information it has received, including national security orders and directives, -15- which shall encompass any process issued under FISA Section 702. -16- Schedule 3 Jurisdiction Specific Terms 1. California. 1.1. The definition of “Data Protection Law” will include the California Consumer Privacy Act (CCPA). 1.2. The following definitions are amended: 1.2.1. The definition of “Personal Data” includes “Personal Information” as defined in the CCPA. 1.2.2. The definition of “controller” includes “Business” as defined in the CCPA. 1.2.3. The definition of “processor” includes “Service Provider” as defined in the CCPA. 1.2.4. Where the term “data subject” is used in the DPA, it shall include “Consumer” as defined by the CCPA. Any data subject rights described in the DPA apply to Consumer rights. Customer is aware that Business University + is not able to verify requests from Customer’s Consumers or Consumers’ agents on behalf of Customer. 1.3. Business University + will process, retain, use, and disclose personal data only as necessary to provide the Product pursuant to the Agreement, which constitutes a business purpose. Business University + agrees not to (a) sell (as defined by the CCPA) Customer’s personal data or Customer end users’ personal data; (b)retain, use, or disclose Customer’s personal data for any commercial purpose (as defined by the CCPA) other than providing the Product; or (c) retain, use, or disclose Customer’s Personal Data outside of the scope of the Agreement. Business University + understands its obligations under the Applicable Data Protection Law and will comply with them. 1.4. Business University + certifies that its sub-processors, as described in Section 5.3 of this DPA, are Service Providers under CCPA, with whom Business University + has entered into a written contract that includes terms substantially similar to this DPA. 1.5. Business University + will implement and maintain reasonable security procedures and practices appropriate to the nature of the personal data it processes as set forth in Section 6 (Security) of this DPA. 2. European Economic Area (EEA). 2.1. The definition of “Applicable Data Protection Law” includes the General Data Protection Regulation (EU 2016/679) (“GDPR”). 2.2. Notwithstanding anything to the contrary in this DPA or in the Agreement (including, without limitation, either party’s indemnification obligations), neither party will be responsible for any GDPR fines issued or levied under Article 83 of the GDPR against the other party by a regulatory authority or governmental body in connection with such other party’s violation of the GDPR. -17- 3. United Kingdom (UK) 3.1. References in this DPA to GDPR will to that extent be deemed to be references to the corresponding laws of the United Kingdom (including the UK GDPR and Data Protection Act 2018). 3.2. Notwithstanding anything to the contrary in this DPA or in the Agreement (including, without limitation, either party’s indemnification obligations), neither party will be responsible for any UK GDPR fines issued or levied under Article 83 of the UK GDPR against the other party by a regulatory authority or governmental body in connection with such other party’s violation of the UK GDPR. 4. Canada. 4.1. The definition of “Applicable Data Protection Law” includes the Federal Personal Data Protection and Electronic Documents Act (PIPEDA). 5. Australia. 5.1. The definition of “Applicable Data Protection Law” includes the Australian Privacy Principles and the Australian Privacy Act (1988). 5.2. The definition of “personal data” includes “Personal Information” as defined under Applicable Data Protection Law. 5.3. The definition of “Sensitive Data” includes “Sensitive Information” as defined under Applicable Data Protection Law. 6. New Zealand. 6.1. The definition of “Applicable Data Protection Law” includes the New Zealand Privacy Act of 2020. 6.2. Customer is considered an “agency” under the New Zealand Privacy Act of 2020. 6.3. Business University + is also considered an “agency” under the New Zealand Privacy Act of 2020. 6.4. Subprocessors are “agencies” under the New Zealand Privacy Act of 2020. 6.5. For purposes of the New Zealand Privacy Act of 2020, Business University + is an agency that holds Personal Information as an agent for Customer, another agency, for processing that information. Accordingly, the Personal Information is treated as being held by Customer and not Business University +. By the same token, Subprocessors are agencies that receive and process Personal Information as agents for Customer, and the Personal Information is treated as being held by Customer. -18- Schedule 4 Cross-Border Transfer Mechanisms ,For data transfers that are subject to Standard Contractual Clauses, the Standard Contractual Clauses will be deemed entered into (and incorporated into this Addendum by this reference) as follows: 1. For Transfers from the European Economic Area or Switzerland 1.1. Attachment 1: (Module 1 (Controller to Controller) of the Standard Contractual Clauses approved by the European Commission in decision 2021/914 will apply where Business University + is processing Customer Account Data and Product Generated Data associated with Customer’s end users. 1.2. Attachment 2: (Module 2: Controller to Processor) of the Standard Contractual Clauses approved by the European Commission in decision 2021/914 will apply where Customer is a controller of Customer Data and Business University + is processing Customer Data. 1.3. Attachment 3: (Module 3: Processor to Processor) of the Standard Contractual Clauses approved by the European Commission in decision 2021/914 will apply where Customer is a processor of Customer Data and Business University + is processing Customer Data. 2. For Transfers From the United Kingdom 2.1. Attachment 4: (UK Controller to Processor) The Standard Contractual Clauses for data controller to data processor transfers approved by the European Commission in decision 2010/87/EU will apply where Customer is a controller of Customer Data and Business University + is processing Customer Data. 2.2. Attachment 5: (UK Controller to Controller) The Standard Contractual Clauses for data controller to data controller transfers approved by the European Commission in decision 2004/915/EC will apply where Business University + is processing Customer Account Data or Product Generated Data. 3. Conflict. To the extent there is any conflict between the Standard Contractual Clauses, and any other terms in this DPA or the Agreement provisions of the Standard Contractual Clauses will prevail
ACCEPTABLE USE POLICY
All defined terms used in this Acceptable Use Policy will have the meanings set forth in the Business University + Terms of Service Agreement (“TOS”).
Introduction.
At Business University +, the most important thing to us is helping knowledge entrepreneurs build and grow their businesses. Our Product is used by people in over one hundred countries, each having diverse cultures and sharing content in dozens of languages. We want our customers to feel empowered to communicate and to share their knowledge, and we take seriously our role in keeping abuse off of our Product. That’s why we’ve developed this Acceptable Use Policy to outline what is and is not allowed on Business University +.
The goal of Business University + has always been to create a place where our customers can share their knowledge and grow their businesses. This may mean that our customers want to share diverse views, experiences, ideas, and information. We believe that our customers should be able to talk openly about the issues that matter to them, even if some may disagree or find them objectionable or offensive.
We are committed to our customers’ rights to express themselves, but we recognize the internet creates new and increased opportunities for abuse. For these reasons, when we limit expression, we do it in service of one or more of the following values: safety, privacy, and authenticity.
This Acceptable Use Policy applies to everyone, all around the world, and to all types of content. They’re designed to be comprehensive – for example, content that might not be considered hateful may still be removed for violating a different policy. The consequences for violating our Acceptable Use Policy, the TOS, or our other policies vary depending on the severity of the violation and the person's history on the platform. For instance, we may warn someone for a first violation, but if they continue to violate our policies, we may restrict their use of our Product or terminate their account. We also may notify law enforcement when we believe there is a genuine risk of physical harm or a direct threat to public safety.
Our Acceptable Use Policy is a guide for what is and isn’t allowed on our Product. It is in this spirit that we ask our customers to follow these guidelines.
Legal Compliance.
You must use the Product in compliance with, and only as permitted by, applicable law. The use of our Product in conjunction with other tools or resources in furtherance of any of the unacceptable uses we describe is also prohibited.
Your Responsibilities.
You are responsible for your conduct, Content, and communications with others while using the Product. You must comply with the following requirements when using the Product. If we become aware of any conduct or Content that falls outside the bounds of what is acceptable under this policy, we will take all appropriate action, including removing it and reporting it, as well as suspending or terminating your account. We also take steps to prevent uses of our Product that are contrary to the spirit of this policy.
- Unless authorized by Business University + in writing, you may not probe, scan, or test the vulnerability or security of the Product or any Business University + system or network.
- Unless authorized by Business University + in writing, you may not use any manual or automated system or software to extract or scrape data from websites or other interfaces through which we make our Product available.
- You may not use the Product to commit an unlawful activity; or use the Product for activities where use or failure of the Product could lead to physical damage, death, mental harm, or personal injury.
- You may not purchase, use, or access the Product for the purpose of building a product or service that is competitive to Business University + or for any other competitive purposes.
- You may not misuse our Product by interfering with its normal operation or attempting to access it using a method other than through the interfaces and instructions that we provide.
- You may not circumvent or attempt to circumvent any limitations that Business University + imposes on your account (such as by opening up a new account to create or distribute Content that we have closed for a violation of our terms or policies).
- You may not deny others access to, or reverse engineer, the Product, or assist anyone else to do so, to the extent such restriction is permitted by law.
- You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Product.
- You may not use the Product to infringe the intellectual property rights of others.
- Unless authorized by Business University + in writing, you may not resell or lease the Product.
- If your use of the Product requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Business University + has agreed with you in writing otherwise. You may not use the Product in a way that would subject Business University + to those industry-specific regulations without obtaining Business University + prior written agreement.
- You may not post or upload any Content that contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords, unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent. You may not use the Product to collect, store, or process any protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA), any applicable health privacy regulation, or any other applicable law governing the processing, use, or disclosure of health information.
- You may not register accounts by “bots” or other automated methods.
- We may offer content such as images or video that are provided by third parties. You may use that material solely in your content. Business University + may modify or revoke that permission at any time at our sole discretion. In using such material, you may not imply that your content is affiliated with or run or endorsed by any company, product, brand, or service depicted in that material unless you have obtained their permission.
- You may not engage in abusive or excessive usage of the Product, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Product for other users. Business University + will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Business University +.
- To the extent that you use the Product to record or monitor calls or other communications, failing to comply with all applicable laws related thereto, including securing any required prior consents.
Phishing and Security
We strive to protect the security of all our users. We take specific measures to ensure recipients are not misled by content used for fraudulent or malicious purposes. We will suspend any use of the Product that come to our attention that:
- attempts to collect social security numbers, credit card numbers (other than solely for collecting payment through an authorized payment processor as permitted by the Product), passwords, or other similar types of sensitive information;
- publishes a person’s sensitive identifying information against their wishes;
- is intended to deceive or mislead recipients, including by linking to websites with malicious software such as malware; or
- knowingly and artificially boosts or inflates a website or webpage’s search engine ranking.
Privacy and Impersonation
Your users provide information with the expectation that their information will be handled respectfully and not abused. Accordingly, you are responsible for complying with all applicable data protection laws and regulations with respect to any data that you submit to or collect through our Product. For more information, please review our Privacy Policy and Terms of Service.
- We encourage you to disclose your privacy practices when you use the Product and, if you do, we require you to act in accordance with those practices.
- You may not claim that any use of our Product is anonymous when it is not.
- You may not impersonate others when using the Product or collecting information.
Cybersquatting
We don’t like username extortionists. If you purchase a Business University + product account in someone else’s name and then try to sell that account to them, you are cybersquatting. Cybersquatting accounts are subject to immediate cancelation.
Spam
We treat our users’ names, email addresses, mobile numbers, and other personally identifiable information with respect and expect our users who collect such information to do the same. You must abide by all provisions of our Anti-Spam Policy.
Misinformation and Disinformation
We remove content deemed to be misinformation or disinformation and may report information related to that content to law enforcement authorities if we become aware of, or believe that, a genuine risk of harm or threat to public safety exists. Examples include but are not limited to:
- Using our Product to directly or indirectly spread medical misinformation that contradicts governmental health authorities’ medical information or guidance. Medical and scientific claims must be true and supported by documented evidence.
- Using fabricated or manipulated content that may cause harm to public safety and that would likely mislead the average person to believe that the content is authentic.
Violence and Hate Speech
We remove content and may report information related to that content to law enforcement authorities if we become aware of, or believe that, a genuine risk of harm or threat to public safety and health exists.
- Our Product may not be used to directly or indirectly threaten or attack others, or to organize or incite violence, harassment, or property damage.
- Our Product may not be used for hate speech, or to promote, condone, or fund such acts. Examples of hate speech include attacking or advocating for the abuse or exclusion of people based on their ethnicity, national origin, political or religious affiliations, gender, sexual orientation, genetic predisposition, disability, medical or physical condition, veteran status, or any other protected classes under applicable law. You may not use our Product to promote or support organizations, platforms, or people that promote or condone such hate or threaten or condone violence to further a cause.
- Our Product may not be used to promote or glorify self-harm.
Anti-Discrimination Policy
Business University +is committed to inclusion. We are an equal opportunity organization and will not allow discrimination based upon race, color, religion, national origin or citizenship status, sex, gender identity or expression, pregnancy, sexual orientation, age, size, disability, military status, socioeconomic background, or any other status prohibited by applicable law.
If you use our Product, you must be willing and able to attest that you do not discriminate on any of the above grounds in order to receive services from us. External evidence, such as negative publicity or social media, that reveals such discrimination, hate speech, or disrespectful or bullying behavior, as determined by us in our sole discretion, may be taken into consideration. We reserve the right to refuse service to anyone for any reason at any time.
Illegal Activity
You may not offer goods or services, or post or upload Content, that contravene or that facilitate or promote activities that contravene the laws of the jurisdiction in which you operate or do business.
Terrorist Organizations
You may not offer goods or services, or post or upload Content, that imply or promote support or funding of, or membership in, a terrorist organization.
Child Exploitation
You may not offer goods or services, or post or upload Content that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner, or asking for personally identifiable information.
Pornography and Offensive Graphic Material
You may not offer goods or services, or post or upload Content that is defamatory, obscene, indecent, offensive, abusive, or otherwise objectionable. You may not include pornographic or gratuitously graphic violent material.
Fraud and Deception
You may not use our Product that purposefully deceives, willfully represents, or otherwise defrauds or exploits others for money or property. This includes any Content that provides instruction on, engagnes in, or coordinates, encourages, or promotes such activities.
Intellectual Property Infringement
We require that all our users respect the intellectual property rights of others. You must have the appropriate rights to any Content you use or include through the use of our Product.
We may, at any time and without notice, remove any Content and suspend or terminate your account or access to our Product if you engage in any of the activities that violate this Policy, including activities outside of your use of the Product.
We have the right, but not the obligation, to monitor or investigate any Content and your use of the Product at any time for compliance with this Policy and the TOS or any other agreement between you and Business University + governing your use of the Product. Our determination of whether a violation of any of these terms has occurred will be final and binding and any action taken with respect to enforcing this policy or any other terms, including taking now action at all, will be at our sole discretion.
Business University + may modify this Policy at any time by posting a revised version at Our Policy Center. By continuing to use the Product or access your account after a revised version of this Policy has been posted, you agree to comply with the latest version.
If you identify content that you believe is in violation of this policy, you may file an abuse report at [email protected]. Please include the URL of the website at issue or other relevant information.
Anti-Spam Policy
Email, Text Messages, and Prohibited Content
Your use of Business University + website, product and services is subject to this policy. If you are found to be in violation of our policies at any time, as determined by Business University + in its sole discretion, we may warn you or suspend or terminate your account. Please note that, in accordance with the Business University + Terms of Services Agreement, we may change this policy at any time. It is your responsibility to keep up-to-date with and comply with this policy.
Email Requirements
The Business University + platform allows its customers to send marketing emails to their audiences to market their products and services. With regards to these emails, Business University + has a zero-tolerance spam policy. This means that all email message recipients must have opted-in, or otherwise validly consented to in accordance with all legal requirements applicable to you, receiving communications from you, the sender. Subscriber accounts may be terminated for sending unsolicited email or text messages.
Email messages sent in connection with your business must contain an “unsubscribe” link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. You will actively manage and process unsubscribe requests received by you directly within ten days of submission or as otherwise required by applicable laws, and update your email lists and contact list to reflect the unsubscribe requests.
You are responsible for ensuring that the email messages you send in connection with your business do not generate a number of spam complaints or bounce rates in excess of industry standards. If Business University + determines that your level of spam complaints or bounce rate is higher than industry standards, Business University +, at its sole discretion, has the right to suspend or terminate your use of our website, products, and services. If you receive low response rates, high complaint rates, high bounce rates, or user complaints, we may request additional information regarding your mailing lists and sending practices to investigate and attempt to resolve the problem, or in some cases we may suspend or remove email privileges on your account.
Restrictions
- Emails you send via Business University + must have a valid reply-to email address owned or managed by you.
- You can only use Business University + to send emails to lists of people that gave you permission to email them. If you do not have proof that each recipient on your list opted-in for your emails, do not import them into Business University + .
- We prohibit the use of third-party, purchased, or rented mailing lists unless you are able to provide proof that individuals on the list have opted-in to receiving emails of the type you will be sending them.
- You must not send unsolicited mail to newsgroups, message boards, distribution lists, or email addresses.
- You must not utilize Business University + product to send any electronic mail messages in a way not permitted by applicable law or to any recipient who has opted-out, unsubscribed, or otherwise objected to receiving such marketing messages from you or another party on whose behalf you may be commissioned.
- You must not use Business University + to send emails with deceptive subject lines or false or misleading header information.
Reporting Spam
If you suspect that Business University + has been used by someone to send spam, please contact us immediately at legal@businessuniversityplus.com and we will investigate the matter.
Guidelines for Information Requests
Introduction
Business University + supports thousands of students, who in turn work with people across the globe — it is absolutely essential for us to maintain the trust of our students and their members. Some of our entrepreneurs occasionally find themselves in legal disputes, which might create a need for information about a particular entrepreneur, member, user, or transaction. These guidelines explain how we handle these requests, and how we balance our legal obligations, the needs of the requesting party, and the privacy rights of our entrepreneurs and their members. Please note that if you are a Business University + student, a member of an entrepreneur, or other user seeking access to your own information, you do not need to follow these procedures — please consult our Privacy Policy for more information about your right of access.
In these guidelines, we provide information about the conditions under which Business University + will disclose information it holds. But initially, some first principles:
- When a third party requests non-public information (such as personal or financial information), Business University + will not share this information absent an enforceable court order, subpoena or search warrant, or written authorization from the party whose information is requested.
- Business University + will notify affected users if we believe we are legally required to provide their information to a requesting party, unless we are prohibited by law from doing so.
- When a third party requests information about one of our entrepreneurs, Business University + will not provide information about the individual’s activity as an entrepreneur, member, partner, or consumer using Business University + product, unless the legal request or court order specifically requests this additional information and has followed proper notice requirements to the entrepreneur where required.
- When a third party requests information about an entrepreneur, we generally will not also provide information about that entrepreneur’s members. We consider this information to be in the control and custody of our entrepreneur, who is the controller of this information. If you are requesting information about an entrepreneur’s members, please send your request directly to the relevant entrepreneur.
- Business University + will narrowly construe the language of the request.
Business University + Terminology
In order to understand what information we hold, you should understand a few terms that we commonly use when talking about our business:
- “Entrepreneurs” are individuals who use Business University + ecommerce platform to power their businesses in any capacity. When we talk about entrepreneurs, we include all individuals who access Business University + on behalf of a business (or multiple businesses) — not just the listed account owners.
- “Members” are individuals who visit, engage with, or make a purchase from a business operated by an entrepreneur.
- “Partners” are individuals who work with and provide a wide variety of ancillary services to entrepreneurs, such as: developing apps or themes that can be used in conjunction with an entrepreneur’s business; helping entrepreneurs build or set up their business or with other web development services; referring other potential entrepreneurs.
- “Business University + Payments” is one of many payment processing services available to entrepreneurs, and is currently offered through a partnership with Stripe Inc.
What Legal Process Should a Requesting Party Follow?
Criminal Matters
For criminal matters, we will respond to requests issued by United States courts with specific personal jurisdiction to compel us to produce the requested information — i.e., in matters concerning entrepreneurs within the US state in which a request is issued. We will only produce information regarding individuals within the jurisdiction of the requesting authority.
If you are submitting a request on behalf of a US court for information on an entrepreneur that is not located in the United States, we require that you follow the Mutual Legal Assistance Treaty process.
Finally, we will respond to a request from any other country that has jurisdiction over Business University + with respect to the particular information sought. If you are submitting a request from a country that does not have jurisdiction over Business University +, we require that you follow the Mutual Legal Assistance Treaty process.
Civil or Regulatory Matters
For civil matters, we will respond to requests issued by United States courts with specific personal jurisdiction to compel us to produce the requested information — i.e., in matters concerning entrepreneurs within the US state in which a request is issued. We will only produce information regarding individuals within the jurisdiction of the requesting authority.
If you are submitting a request on behalf of a US court for information on an entrepreneur that is not located in the United States, we require that you follow the Hague Evidence Convention (Letters Rogatory process).
Finally, we will respond to a request from any other country that has jurisdiction over Business University + with respect to the particular information sought. If you are submitting a request from a country that does not have jurisdiction over Business University +, we require that you follow the Hague Evidence Convention (Letters Rogatory process).
Once you have determined what information you need, Business University + may be served at the address provided for below (although we may be willing to accept email service in certain circumstances — to inquire about email service, please reach out to us via [email protected]).
Service by email is for Business University + convenience only and does not waive any objections, including lack of jurisdiction, subpoena power, or improper service.
What information do I need to provide in the court order?
Please provide enough information to uniquely identify the student or individual. Unique identifiers include the URL of the entrepreneur’s business or an email address.
A common name is not usually enough to identify an individual. Please do not provide us with an individual’s SSN/SIN, other government identification number, bank account number, or payment card number.
Will Business University + Voluntarily Disclose Non-Public Information to a Requesting Party?
No. Business University + will only disclose non-public information in response to an enforceable subpoena or court order from a court with jurisdiction to compel Business University + to disclose that information.
Will Business University + Notify Affected Entrepreneurs Before Disclosing Information?
Yes. Business University + strongly believes that any individual should be informed when we are required to produce their information in response to a legal request. We will notify the affected individual of the request (or, if we serve as the processor of the data, the affected entrepreneur) so that they may pursue legal action and prevent disclosure. The only circumstances in which we will not provide this notice is if we are legally prohibited from doing so.
If you receive a notice that Business University + has been compelled to produce your personal information, you may seek a protective order from a court. If you are able to provide us with such a protective order, we will object to the production demanded by the subpoena.
Does Business University + Charge Anything to Respond to a Legal Request?
We reserve the right to seek reimbursement for the costs associated with responding to legal requests (where permitted by law).
How Does Business University + Handle Data Preservation Orders?
Preservation orders may capture two types of information: shop data or metadata.
Shop data includes information such as data on an student themselves, the student communication with Business University + , as well as a business’s members, transactions, account ownership, and products. Business University + generally keeps shop data for the lifetime of the business, and does not require a preservation order to maintain this data. We may purge personal information within 60 days of an entrepreneur's deactivation, after which the identifiable information is no longer capable of being recovered.
Metadata includes information such as who accessed a website and when, and actions that an entrepreneur performed on its website. Metadata is generally kept for a short period of time — in some instances for only 12 days. As such, depending on when a request for metadata is made, and the period of time for which the metadata is sought, we may no longer have the ability to preserve or produce the requested data.
Legal requests to Business University Plus, Inc Should be directed to [email protected].
COPYRIGHT (“DMCA”) POLICY
Reporting Claims of Copyright Infringement
Business University + takes claims of copyright infringement very seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any materials accessible on or from our website or our product infringe your copyright, you may request removal of those materials (or access to them) from our website or product by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
- A statement that the information in the written notice is accurate.
- A statement that, under penalty of perjury, you are authorized to act on behalf of the copyright holder.
Our designated copyright agent to receive DMCA Notices is:
Legal Department
Business University Plus, Inc
[email protected]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on our website or using our product is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on our website or through our product was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabld and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which our website can be found) and that you will accept service from the person (or an agent of that person) who provided the DMCA Notice.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on our website or using our product was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is Business University + policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Cookie Notice
Effective Date:
When you visit the Business University + website, www.businessuniversityplus.com, Business University + and its service providers acting on its behalf automatically collect certain data using tracking technologies, for example, cookies, pixels, and web beacons. This notice describes our data collection and tracking practices. For more information about how we process information collected via our website and on our Product, as well as the choices and rights that consumers have regarding how we collect and process information about them, please see our Privacy Policy.
We also partner with third-party ad networks to either display advertising on our website or to manage our advertising on other websites. Our ad network partners use cookies, pixels, and other ad-targeting technologies to collect information about your activities on our website to provide you with targeted advertising based upon your interests. Instructions for opting out of interest-based advertising is set forth in this policy, but you can opt-out of interest-based advertising using the Network Advertising Initiative’s opt-out tool.
What are cookies and pixels?
A cookie is a small text file stored on a user’s device that may later be retrieved by a web server from the device. Cookies allow web servers to do certain things like remember the items you placed in a shopping cart or that you are logged in. Some cookies let us and service providers keep track of our website users’ browsing activities and connect certain activities into a session.
A pixel is a very small image that may be found within web pages and emails that requires a call to our servers in order for the pixel to be rendered in those web pages and emails—this call provides information about your device and visit. We use pixels to learn more about your interactions with email content or web content, such as whether you interacted with ads or posts. Pixels can also enable us and third parties to place cookies on your browser.
Are there different types of cookies?
Cookies typically are classified as either session cookies or persistent cookies. Session cookies disappear from your device or browser when you turn off your device. Persistent cookies remain on your browser even if you turn off your device. We use both persistent cookies and session cookies.
Can you stop us from setting cookies?
Yes, you can prevent a website, including ours, from setting cookies. However, if you do so, some parts of the website may not function properly or at all. Please see the Cookie Options section, below.
Does the Business University + Website respond to Do Not Track Signals?
Our website and services do not collect personal information about your online activities over time and across third-party websites or online services. Therefore, “do not track” signals transmitted from web browsers do not apply to our Product or services, and we do not alter any of our data collection and use practices upon receipt of such a signal.
Where can I learn more about cookies?
You can learn more about cookies at:
- www.allaboutcookies.org
- www.youronlinechoices.eu
- https://www.google.ie/policies/technologies/cookies/
What cookies does the Business University + Website use?
The following is a list of the cookies we use:
Income Claims & Earnings Disclaimer
INCOME AND EARNINGS DISCLAIMER
Business University Plus, a Delaware limited liability company, (“Business University +”) makes every effort to ensure that all the products and services presented on this website as well as in all other promotional materials, and their potential to earn income, are presented fairly and accurately. There is, however, no guarantee that you will make these levels of income or any income at all.
As with any business, individual results will vary greatly, and will be based on your individual capacity, business experience, knowledge, expertise, and level of desire, as well as your hard work and execution of your individual business strategies. There are no guarantees concerning the level of success you may experience. The testimonials and examples presented on this website, as well as in any other promotional materials, are exceptional results. Such exceptional results do not apply to the average user and are not intended to guarantee that any other party will achieve the same or similar results.
There is also no assurance that examples of past earnings can be duplicated in the future. Business University + cannot and does not guarantee your future results and/or success. As with any business, there are unknown risks that Business University + cannot foresee which can and may reduce the success you might experience and/or the revenues you might achieve.
Each potential user of Business University + programs, products, and services is advised to do his or her own due diligence when it comes to evaluating his or her earning potential utilizing Business University + products and services. All information, programs, products and services that have been provided should be independently verified by your own qualified professionals. All disclosures and disclaimers made on Business University + web site and/or in any other materials provided to you apply equally to any offers, prizes or incentives that may be made by Business University +.
You agree that Business University + is not responsible for the success or failure of your business decisions relating to and/or your use of Business University + programs, products and/or services. Business University + cannot and does not make any guarantees about your ability to get results or earn any money with Business University + programs, products and/or services.
Affiliate Program Agreement
By clicking on “I agree” (or a similar box or button) when you sign up to be a Business University + Partner or participate in any Partner Program activities, you agree to be bound by the following Affiliate Partner Program Agreement (the “Agreement”). The Agreement is between you, as partner (“You”, “Affiliate”, “Ambassador” or “Partner”), and Business University Plus, Inc (“Business University +”). Each of Partner and Business University + may be referred to as a “Party”, and together as the “Parties”. You can review the current version of the Agreement at any time at our Policy Page. Business University + reserves the right to update and change the Agreement by posting updates and changes on this website page. If a significant change is made, we will provide reasonable notice by email. You are advised to check the Agreement from time to time for any updates or changes that may impact You. Any reference to the Agreement includes any and all terms and documents incorporated by reference.
By agreeing to participate in the Affiliate Partner Program, You agree with and accept all of the terms and conditions contained in this Agreement, and Business University + other policies, including but not limited to Business University + Business University + Terms of Service and Privacy Policy, all of which are included in our Legal and Policy Center (collectively, “Business University + Policies”). For the avoidance of doubt, all such Business University + Policies form part of this Agreement and are incorporated by reference.
1. Partner Responsibilities
1.1. Marketing Activities
- Partner will bear all costs and expenses related to Partner’s marketing or promotion of Business University + or Partner’s products or services associated with Partner’s participation in the Partner Program (collectively, “Partner Marketing Activities”) in any area, location, territory or jurisdiction, unless otherwise determined by Business University + in its sole discretion.
- In no event will Partner engage in any Partner Marketing Activities except as expressly set forth in this Agreement. In conducting all Partner Marketing Activities, Partner will comply with all applicable laws, rules, regulations and directives, including but not limited to those relating to email marketing and “spamming”.
- Without limiting the generality of Section 1.1.2, Partner will (i) not send any email regarding Business University + to any individual or entity that has not requested such information; (ii) always include Partner’s contact information and “unsubscribe” information in any email regarding Business University + ; and (iii) not imply that such emails are being sent on behalf of Business University +.
- A Partner will not (i) engage in any fax, broadcast, telemarketing or any other offline marketing methods with respect to Business University + ; (ii) use malware, spyware or any other aggressive advertising or marketing methods in any of its dealings relating to Business University +; (iii) make any false, misleading or disparaging representations or statements with respect to Business University +; (iv) solicit any of Business University + customers to leave Business University +; (v) copy, resemble or mirror the look and feel of Business University + websites, Business University + Trademarks (as defined below) or Business University + services or otherwise misrepresent Partner’s affiliation with Business University +; or (vi) engage in any other practices that may adversely affect the credibility or reputation of Business University +, including but not limited to, sending email communications or using any website in any manner, or having any content on any website, that (a) uses aggressive or low-quality marketing, including marketing services that are unrelated to Business University + or the Partner’s services; (b) promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal or objectionable activities; or (c) violates any intellectual property or other proprietary rights of any third party; or (d) otherwise violates Business University + Policies, including but not limited to our Acceptable Use Policy.
- Anything Partner communicates in marketing or advertising any Business University + product, service or opportunity must be true and accurate. Claims that relate to any Business University + product, service or opportunity that are untrue or fraudulent are strictly prohibited. Partner may not claim that any government, person, or entity endorses or supports Business University + . Partner may not use the intellectual property of any other person or entity in advertising any Business University + product, service or opportunity.
1.2. Compliance with Laws
In addition to, and without limiting the provisions of this Agreement, Partner will perform its obligations under this Agreement in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations.
1.3 Unauthorized and Prohibited Activities
- Partner will not promote or advertise Business University + on coupon, deal, or discount sites or on GTP/Get Paid to Click or other incentivized sites, or display any offer code on a public-facing page or through the use of a “click to display” offer code.
- Partner will not use its links directly in any pay-per-click advertising;
- Partner will not purchase search engine or other pay-per-click keywords (such as Google AdWords), trademarks or domain names that use the Business University + Trademarks (as defined below) or any variations or misspellings thereof that may be deceptively or confusingly similar to the Business University + Trademarks.
- Partner will not create or participate in any third party networks or sub-affiliate networks without the express written permission of Business University +.
- Partner will not use or encourage any means of delivering fraudulent traffic, including but not limited to use of bots or toolbar traffic, cookie stuffing, or use of false or misleading links.
- Partner will not use direct linking to any page on any Business University + website, without prior written permission from Business University +.
- Partner will not mask its referral sites or use deceptive redirecting links.
- Partner will not disparage the products or services of any other person or entity, including without limitation the products or services of a competitor of Business University +, any other customer or partner of Business University +, or Business University +itself.
1.4. FTC Guidelines
- The Federal Trade Commission in the United States (“FTC”) has guidelines for governing endorsements and testimonials. These rules are aimed at increasing transparency between endorsers and consumers. As a member of the Partner Program with Business University +, Partner receives compensation for referrals made to Business University +. This may establish a “material connection” according to FTC rules, which creates an obligation for Partner to provide disclosure to consumers.
- Full compliance with these guidelines requires, among other things, that (a) Partner clearly and conspicuously disclose that Partner is being compensated for referring customers to Business University +; and (b) Partner is not engaged in misleading or deceptive advertising. For further information Partner should refer to the statement released by the FTC regarding these guidelines.
1.5. Other Partner Terms
- Partner must have an active Business University + customer account.
- Partner must have an active PayPal account in which to receive payment of any Referral Fees. This is the only method in which Business University + will pay You the Referral Fees. If you do not currently have a PayPal account, you can sign up here https://www.paypal.com/us/home.
- If the Partner is an individual, You must be the older of (i) 18 years; or (ii) at least the age of majority in the jurisdiction where You reside and from where You carry out Partner activities.
- You confirm that You are becoming a Partner for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- To become a Partner, Partner must create a Partner Account by providing all information indicated as required. Business University + may reject an application for a Partner Account for any reason, in its sole discretion. Partner acknowledges that Business University + will use the email address provided by Partner as the primary method for communication. Partner is responsible for keeping its Partner Account password secure. Business University + cannot and will not be liable for any loss or damage arising from Partner’s failure to maintain the security of the Partner Account and password.
- Partner acknowledges and agrees that Partner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Partner.
- Partner will promptly inform Business University + of any information known to Partner that could reasonably lead to a claim, demand or liability of or against Business University + by any third party.
- Partner acknowledges and agrees that Business University + may amend this Agreement at any time by posting the relevant amended and restated Partner Program Agreement on Business University + website, and such amendments to the Agreement are effective as of the date of posting. If a significant change is made, Business University +will provide reasonable notice by email. Partner’s continued participation in the Business University +Partner Program after the amended Partner Program Agreement is posted to Business University + website constitutes Partner’s agreement to, and acceptance of, the amended Agreement. If Partner does not agree to any changes to the Agreement, Partner must terminate the Agreement by discontinuing its participation in the Business University + Partner Program.
- Partner acknowledges and agrees that Partner’s participation in the Business University +Partner Program, including information transmitted to or stored by Business University +, is governed by the Business University +Policies
- If Partner’s recruiting efforts include claims related to the potential income a Business University +customer can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of Business University +, the following guidelines must be adhered to: (a) Your statements must be completely true and accurate and supported by evidence; (b) if You use a hypothetical scenario, You must clearly label it as a hypothetical scenario; and (c) Your statements must be accompanied by the Business University +Income Disclosure Statement.
2. Referral Fees
2.1. Payment of Fees
- Upon acceptance into the Partner Program, You will be assigned one or more unique Partner URLs that You will use to advertise Business University +. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a Business University + account by using Your Partner URL, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event that a Prospect has multiple Partner Cookies, the most recently-acquired Cookie will determine which Partner is credited with a Sale. In the event that a Sold Account later upgrades its Business University + account, such upgrade will be credited to the Partner that was the original referring Partner, despite the fact that such update may have come through a different Partner account.
- Subject to Partner’s compliance with this Agreement, You will be entitled to a referral fee for each Sold Account that generates a payment to Business University + monthly or annually. The referral fee amount is 30% of all fees received by Business University + for a Sold Account (the “Referral Fees”). Payments of any Referral Fees will be made on the 25th of each month following Business University + receipt of such payments.
- Referral Fees are paid only for transactions that actually occur between Business University + and a Prospect. If the transaction does not actually occur, or if payment from a Sale is not actually received by Business University +, You will not be paid a Referral Fee on the transaction. If a referral does not link or attach to Your Partner account within 30 days from such referral’s subscribing to Business University + services, such referral will not be deemed Your Sold Account and You will not be entitled to any Referral Fees from such referral. In order for an account to be linked to your Partner account, a referral must either use your affiliate link directly or reach out to [email protected] within those first 30 days requesting to be linked. If payment for a Sold Account later results in a refund or charge-back, and if a Referral Fee was paid to You for that Sold Account payment, then the applicable Referral Fee will be deducted from any future Referral Fees. If Business University + determines, in its reasonable discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement, in addition to Business University + rights under Section 3.1, no Referral Fees will be paid to You for such Sale, or if such violation or fraud is discovered by Business University + after payment, such amounts shall be deducted from any future Referral Fees. A referral may request at any time to be removed from Your Partner Account and upon such request, You will no longer be entitled to receive any Referral Fees for such referral.
- No Referral Fees will be paid on any Sold Account that is an affiliated business of the applicable Partner.
- Prospects that are referred to Business University + through a customer account that is not a participant in the Partner Program will receive an email notification from Business University + inviting them to join the Partner Program. Referral Fees from such referrals will be paid if the customer joins the Partner Program within two (2) months of such notification. If the customer does not join the Partner Program within such two (2) month period, such Referral Fees will be forfeited even if such customer later joins the Partner Program.
2.2. Partner Representations; Taxes
- Partner hereby represents and warrants to Company that You are engaged in an independent business enterprise, and that You have complied with all business requirements necessary to operate Partner's business, if any, such as licensing, tax and other business operation requirements.
- You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any Referral Fees You receive from Business University + . If You are not a resident of the United States, Business University + may withhold tax (including without limitation VAT) where required to by applicable law. Where Business University + is required to withhold tax, Business University + will document such withholding.
2.3. Inventory Loading/Rebates
Partner will not be paid any Referral Fees for payments made on Your own User Account(s). Partner is not permitted to open a Business University + account under the name of another person or entity, or under a fictitious name. Partner is not permitted to open a Business University + account under any name merely for the purpose of obtaining Referral Fees or any other compensation, including without limitation incentives or prizes that may be offered from time to time. Partner may not pay for another person’s account. Partner is not permitted to refer itself or any affiliated business. Partner is not permitted to offer cash rebates or other monetary incentives to actual or potential Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to Business University + all Referral Fees earned as a result of any such violation.
3. Termination
3.1. Termination
- Unless otherwise specified in the Agreement, any Party may terminate this Agreement at any time, with or without cause, effective immediately upon notice to another Party.
- Fraudulent or other unacceptable behavior by Partner, including breach of this Agreement or any Business University + Policies, as determined by Business University + in its sole discretion, may result in one or more of the following actions being taken by Business University +: (a) termination of Your affiliation with Business University + in its entirety and termination of all services provided to You; (b) suspension of some or all of Your privileges under the Partner Program; and/or (c) termination of Your Partner account entirely without notice to, or recourse for, You, in which case You shall forfeit all Referral Fees owed to You, either as of the date of termination or thereafter accruing.
- At any time that your Business University + customer account is cancelled or suspended by either Party, Partner’s participation in the Partner Program shall be automatically terminated and Partner shall no longer be entitled to any further Referral Fees. If Partner later activates a Business University + customer account, Partner will be entitled to apply for participation in the Partner Program and to earn Referral Fees on any new Sold Accounts. For the purpose of clarity, Partner will forfeit all Referral Fees from its Sold Accounts prior to such termination.
3.2. Results of Termination
- Upon termination of this Agreement: (a) Partner will immediately cease displaying any Business University + Materials (as defined below) or any Business University + Trademarks (as defined below) on any website or otherwise; and (b) all rights granted to Partner under this Agreement will immediately cease, including but not limited to the right of Partner to access the Partner Account and Partner Dashboard, or to receive any payments of Referral Fees under this Agreement, unless otherwise determined by Business University + in its sole discretion.
- This Section 3.2 and the following Sections will survive any termination or expiration of this Agreement: Section 4.5 (Proprietary Rights of Business University + ), Section 5 (Confidentiality), Section 6 (Disclaimer of Warranty), Section 7 (Limitation of Liability and Indemnification), and Section 8 (General Provisions). In addition, any provisions of this Agreement that by their nature are intended to survive, will survive termination.
4. Intellectual Property Rights
4.1. Business University + Materials
- All Business University + Materials will be solely created and provided by Business University + unless otherwise agreed to by Business University + in writing in advance. Business University + will provide Partner with copies of, or access to, Business University + Materials. By using the Business University + Materials, You indicate Your acceptance of our usage guidelines set forth in this Agreement and You understand that a violation of these guidelines or this Agreement will result in the termination of Your license or permission to use the Business University + Materials. The Business University + Materials are provided “as is” and without warranty of any kind.
- Partner may display Business University + Materials on its websites solely for the purpose of marketing and promoting Business University + and its products and services during the term of this Agreement, or until such time as Business University + may, upon reasonable prior notice, instruct Partner to cease displaying the Business University + Materials. Partner may not alter, amend, adapt or translate the Business University + Materials without Business University + prior written consent. Nothing contained in any Business University + Materials will in any way be deemed a representation or warranty of Business University + . The Business University + Materials will at all times be the sole and exclusive property of Business University + and no rights of ownership will at any time vest with Partner even in such instances where Partner has been authorized by Business University + to make changes or modifications to the Business University + Materials.
- “Business University + Materials” means any marketing or promotional materials relating to Business University + or its platform or products, including but not limited to copyrighted content, hypertext links, domain names, icons, buttons, banners, graphic files, images and the Business University + Trademarks.
4.2. Business University + Trademarks
- During the term of this Agreement, Business University + hereby grants to Partner a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to display the Business University + Trademarks for the sole purpose of marketing and promoting Business University + and its products and services. Partner acknowledges and agrees that: (a) it will use Business University + Trademarks only as permitted under this Agreement; (b) it will use the Business University + Trademarks in a lawful manner and in strict compliance with all format(s), guidelines, standards and other requirements prescribed by Business University + in writing from time to time; (c) the Business University + Trademarks are and will remain the sole property of Business University + ; (d) nothing in this Agreement will confer in Partner any right of ownership in the Business University + Trademarks and all use thereof by Partner will inure to the benefit of Business University +; (e) Partner will not, now or in the future, apply for or contest the validity of any Business University + Trademarks; and (f) Partner will not, now or in the future, apply for or use any term or mark confusingly similar to any Business University + Trademarks.
- “Business University + Trademarks” means the trademarks, logos, service marks and trade names of Business University +, whether registered or unregistered, including but not limited to the word mark Business University + and the “BU+” design.
4.3. Trademark Usage Guidelines
Partner shall only use and visually present the Business University + Trademarks as follows. Partner agrees that Your use of the Business University + Trademarks in violation of these guidelines will result in automatic termination of Your participation in the Partner Program, this Agreement, and the license and/or permission to use the Business University + Trademarks.
- Your use must not mislead consumers as to our sponsorship of, affiliation with or endorsement of your company or your products or services.
- The Business University + Trademarks are our exclusive property. All goodwill that results from Your use of the Business University + Trademarks will be solely to our benefit. You will not take any action that is at odds with our rights or ownership of the Business University + Trademarks.
- The Business University + Trademarks must be used in a respectful manner. The Business University + Trademarks may not be used in a way that harms us, our products or services, or in a manner which, in our opinion, lessens or otherwise damages our reputation or the goodwill in our brand assets. You may not associate the Business University + Trademarks or any other of our brand assets with any illicit or illegal activities or use them in a way that is deceptive or harmful.
- You may use the Business University +® mark to advertise Business University +in your non-paid advertising. Any time You use the Business University +® mark, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for Business University +. Whether Your use of Business University +® is confusing will be determined by Business University +in Business University +’ sole and absolute discretion.
- Any time You use the word “Business University +” it must be immediately followed by the “Circle R” “®” denoting it as a registered trademark of Business University +, Inc.
You must plainly display (i.e., not in a link, or in small font) the following disclaimer in any website, social media site, email, and/or other communication or media You choose to use: I am not an employee, agent or representative of Business University +, Inc. Business University + does not in any way endorse my products or services. I am an independent Business University + Partner and I receive referral payments from Business University + in this role. All opinions expressed herein are my own and are not official statements of Business University + or any party affiliated with Business University +.
4.4. Restrictions on Partner’s Use of the Business University + Trademarks
Notwithstanding Section 4.1, Partner will not:
- use the Business University + Trademarks or variations or misspellings thereof in Partner’s business name, logo, branding, advertising, social media or domain name (including without limitation top-level domains, sub-domains and page URLs), products or services (including without limitation, in the name or design of any application or theme), unless granted express written permission by Business University + in advance of each use; or
- purchase or register search engine or other pay-per-click keywords (such as Google AdWords), trademarks, email addresses or domain names that use the Business University + Trademarks or any variations or misspellings thereof that may be deceptively or confusingly similar to the Business University + Trademarks.
4.5. Proprietary Rights of Business University +
As between Partner and Business University +, the Business University + Materials, Business University + Trademarks, all information relating to Business University + products and services, and all software, documentation, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites, and any additional intellectual or other property used by or on behalf of Business University + or otherwise related to Business University + services, the Partner Program, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and appurtenant thereto (collectively, “Business University + Property”) will be and remain the sole and exclusive property of Business University + . To the extent, if any, that ownership of any Business University + Property does not automatically vest in Business University + by virtue of this Agreement, or otherwise, and vests in Partner, Partner hereby transfers and assigns to Business University + , upon the creation thereof, all rights, title and interest Partner may have in and to such Business University + Property (and waives any and all moral rights, as applicable), including the right to sue and recover for past, present and future violations thereof.
5. Confidentiality
5.1 Definition
“Confidential Information” will include, but will not be limited to, any and all information associated with a Party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. For the avoidance of doubt, as between Business University + and Partner, any information related to a Business University + customer or other partner is the Confidential Information of Business University +.
5.2 Covenants
Each Party agrees to use the other Party’s’ Confidential Information solely as necessary for performing its obligations under this Agreement and in accordance with any other obligations in this Agreement including this Section 5. Each Party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such Party’s obligations under this Agreement, who each will treat such Confidential Information as provided in this Agreement, and who are each subject to obligations of confidentiality to such Party that are at least as stringent as those contained in this Agreement; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement, provided that, if legally permitted, the receiving Party will give the disclosing Party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving Party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving Party, at the time of disclosure of such information; (B) is independently developed by the receiving Party without use of or reference to the other Party’s/ies’ Confidential Information, and without breaching any provisions of this Agreement; or (C) is thereafter rightly obtained by the receiving Party from a source other than the disclosing Party without breaching any provision of this Agreement.
6. Disclaimer of Warranty
The Business University + Partner Program, the Business University + products and services, the Business University + Trademarks, and the Business University + Materials are provided “as-is”. Business University + makes no warranties under this Agreement, and Business University + expressly disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose. Without limiting the foregoing, Business University + further disclaims all representations and warranties, express or implied, that the Business University + products and services, the Business University + Trademarks, or the Business University + Materials satisfy all of Partner’s requirements and or will be uninterrupted, error-free or free from harmful components.
7. Limitation of Liability and Indemnification
7.1. Limitation of Liability
Business University + will have no liability with respect to the Business University + Affiliate Partner Program, the Business University + products and services, the Business University + Trademarks, the Business University + Materials or Business University + obligations under this Agreement or otherwise for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for losses of profits, goodwill, use, data or other intangible losses resulting in any way from Business University + products and services, the Business University + Trademarks, the Business University + Materials or Partner’s participation or inability to participate in the Business University + Partner Program, even if Business University + has been advised of the possibility of such damages. In any event, Business University + liability to Partner under this Agreement for any reason will be limited to the Referral Fees paid to Partner by Business University + during the six (6) month period immediately preceding the event giving rise to the claim for damages. This limitation applies to all causes of action in the aggregate, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The foregoing limitations will apply to the fullest extent permitted by applicable law.
7.2. Partner Indemnification
Partner agrees to indemnify, defend and hold harmless Business University + and the directors, managers, officers, owners, employees, subcontractors and agents thereof (each, an “Indemnified Party”, and collectively, the “Indemnified Parties”), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees (collectively, “claims”), to the extent that such claim is based upon or arises out of: (a) Partner’s breach of any representation, warranty, obligation or covenant under this Agreement; (b) Partner’s negligence or wilful misconduct; (c) any warranty, condition, representation, indemnity or guarantee relating to Business University + granted by Partner to any third party; (d) Partner’s breach of any term of this Agreement or the Business University + Policies (including any documents it incorporates by reference); (e) any third party claim that Partner’s products or services infringes the intellectual property or other rights of a third party; (f) Partner’s taxes, including any audits or penalties related thereto; (g) the performance, non-performance or improper performance of the Partner’s products or services; and (h) Partner’s non-compliance or violation of any applicable laws, rules or regulations, including the FTC guidelines.
7.3. Notice of Indemnification
In claiming any indemnification under this Agreement, the Indemnified Party will promptly provide Partner with written notice of any claim that the Indemnified Party believes falls within the scope of the indemnifications provided under this Agreement. The Indemnified Party may, at its own expense, assist in the defense if it so chooses, provided that Partner will control such defense and all negotiations relative to the settlement of any such claim and further provided that in settling any claim the Partner will not make any admission on behalf of the Indemnified Party or agree to any terms or conditions that do or reasonably could result in any admission by, or the imposition of any liability upon, the Indemnified Party without the prior written approval of the Indemnified Party.
8. General provisions
8.1. Force Majeure
Business University + will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control including acts of God, labor disputes or other industrial disturbances, pandemics, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
8.2. Independent Contractors
The Parties to this Agreement are independent contractors. Neither Party is an agent, employee, representative or related entity of the other Party. Neither Business University + nor the Partner will have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or otherwise bind, the other Party. This Agreement will not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party.
8.3. Non-Exclusivity
Nothing in this Agreement is intended to create, nor will it be construed as creating, any exclusive arrangement between the Parties to this Agreement. This Agreement will not restrict either Party from entering into similar arrangements with others, provided it does not breach its obligations under this Agreement by doing so, including without limitation, any confidentiality obligations.
8.4. Notice
Any notice, approval, request, authorization, direction or other communication under this Agreement will be given in writing and will be deemed to have been delivered and given for all purposes (a) on the delivery date if delivered personally, or by email to Partner’s email address listed in the Partner Account, and to [email protected]; (b) two (2) business days after deposit with an internationally recognized commercial overnight courier service, with written verification of receipt; or (c) five (5) business days after deposit in certified or registered mail, return receipt requested, postage and charges prepaid. Notice will be sent to the Partner at the address provided in the Partner Account.
8.5. No Waiver
The failure of any Party to insist upon or enforce strict performance by another Party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. Each waiver will be set forth in a written instrument signed by the waiving Party.
8.6. Entire Agreement
This Agreement, including all Business University + Policies listed on businessuniversityplus.com, any completed application form and all guidelines and other documents linked or otherwise incorporated or referenced in this Agreement, sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the Parties with respect to the subject matter hereof (including, but not limited to, any prior version of this Agreement). Neither Business University + nor the Partner will be bound by, and each Party specifically objects to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is proffered by another Party in any correspondence or other document, unless the Party to be bound thereby specifically agrees to such provision in writing.
8.7. Assignment
All the terms and provisions of this Agreement will be binding upon and inure to the benefit of the Parties to this Agreement and to their respective heirs, successors, permitted assigns and legal representatives. Business University + will be permitted to assign this Agreement without notice to or consent from Partner. Partner will have no right to assign or otherwise transfer this Agreement, or any of its rights or obligations under this Agreement, to any third party without Business University + prior written consent, to be given or withheld in Business University + sole discretion.
8.8. Applicable Laws
This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.
The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Orange County, California and appellate courts having jurisdiction of appeals from such courts with respect to any dispute or claim arising out of or in connection with this Agreement.
8.9. Competitive or Similar Materials
Business University + is not precluded from discussing, reviewing, developing for itself, having developed, acquiring, licensing or developing for or by third parties, as well as marketing and distributing materials, products or services that are competitive with Partner’s products or services, provided that Business University + does not use Partner’s Confidential Information in so doing.
8.10. Modifications to this Agreement
Business University + may modify this Agreement (including any Business University + Policies) at any time by posting a revised version on the Business University + website or by otherwise notifying Partner in accordance with Section 8.4. By continuing to participate in the Partner Program after the effective date of any modifications to this Agreement, Partner agrees to be bound by the modified terms. It is Your responsibility to check the Business University + website regularly for modifications to this Agreement. We last modified this Agreement on the date listed on the end of this Agreement.
8.11. Language
All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.
8.12. Non-exclusive remedies
In the event of any breach or threatened breach by Partner of any provision of this Agreement, in addition to all other rights and remedies available to Business University + under this Agreement and under applicable law, Business University + will have the right to (a) immediately enjoin all such activity, without the necessity of showing damages or posting bond or other security; (b) immediately terminate this Agreement and Partner’s access to the Partner Program; (c) receive a prompt refund of all amounts paid to Partner under this Agreement;and (d) be indemnified for any losses, damages or liability incurred by Business University + in connection with such violation, in accordance with the provisions of Section 7.
8.12. Severability
If any provision of this Agreement is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision of the Agreement, and the Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained within the Agreement.
8.13 Business University + Right to Monitor
Business University + has the right, but not the obligation, to monitor or investigate any Partner website and Your use of Business University + products or services at any time for compliance with this Agreement or the Business University + Policies. Our determination of whether a violation of any of these terms has occurred will be final and binding and any action taken with respect to enforcing this Agreement or any other terms, including taking no action at all, will be at our sole discretion.
Candidate Privacy Policy
CALIFORNIA PRIVACY RIGHTS Notice for Candidates Applying to Jobs at Business University +
THIS NOTICE EXPLAINS YOUR PRIVACY RIGHTS AS A CALIFORNIA RESIDENT. WE ENCOURAGE YOU TO READ IT CAREFULLY. UPON REQUEST, THIS NOTICE CAN BE MADE AVAILABLE IN ALTERNATIVE FORMATS, SUCH AS LARGE PRINT OR AUDIO. PLEASE CONTACT [email protected] AND AN ALTERNATIVE FORMAT WILL BE PROVIDED TO YOU SO YOU CAN ACCESS THE INFORMATION IN THIS NOTICE.
THIS NOTICE DOES NOT CREATE OR FORM PART OF ANY CONTRACT FOR EMPLOYMENT OR OTHERWISE.
1. Introduction.
This notice (“Notice”) describes the categories of personal information that Business University Plus, Inc (“Company”, “we”, “us” and “our”) collects about California residents who apply or are recruited for or otherwise submit information to us in connection with a position with us, including interns, employees, agents, contractors, and other types of personnel (“candidates”), and the purposes for which we use that information.
This Notice applies to California residents who submit a resume, CV, or other information to us (either directly or through a third party such as a recruitment agency or job search website) or who apply for a position using our Career Site.
2. Information we collect about candidates.
2.1 Categories of personal information. The categories of personal information we may collect and process during the application and recruitment process include:
- Identifiers, including your name, contact information (such as home address, phone number, email address), work permit or visa information, your employment and education history, referrals or references, and whether you are subject to any prior employer obligations, and any other information you provide (such as information included in your resume or cover letter).
- Data with special protections, like your gender. This also covers a broad range of information like race, citizenship status, gender identity, marital status, sexual orientation, military status or whether you are a veteran, religion, political affiliation, and whether you are a person with any special needs or health condition and information relating to accommodations that you may request during the recruiting process, if you disclose such information.
- Professional or employment information, including information about your desired salary, willingness to relocate, other job preferences, interview details, and outcomes of any recruiting exercises you complete. We may also receive information such as your education and work experience, contact information, and demographics, from third-party data providers who have the rights to provide us with your information. These partners collect your information from publicly available sources, or through third parties they work with.
- Education information, including information about your education background collected during the application process.
- Internet or other electronic network activity information, such as interactions with our Career Site. We automatically collect certain usage data from you when you use our Career Site. This information may include an IP address, unique device identifiers or assigned identifiers, information collected by cookies or software development kit, time zone setting, operating system and platform, browser software, and information regarding your use of the site.
- Geolocation data: Our Career Site doesn't collect precise geolocation data from GPS sensors, which is what we understand this term to mean.
- Safety and Security Information: If you visit our premises, we may collect data related to your use of building access, access to restricted areas, and security camera footage.
- Onboarding Information: If you are chosen for a role with us, we will collect additional information commonly requested of employees and other personnel during the onboarding process. This includes financial account details, tax ID, social security number, national or other identity numbers, evidence of right to work, nationality and place of birth, emergency contact, family details such as marital status and dependents, and additional health and equal opportunities information. All such collection is to the extent permitted by applicable law.
Providing personal information to us is voluntary, however, if you do not provide sufficient information, we may be unable to consider your application or, if you are hired, your subsequent promotion, transfer or relocation.
In certain cases we may ask you for additional information for purposes of complying with applicable laws. We may also inquire about criminal records. We will do so only where permitted by applicable law.
2.2 Sources of personal information. We collect personal information from you when you apply for a job and throughout the job application or recruitment process. We may also collect your personal information from other sources and combine it with the personal information you provide us. For example, we may collect your personal information from:
- Job board websites you may use to apply for a job with us;
- Prior employers that provide us with employment references;
- Professional references that you authorize us to contact;
- Pre-employment screening services, such as background check providers (where permitted by law);
- Employment agencies and recruiters;
- Your educational institutions;
- Your public social media profile or other publicly-available sources;
- Online activity information that we and our service providers collect using server logs, “cookies” and similar technologies. Please see our Privacy Policy and Cookie Notice for more information; and
- Other Business University + personnel.
3. How we use personal information about candidates.
We use the personal information described above in the context of our consideration of your application for employment at Business University +. Our business purposes for collecting or sharing this information include:
3.1 Purposes for which we use personal information. We may use the categories of personal information above for the following purposes:
Managing recruitment generally, such as:
- operating the careers website we maintain or any other site to which this Notice is posted (“Careers Site”);
- recruiting, interviewing and evaluating job candidates;
- conducting background checks and other pre-employment screening (where permitted by law);
- analyzing and improving our application and recruitment processes;
- accommodating disabilities or health conditions;
- communicating with you regarding your candidacy, opportunities with us or about the Careers Site and any changes to applicable terms or policies;
- administering benefits;
- assisting you in case of an emergency;
- paying and reimbursing you for expenses;
- to comply with applicable law or regulatory requirements; and
- other business and human resources operations.
To stay in touch and engage with you. We may consider you for current and future opportunities at Business University +. We may contact you from time to time, for example, to invite you to events we organize or sponsor, or ask you for updates. You can opt-out of these communications at any time. If you no longer want to receive certain communications from us via email or text message, click the "unsubscribe" link in the email or reply STOP (or as otherwise instructed) to the text message (text messaging rates may apply). Please note that you cannot unsubscribe from correspondence from us relating to your application.
Compliance, safety and fraud prevention, such as:
- complying with or monitoring compliance with legal and other requirements, such as reporting and equal opportunities monitoring requirements, where applicable;
- complying with internal policies and procedures;
- complying with lawful requests and legal process, such as responding to subpoenas or requests from government authorities;
- defending your or our interests in actual or threatened legal proceedings, or regulatory, administrative, or legislative inquiries or investigations;
- investigating and deterring against fraudulent, harmful, unauthorized, unethical or illegal activity, or conduct in violation of our policies or procedures;
- sharing information with government authorities, law enforcement, courts or private parties where we have a good-faith belief it is necessary for the foregoing purposes; and
- creating and submitting reports as required by applicable law or regulation. If you accept a conditional offer from us, we process your information for background verification (to the extent permitted by applicable laws). We'll provide further information regarding this processing upon start of the background verification process.
Analytics such as: Creating anonymous, aggregated or de-identified data that we use and share to analyze our application and recruitment activities, business and for other lawful business purposes.
3.2 Sharing personal information. We may share your personal information with other parties as necessary for the purposes described above. For example, we may share your personal information with:
- Affiliates. Our corporate parent, subsidiaries, and other affiliates under the control of our corporate parent, for purposes consistent with this Notice or to operate shared infrastructure, systems and technology.
- Our service providers. Companies that provide us with services that help us manage the recruiting process and operate our business, such as job boards, recruiters, interviewing and testing, pre-employment screening, interview travel booking and expense reimbursement (where applicable), relocation (where applicable), and recruitment analytics.
- Government authorities, law enforcement and others. Government authorities, law enforcement, courts, and others as described in the compliance, safety and fraud prevention section above.
- Business transfers. Parties to transactions and potential transactions whereby we sell, transfer or otherwise share some or all of our business or assets, including your personal information, such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.
- Professional advisors. Lawyers, immigration advisors, and other outside professional advisors.
- Business University + Employees. We may share personal information about you in our recruiting process with Business University + employees.
- Academic Institutions and Professional Organizations. We may work with academic institutions to assist with recruiting, including organizing recruiting events and activities;
4. Other information about this Notice
4.1 Third parties. Our sites may be provided through and/or include features operated by third party platforms, or contain links to sites operated by third parties whose policies regarding the handling of information may differ from ours. For example, you may be able to share a link to a recruiting post on social media. These websites and platforms have separate and independent privacy or data policies, privacy statements, notices and terms of use, which we recommend you read carefully.
4.2 Changes to this Notice. We reserve the right to change this Notice at any time. The “Effective Date” heading at the top of this Notice indicates when it was last revised. Any changes will become effective when we post the revised notice on our Careers Site.
4.3 Children. The Careers Site is not intended for minors under the age of 18.
4.4 Your Information and Rights. We may provide you access to some or all of your candidate personal information upon request. In addition, under certain circumstances we may allow you to request correction or update to out-of-date or inaccurate personal information we hold about you. Please note that your rights with respect to your personal information may change in accordance with your role at Business University +. If you are accepted for employment or in another role with Business University +, additional policies will apply, including additional policies regarding the collection and use of your personal information. These policies will be provided to you during the onboarding process. To make requests, or if you have any other questions regarding our privacy practices, please contact our Data Protection Officer at [email protected]. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with California privacy law.
4.5 Retention. We may retain personal information to fulfill the purposes described in this Notice and as may be required by or permitted by applicable law or regulation. Specifically, we will retain information about your candidacy, including your resume/CV for consideration for future roles. If you would like to exercise your rights for personal information we retain, please contact us as described in the “Your Information and Rights section” above.
4.6 Security. We use reasonable administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. These measures are designed to provide a level of security appropriate to the risks of processing your personal information, but even reasonable security measures may not prevent all incidents.
4.7 Changes to this Notice. We may update this Notice from time to time in response to changing legal, regulatory or operational requirements. We will provide notice of any such changes (including when they will take effect) in accordance with law. We urge you to review this Notice each time you visit our Career Site or submit personal information to us. To see when this Note was last updated, please see the "Last Updated" section above.
If you have any questions or concerns about our privacy policies and practices, please contact us at [email protected].
Accessibility Policy
Business University + is committed to maintaining an accessible environment for persons with disabilities and to providing a website that is inclusive and accessible to a broad audience, regardless of technology or ability. We comply with the Americans with Disabilities Act and related state laws. Accordingly, we do not discriminate against individuals with disabilities and will take reasonable, necessary, and appropriate steps to provide our disabled customers with full and equal enjoyment of our services, in accordance with applicable laws and guidelines. We will use reasonable efforts to ensure that our policies, practices and procedures governing the provision of our services to persons with disabilities are provided in a way that respects the dignity and independence of persons with disabilities.
Business University + has engaged, and continues to engage, in efforts to increase the accessibility and usability of our website. Specifically, Business University + continues to strive to conform to level AA of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 2.0. It is Business University + intention that conformance with these proposed guidelines will make Business University + website more user-friendly. In the event that you experience difficulty in accessing Business University + website, please contact us at [email protected].
Please note that Business University + website may contain third-party content and/or links to third-party sites. We make no representations regarding the accessibility of such third-party content and/or third-party sites.
Promotional Offer Terms
From time to time, Business University Plus , Inc (“Business University +,” “we,” “our'') may offer customers discount, coupon, or other promotional offers (each a “Promotional Offer”). Each Promotional Offer is made available in connection with a form of paid Business University + subscription and subject to the Promotional Offer’s specific terms and conditions as advertised. The terms and conditions for each Promotional Offer can vary by country or by Promotional Offer, so carefully check the terms that accompany each Promotional Offer. The following terms and conditions (the “Promotional Offer Terms”) apply to all Promotional Offers unless otherwise indicated in the Promotional Offer.
- The Promotional Offer is for a limited time only and will expire on the date expressed in the communication related to such Promotional Offer.
- The Promotional Offer may not be purchased, has no cash value, and is not redeemable for cash.
- The Promotional Offer is not valid on prior subscriptions or purchases.
- The Promotional Offer is non-transferable and may not be shared, resold, auctioned, or traded.
- Unless otherwise stated, the Promotional Offer cannot be combined with other discounts or offers.
- The Promotional Offer is limited to one per customer and account.
- Business University + reserves the right to modify or discontinue any Promotional Offer at any time.
- The Promotional Offer is void where prohibited.
- The use and redemption of the Promotional Offer are also subject to the Terms of Service, which are incorporated into these terms by this reference.
1. The Promotional Offer
Each Promotional Offer provides access to the Business University + service advertised: (a) at the price advertised (if any); and (b) for an initial introductory period beginning when you confirm your acceptance of the Promotional Offer by submitting valid payment details or as otherwise stated in the Promotional Offer.
By submitting your payment details, you (a) confirm your acceptance of the Promotional Offer as advertised; (b) accept and agree to these Promotional Offer Terms; and (c) acknowledge and agree to the Business University + Terms of Service. All information collected by Business University + under any Promotional Offer will be processed and used in accordance with our Privacy Policy. Unless otherwise advertised, Promotional Offers only apply to products and services sold by Business University + do not permit or provide access to any third party goods or services, including those of any Business University + customer or student.
2. Eligibility
In order to be eligible for a Promotional Offer, users must meet the requirements as indicated in the Promotional Offer, in the user’s Business University + account, and the following conditions:
- For Promotional Offers available to new customers or new subscribers, customers will be disqualified and will not be entitled to receive or redeem the Promotional Offer if Business University + has record of their name, email, phone number, or credit card having being used for a prior Business University + subscription or being linked to any existing active or inactive account or otherwise suspected of fraudulent activity.
- Unless otherwise advertised, provide Business University + with a valid and current payment method that is approved by Business University +.
- Additional eligibility requirements (if any) as advertised from time-to-time in connection with the Promotional Offer.
- Accept the Offer only once - previous users may not redeem the Promotional Offer again.
3. Duration and Cancellation
For all Promotional Offers, the corresponding promotional period shall continue for the period as advertised. Unless you cancel a Promotional Offer before the end of the promotional period, you will automatically become a recurring subscriber to the type of Business University + service that you chose to sign up to under the Promotional Offer and the payment method you provided will automatically be charged the then-current monthly price.
If you cancel any Business University + service during the promotional period, you will lose access to such service. To cancel a specific service (such as Business University + Access) or downgrade your service, please contact [email protected] and to cancel your Business University + account, visit the Billing page from your Account Settings and click ‘Please cancel my account’ or email [email protected].
4. Use of Promotional Codes or Coupons
Promotional codes or coupons (“promo codes”) only apply to qualifying products or services and will expire on the date indicated in the communication to the customer with the promo code. If no date is specified, the promo code will expire (a) for promo codes contained in an email, 30 days after the date the email was sent; and (b) for promo codes published in any form (including social media or online), 30 days after the date on which it was last displayed to consumers. To use the promo code and apply it to an order, users should follow the instructions in the Promotional Offer. Promo codes may be limited to a one-time use as indicated in the Promotional Offer and, unless otherwise indicated in the Promotional Offer, all promo codes are limited to one per person.
Except where prohibited by law, Business University + reserves the right to change or modify these terms and conditions at any time and at our sole discretion. If we make changes to these terms, we will provide notice as appropriate, sometimes by updating the date at the top of these terms. If you violate any of the Promotional Offer Terms, the Promotional Offer will be invalid.
The Business University + Terms of Service and Privacy Policy apply for all Promotional Offers and use of the Business University + services, app, or website. The offer-redeeming user is responsible for paying any applicable sales tax related to the use of a Promotional Offer; Business University + has no obligation for payment of any tax in conjunction with the distribution or use of any Promotional Offer.
For questions or help regarding Business University + Offers, please contact Business University + Support.
Subprocessors List
Core Subprocessors: These Subprocessors are essential to the offering of our services. These Subprocessors process mostly technical data about our Customer’s end users that is necessary to provide their services to Business University + and Customers.
Subprocessor Description of Data Processed Service provider's location Services Description Amazon Web Services Data associated with delivery of the Business University + Platform USA Cloud Service Provider Cloudflare Data associated with access and use of the Business University + platform USA Load balancing, DDOS Protection Datadog Data associated with access and use of the Business University + platform USA Performance logging, security operations for the Business University + Platform. FullStory Data associated with access and use of the Business University + platform USA Auditing platform performance and trouble-shooting Salesforce (Heroku) Data associated with access and use of the Business University + platform USA Business University + Platform Management As of September, 2022 Mailgun Data associated with Email Transmission USA Email transmission Snowflake Data associated with use of the Business University + Platform USA Data Warehousing Wistia Data associated with video hosting USA Video Hosting Optional Subprocessors: These Subprocessors may apply if you use various features across the Business University + platform. For example, you may use one payment processor or another, or you may utilize a calendar feature that is provided by one of our Subprocessors. Subprocessor Description of Data Processed Service provider's location Services Description Calendly Calendar Data USA Calendaring Facebook Traffic and Event Data USA Traffic and Event Analytics GetFeedback Survey Data USA Provision of Customer Surveys Google Analytics/reCAPTC HA USA Analytics Google Calendar Data USA Calendaring Nylas Scheduling Data USA Calendaring As of September, 2022 PayPal Payment Processing Data USA Payment Processing Quaderno Payment Information Netherlands Sales Tax Compliance Stripe Payment Processing Data USA Payment Processing
Vulnerability Disclosure Program Policy
Business University + quest to provide a safe and secure experience for all users welcomes the contributions of security researchers and strives to provide the best vulnerability disclosure experience possible. Keeping our users’ data safe, as well as remaining a securely available service at all times, is at the forefront of our business, our processes, and our teams’ goals. Business University + takes a responsible disclosure stance for vulnerabilities submitted to us directly. Please read this policy in its entirety prior to any testing or disclosures. Your potential to receive a reward depends on your compliance with this policy.
TABLE OF CONTENTS
- Process for Disclosure
- Coordinated Disclosure Terms
- Guidance For Your Research
- Legalities
- Rewards
Process for Disclosure
We encourage disclosure of any security vulnerabilities that have the potential to impact the security or privacy of Business University + and our users. Your submission will be reviewed, validated, and reviewed against our internal severity matrix by the Information Security Team.
Contact [email protected] for instructions on your report.
Please submit one vulnerability per report, unless you need to chain vulnerabilities to provide impact and include the following details in your report:
- The website, IP or page where the vulnerability can be observed.
- A brief description of the type of vulnerability, for example; "XSS vulnerability".
- Steps to reproduce should be concise and easily understood.
- These should be a benign, non-destructive, proof of concept. This helps to ensure that the report can be triaged quickly and accurately. It also reduces the likelihood of duplicate reports, or malicious exploitation of some vulnerabilities.
- Including a proof-of-concept either via video or screen shots will expedite our investigation.
If you responsibly submit a vulnerability report, the Business University + Information Security Team and associated development organizations will use reasonable efforts to:
- Respond in a timely manner, acknowledging receipt of your vulnerability report
- If you do not get an email please check spam and the email address and send it again
- We reserve the right to ask, via email, for more details or updates to your report to make a determination.
- Notify you when the vulnerability has been fixed
Coordinated Disclosure Terms
For the protection of our customers, Business University + generally does not disclose, discuss, or confirm security issues until a full investigation is complete and any necessary patches or releases are available. You must have written permission in the form of a letter stating that you may disclose to any third party or other person.
If the vulnerability is novel or impactful, we will publicly share details around the vulnerability at our discretion and coordinate with the author for the public disclosure. We reserve the right to allow for Business University + approved public disclosures.
Guidance For Your Research
Please understand that third party services not owned by Business University + (such as apps integrated as part of the Business University + platform) are not eligible. While we strive for secure integrations, we cannot ensure that our policies apply to the services of other companies.
You must not:
- Use high-intensity invasive or destructive scanning tools to find vulnerabilities.
- Store, share, compromise, or destroy Business University + or customer data or access unnecessary, excessive or significant amounts of data.
- Modifying data in Business University + systems or services is strictly prohibited.
- Continue the test if any personal data (other than your own) is encountered. If Personally Identifiable Information (PII) is encountered, you should immediately stop your testing purge related data from your system, and immediately contact Business University +. This step protects any potentially vulnerable data, and you.
- Attempt or report any form of denial of service, e.g. overwhelming a service with a high volume of requests. Disrupting Business University + services or systems in any way is not allowed.
- Interruption or degradation of Business University + services related to your testing could result in legal action.
- Engage in any activity that can potentially or actually cause harm to Business University + , our customers, our customers end users, or our employees.
- Social Engineering of any kind is not permitted.
- Engage in any activity that violates any applicable federal or state laws or regulations or the laws or regulations of any country where data, assets, or systems reside, data traffic is routed, or the researcher is conducting research activity.
You must always:
- Comply with data protection rules and must not violate the privacy of Business University + users, staff, contractors, services or systems. You must not, for example, share, redistribute or fail to properly secure data retrieved from the systems or services.
- Securely delete all data retrieved during your research as soon as it is disclosed.
- Avoid privacy violations, destruction of data, and follow a code of conduct
- Use your own account for testing or research purposes. Do not attempt to gain access to other customers and our customers' end users accounts or confidential information.
Legalities
This policy is designed to be compatible with common vulnerability disclosure best practices. It does not give you permission to act in any manner that is inconsistent with the law, or which might cause Business University + or any affiliated companies to be in breach of any legal obligations. Any activities conducted in a manner consistent with this policy will be considered authorized conduct and we will not initiate legal action against you.
The following terms apply to this policy and to any rewards paid to you for disclosing vulnerabilities:
- You must comply with the terms of this policy and all applicable laws and must not compromise or disrupt any data that is not your own.
- You are responsible for any tax implications for rewards depending on your country of residency and citizenship. There may be additional restrictions on your ability to submit depending upon your local law(s).
- We may modify the terms of this program or terminate this program at any time. We won’t apply any changes we make to these program terms retroactively.
- Business University + can use and share your findings and submissions in any way for any purpose.
Rewards
It is in Business University + sole discretion whether to reward vulnerability disclosures. Business University + reserves the right to determine the amount and type (swag, etc.) of any reward. We will only reward the individual that is the first to report a vulnerability to us and will not reward for purely informative reports.
Business University + employees, contractors, and vendors and their family members are not eligible for rewards.
We reserve the right to disqualify individuals for:
- Demanding financial compensation as a condition to disclosing any vulnerabilities
- Disrespectful, disruptive, dishonest, or otherwise inappropriate behavior
- Being 13 years of age or younger
- If you are at least 14, but are considered a minor in your place of residence, you must get your parents' or legal guardian’s permission prior to participating.
- Residing in, associating with, or making your submission from, a country, jurisdiction or area against which the United States has issued export sanctions or other trade restrictions designated by the United States Treasury's Office of Foreign Assets Control.
- Not complying with the coordinated disclosure terms or any other public disclosure of the vulnerability prior to resolution or without Business University + consent.
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Last updated: October 2024