Foundation LMS respects your privacy and is committed to being transparent with you about how we handle personal information. This Privacy Policy explains how Foundation LMS collects, uses, and shares information about you when you use the Foundation LMS Platform (“Platform”), or otherwise interact with us. It also explains how you can exercise your privacy rights and choices. The Platform is designed to allow Clients to build, design, publish, and sell courses and other services to their Students. This Privacy Policy applies when you access or use the services and tools offered through our Platform (“Foundation LMS Services”), or otherwise interact with us. Your access to our Platform and use of Foundation LMS Services is also governed by our Terms of Use. Capitalized terms used but not defined in this Privacy Policy can be found in our Terms of Use. Please read this Privacy Policy carefully prior to accessing our Platform and using the Foundation LMS Platform. If you have any questions, please contact us at: privacy@FoundationLMS.com.
Overview
Personal information refers to any information that relates to an identified or identifiable individual. How we handle your personal information will depend on whether we act as a “controller” or as a “processor” of the personal information. The controller is the entity that decides how and why to process personal information. The processor processes personal information on behalf of the controller at the controller’s direction.
Foundation LMS’s Role as a Controller of Your Personal Information
Foundation LMS is the controller of personal information that it collects and processes in connection with the use of our marketing site and the provision of Foundation LMS Services. This includes personal information that you provide to us when you create an account on the Platform, subscribe to a Foundation LMS plan, enroll in a course, etc. Please refer to the “Personal Information We Collect” section of this Privacy Policy for more information about personal information that Foundation LMS collects as a controller.
Foundation LMS’s Role as a Processor of Personal Information Collected by Clients
Clients are the owners of content that they upload, submit, or otherwise provide to the Platform (“Client Content”) and are the controller with respect to any personal information included in their Client Content. Foundation LMS acts as a processor when it processes Client Content on behalf of the Client.
When a Student enrolls in Client Content
When a Student enrolls in Client Content, Foundation LMS will provide the Client access to a limited set of personal information about the Student (“Student Data”) to enable the Client to provide their services to the Student. Foundation LMS and Clients may each use Student Data for their own business purposes, at all times subject to the terms of this Privacy Policy, the Data Processing Agreement and our Terms of Use. The Client and Foundation LMS each act as an independent controller with respect to their particular use of Student Data.
Clients acknowledge and agree that they are responsible for complying with all applicable laws and regulations related to the protection of personal information for which they are controllers.
If you are a Student whose personal information has been collected by a Client, please contact the Client directly and view the Client’s privacy policy if you have questions about how the Client uses your personal information.
Personal Information We Collect
Foundation LMS collects personal information about you in several different ways, depending on how you interact with our Platform. Please note that the types of personal information we collect differ depending on how you’re using our Platform, for example, as a Client or a Student.
Personal Information You Give Us (Or that We May Receive From Others)
We collect personal information you directly provide to us. We may also receive personal information about you from others; e.g. from another user or our payment processors.
Personal Information We May Collect From Any Users of Our Platform
• Account Information. To use certain features of our Platform (such as to create a course or to enroll in a course), you’ll need to register for an account with Foundation LMS. To do so, you’ll need to provide us with certain personal information, such as your name, email address, and password.
• Third Party Integrations. You may allow our Platform to interact with third party services. The information you allow Foundation LMS to access varies by service, and it is affected by the privacy settings you and those that you are connected with establish while using such services. Third-party services are operated, controlled, and maintained by third parties that are not operated, controlled, or maintained by Foundation LMS. We recommend that you read the terms of use and privacy policies of those third party services to understand how they collect, use, and share your personal information with us or other third parties.
• Other Personal Information. You may choose to provide us with other personal information. For example, we may collect your name, email address and other personal information when you fill out a survey, participate in a Foundation LMS-sponsored contest or promotion, request customer support, or otherwise communicate with us.
Personal Information We May Collect from Clients.
• Foundation LMS Subscription Plans. When you subscribe to a paid Foundation LMS plan, we will collect certain personal information from you for the purposes of billing your subscription fees and any payment service fees, such as your business and billing address. You’ll also need to provide certain payment-related information directly to our third party-payment processors, as described below.
• Client Payment Information. If you’re using Foundation LMS’s Payment Gateways, you’ll need to link your payment account to our Platform to receive payouts. By linking your account, Foundation LMS will receive certain payment related information about you, including your payment card type and last four digits, postal code, country of origin, payment expiration date, and any email address associated with the payment type. Further, we will collect certain personal information for tax purposes. This tax information may include your full name, address, and registration number.
• Posts. Foundation LMS will collect all messages, posts and comments you submit to the Platform. Your Posts may include text, links, images, gifs and videos.
Personal Information We May Collect from Students.
• Student Payment Information. To purchase a course or other service through our Platform, you’ll need to provide us with certain personal information, such as your name, address, and information about the service you are purchasing. You may also need to provide certain payment-related information directly to our third party payment processors, as described below.
• Third Party Payment Processors. We use third party payment processors like Stripe to process payments through the Foundation LMS Platform. For payments processed via Foundation LMS Payment Gateways, the third party processor provides us with information related to the payment status of your account; this information includes your payment card type and last four digits, payment expiration date, zip code, approximate location based on IP address, country of origin, and any email address associated with the payment type. For security purposes, Foundation LMS does not retain any sensitive payment information, such as your complete card number or authentication data. Our third-party payment processors are independent from Foundation LMS and have their own privacy policies. For additional information about how your payment information is processed and stored, we recommend that you review the applicable payment protection service's privacy policy.
• Participation in Client Content. When you enroll in a course or use or access other Client Content, Foundation LMS will collect personal information relating to your participation in the Client Content, such as courses you have enrolled in, quiz results, and certificates.
Personal Information We May Collect Automatically.
We automatically collect certain information from your interactions with our Platform.
1. Usage Data. Foundation LMS logs usage information when you visit and use our Platform. This information may include IP address, browser type, operating system, and other information about the use of our website, such as the pages you viewed, when you viewed them, and links that were clicked.
2. Approximate Location. We may receive and process information about your approximate location. For example, we may be able to determine your approximate location from your IP address and other information about you. Foundation LMS does not ask for or track any precise location-based information.
Personal Information not actively collected or processed.
As stated in our Terms of Use, you must be at least 18 years old to use the Platform. Foundation LMS does not knowingly collect or store any personal information from or about children under the age of 18, and we will delete such information if we become aware that it has been submitted through our Platform. Parents or guardians who believe that Foundation LMS might have any personal information from or about a child under the age of 18 may submit a request to privacy@FoundationLMS.com for us to remove such information. We do not actively collect or otherwise process personal information relating to criminal convictions and offences. We do not actively collect or otherwise process personal information revealing racial origin, ethnic origin, political opinions, religious beliefs, philosophical beliefs, trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
How We Use Personal Information We Collect
As stated in our Terms of Use, you must be at least 18 years old to use the Platform. Foundation LMS does not knowingly collect or store any personal information from or about children under the age of 18, and we will delete such information if we become aware that it has been submitted through our Platform. Parents or guardians who believe that Foundation LMS might have any personal information from or about a child under the age of 18 may submit a request to privacy@FoundationLMS.com for us to remove such information. We do not actively collect or otherwise process personal information relating to criminal convictions and offences. We do not actively collect or otherwise process personal information revealing racial origin, ethnic origin, political opinions, religious beliefs, philosophical beliefs, trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
How We Use Personal Information We Collect
Our primary purposes for using your personal information are to provide you with a smooth, efficient, and customized experience, for customer support, advertising and marketing communications, research and service development, and to keep our Platform and users safe and secure.
Specifically, we may use your information for the following business purposes:
To provide and improve our services. We use personal information that we collect about you to allow you to access our Platform, to provide you with the services you request, and to improve and customize Foundation LMS Services.
For customer support. We use personal information to investigate, respond to, and resolve customer queries, send you technical notices and security alerts, and provide other support and administrative services.
For advertising and marketing communications. We use personal information to develop targeted advertising both on and off our Platform about Foundation LMS Services, and to communicate with you about our products, services, offers and promotions, including making recommendations about Foundation LMS Services you may be interested in.
For research and service development. We use personal information to conduct market research and to develop new services in order to provide you with a better experience and to drive growth in our business.
For legal and security purposes. We use personal information to prevent, detect, investigate, and take measures against criminal activity, fraud, misuse of or damage to our Platform or network, and other threats and violations to Foundation LMS's or a third party's rights.
How We Share Personal Information We Collect
Foundation LMS only shares your personal information with third parties under the circumstances described below. We do not sell or otherwise disclose personal information we collect about you for monetary or other valuable consideration.
Sharing of Student Information with Clients and Other Students
When you participate in Client Content, Foundation LMS will share certain personal information about you (“Student Data”) with the Client to allow the Client to provide you with their services. The set of personal information that we share with Clients is limited to the following:
1. Account information, including your name, mailing address, and email address
2. Purchase information, including amount paid, your address, and other billing information (but never your complete card number, which we do not collect)
3. Information about your participation in the Client Content, including the Client Content you enrolled in, course completion status, course progress, quiz results, and certificates
4. Any messages you exchange with the Client through Foundation LMS
Foundation LMS does not disclose any other types of personal information about Students to Clients. However, Clients may require that Students provide other types of personal information via Custom Fields during Student registration.
Any additional personal information that is shared by a Student with a Client is done so at the discretion of the Student. The Client is responsible for protecting Students’ personal information that they collect and processing that information in accordance with applicable data protection laws. Students who have questions about Clients’ privacy practices should contact the Clients directly and ask to review the Clients’ privacy policies.
Foundation LMS offers gamification features, including leaderboards. When you participate in Client Content with a Client that has gamification features enabled, the following personal data may be viewable by Clients and other Students:
1. Username
2. Profile picture
3. Total points earned
4. Leaderboard rank
Sharing of Client Information with Students and Other Users
When you use the Foundation LMS Platform to publish Client Content, information contained in your Client Content will be viewable to users who are given access to your Client Content.
Please keep in mind that all of the information that you share or content that you publish in your bio, posts, comments, or other public portions of our Platform becomes public information. Because this information is publicly available, we cannot control how others treat it. We ask you to exercise care in deciding what personal information you choose to share, and refrain from sharing your sensitive personal information and those of others. We may also share your personal information in the following ways:
With Integrated Services: When you choose to integrate third party services with our Platform, your personal information may be shared with these third parties. We recommend that you read the terms of use and privacy policies of those third party services to understand how they collect, use, and share your personal information.
With Your Consent: Foundation LMS may send your personal information to a third party when you give us consent to do so or at your direction. For example, this may occur when we complete a transaction at your request.
With Service Providers: We may share personal information with vendors, consultants, payment processors, and other service providers that provide us with certain services and process personal information on our behalf. These services may include providing customer support, performing business and sales analysis, supporting our website functionality, facilitating payment processing, and supporting contests, surveys, and other features offered on our Platform. These service providers are not permitted to use your personal information for any other purpose, and their use of such personal information will be subject to appropriate confidentiality and security measures.
With Business Partners: We may partner with third parties to offer you events, promotions, contests and other programs. To participate in these offers, you may be required to provide your email address and other personal information. We will only share your email address and other personal information with a business partner when you expressly authorize us to do so.
With Advertising and Analytics Partners: We may share usage data with third-party advertisers, advertisement networks, and analytics providers. These third parties may collect information sent by your computer, browser, or mobile device in response to a request for content, such as unique identifiers, your IP address, or other information about your computer or device.
With Affiliates: We may share personal information with our parent, affiliates, and other companies under common control and ownership, subject to the terms of this Privacy Policy. We may also share your personal information in connection with a substantial corporate transaction, such as a sale of our business, a divestiture, merger, consolidation, or asset sale, in the event of bankruptcy, or in preparation for any of these events. Any other entity which buys us or becomes part of our business will have the right to continue to use your personal information, but only in the manner set out in this Privacy Policy unless you agree otherwise.
Legal Disclosures: Foundation LMS may be required to disclose personal information if directed by a court of law or other governmental entity. Without limiting the foregoing, we reserve the right to disclose such information where we have a good faith basis to believe that such action is necessary to:
• comply with applicable laws, regulations, court orders, government and law enforcement agencies’
requests;
• protect and defend Foundation LMS’s or a third party's rights and property, or the safety of
Foundation LMS, our users, our employees, or others; or
• prevent, detect, investigate and take measures against criminal activity, fraud and misuse or
unauthorized use of our Platform and/or to enforce our Terms of Use or other agreements or policies.
To the extent permitted by law, we will attempt to give you prior notice before disclosing your information in response to such a request.
We may share your information for reasons not described in this policy. We will tell you before we do this.
Your Rights and Choices
Foundation LMS gives you choices with respect to our use of your personal information. These choices include accessing, updating, or deleting your personal information, as well as choosing what communications you would like to receive from us. Depending on your location, you may have additional rights related to your personal information (see the ‘Jurisdiction Specific Provisions’ section below for more information about location-specific privacy rights).
You can also choose not to provide us with certain personal information, but that may result in you being unable to use certain features of our Platform because that information may be required for you to register for an account, purchase Foundation LMS Services, enroll in Client Content, participate in our promotional offerings, get customer support, or engage in other activities on our Platform.
Please refer to the ‘Data Privacy Requests and Verification’ section below for information on how to make a data privacy request.
Rights of Students Related to Personal Information Shared with a Client.
Please note that in cases where you wish to exercise your data privacy rights with respect to personal information for which a Client is the controller, you’ll need to directly contact the Client to exercise your rights.
Accessing, Updating, and Deleting Your Personal Information
You can access and update certain personal information about you by visiting your Account Settings. You can also submit a data privacy request to receive a copy of personal information that we hold about you, free of charge.
If you believe that any personal information we are holding about you is incorrect or incomplete, we will work with you to make corrections deemed necessary. Note that we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you’d like Foundation LMS to delete your account or delete personal information it holds about you, you can submit a deletion request. Note that when we delete your account, personal information that you have shared with others (for example, through comments or posts) may still be visible. Foundation LMS will also retain certain personal information about you where reasonably necessary to comply with our legal obligations or for our legitimate business purposes.
Data Privacy Requests and Verification
You can request to access, update, or delete your personal information by emailing us at privacy@FoundationLMS.com from the email address associated with your account. If you would like to make a request under the privacy laws of your jurisdiction, please let us know where you reside and which rights you’d like to exercise. For more information about exercising your jurisdiction-specific privacy rights, please see section ‘Jurisdiction Specific Provisions’ below.
To protect your privacy, we need to verify your identity before we process your data privacy request. As part of this process, you may contact us via the email address associated with your account. Depending on the nature of the request, we may also need to obtain additional information necessary for us to verify your identity.
You may designate an authorized agent to make a data privacy request on your behalf. To do so, we will need to receive written permission by you or a valid power of attorney, and we may also verify the validity of the request directly with you.
Controlling Promotional Communications
You can opt out of receiving some or all of our promotional communications through the unsubscribe link in the email or by emailing support@FoundationLMS.com If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), please contact support@FoundationLMS.com to have us delete your account.
Please note that opting out of promotional email communications only affects future communications from us. If we have already provided your information to a third party (such as a credit card processing partner) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.
Do Not Track Signals
Your browser may give you the option to send a “Do Not Track” instruction to websites you visit. However, since there is no accepted standard for how a website should respond to this instruction, we do not currently recognize or respond to these signals. Jurisdiction Specific Provisions
Users in the European Economic Area, UK, and Switzerland
Under the General Data Protection Regulation (“GDPR”) and other applicable laws, users in the European Economic Area (“EEA”), UK, and Switzerland have eight rights. These are:
If you are in the EEA, UK and Switzerland and would like to exercise these rights, please email us at privacy@FoundationLMS.com pursuant to the ‘Data Privacy Requests and Verification’ section above. Please include the phrase “GDPR request” in the subject line and provide us with your mailing address and country of residence.
Foundation LMS only collects and processes personal information about you where it has lawful bases for doing so. The specific legal basis applied to the processing will depend on the context in which the personal information is being processed, including the service used and the type of personal information involved.
Foundation LMS uses the following legal bases for processing:
For the performance of a contract. We will process your personal information to fulfill our contractual obligations with you, such as to provide you with access to Foundation LMS Services, to communicate with you regarding your use of Foundation LMS Services, and to comply with our Terms of Use.
For legitimate interests. We will process your personal information for our legitimate interests or those of others (as long as the processing is not outweighed by your data protection interests). This includes but is not limited to, preventing fraud and other abuse, ensuring the security of our Platform, protecting our legal rights and interests, conducting market research and product development, and for marketing purposes.
To comply with legal obligations. We will process your personal information to comply with all applicable laws, regulations, court orders, and government and law enforcement agencies’ requests.
Consent. We will process your personal information when you have given us consent to do so, such as when you consent to receive certain communications from us. If you’d like to withdraw your consent or object to our processing of your personal information, please contact privacy@FoundationLMS.com.
Users in California
California Consumer Privacy Act. If you are a California resident, you have specific privacy rights governed by the California Consumer Privacy Act (“CCPA”). These rights include:
• Right to Know. You have the right to request a report showing the Personal Information collected,
shared, and sold about you in the past 12 months.
• Right to Opt-Out of Sale of Your Personal Information. You have the right to opt-out of the sale of
your Personal Information to third parties.
• Right to Deletion. You have the right to request that we delete any Personal Information collected
from you.
• Right to Non-Discrimination. We shall not discriminate against you based on your exercise of any of
the above rights.
You or your authorized agent may submit a request to exercise any of the above rights by emailing us at privacy@FoundationLMS.com with the subject line “CCPA Request”. Please also provide us with your mailing address and state of residence.
We may require additional information to verify your identity or to verify that your authorized agent has the authority to make the request on your behalf before responding to a CCPA rights request. We will respond to your request within 45 days if possible and required under the law.
Personal Information Collected on California Residents
The following are categories of Personal Information that we may collect about you, as well as examples of the types of Personal Information that may be collected:
Identifiers
• Names and Aliases
• Physical Address
• Phone Number
• E-Mail Address
• IP Address
• Unique Identifiers
Commercial Information
• Information about transactions made on our Platform, including purchase history
• Interactions with Customer Support
Educational Information
• Courses enrolled in
• Quiz results
• Certifications
Financial Information
• Last 4 digits of your credit card
• Account payment status
Geolocation
• Information related to your location, including your IP address
Internet/ Electronic Activity
• Information from your browser, such as usage information
• Information related to your location, including your IP address
• Passwords
• Device attributes
We collect Personal Information from the following sources:
• Directly from you (e.g. Information provided when you register on our Platform, submit payment, or use
any of our Platform’s services);
• Information provided by third parties, including those that you request to share information with us.
Personal Information Disclosed for a Business Purpose to Third Parties
The categories of Personal Information listed above may be disclosed to the following categories of third parties:
• For Students, we may share your information with Clients;
• For Clients, we may share your information with Students and on our Platform for the purposes of
marketing or sharing information about our services;
• Integrated third parties with whom you choose to share information;
• Our service providers (e.g. cloud services providers, technical service providers, law firms,
accounting firms, etc.);
• Business partners (e.g. companies that we partner with for events, promotions and contests, etc.);
• Advertising partners to provide advertising based on your interests;
• Foundation LMS affiliates, including our parent company and other companies under common control and
ownership;
• When you ask us to provide information to a third party; or
• To law enforcement or others if required by law.
The disclosures to third parties listed above may be for any of the following business purposes:
• To provide you with our services; • For marketing purposes; • To provide you with ads or information we think may be of interest to you; • To improve our Platform and services; • To maintain the safety and security of our services; or • As otherwise permitted by law.
We do not sell or otherwise disclose personal information we collect about you for monetary or other valuable consideration.
Under California’s ‘Shine the Light’ law, California residents have the right to request certain information relating to personal information we have shared with third parties for those third parties’ direct marketing purposes. Note that we only share information with third parties for their direct marketing purposes when you request us to do so or you expressly consent to it.
If you are a California resident and would like to exercise your rights under the CCPA or California’s ‘Shine the Light’ law, email us at privacy@FoundationLMS.com pursuant to the ‘Data Privacy Requests and Verification’ section above. Please specify which privacy right you’re exercising in the subject line (for example ‘CCPA deletion request’) and provide us with your mailing address and state of residence.
Other Information
Information Security
Foundation LMS uses a range of physical, technical, and administrative security measures to protect your personal information. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. However, no method of data transmission or storage system is absolutely secure, and we cannot guarantee that your personal information will not be accessed, disclosed, altered, or destroyed in the event of a breach of any of our security measures.
Where we have given you (or where you have chosen) a password to access certain parts of our Platform, you are responsible for protecting this password and keeping it confidential. As the safety and security of your information also depends on the precautions you take, we ask you not to share your password with anyone. If you believe your password or the security of your account has been compromised, you should change your password immediately and contact support@FoundationLMS.com with any concerns.
Data Retention
We save personal information we collect for as long as it is necessary for the purposes for which the personal information is collected and processed. Generally, we will keep your personal information until your account is deleted, or as needed to provide you with our services. We will also retain certain personal information to comply with our legal obligations or for our legitimate business purposes.
International Transfers of Information
Foundation LMS is based in the United States and it stores, processes, and transfers information in and to servers and databases located in the United States. It may also store, process, and transfer information in and to servers in other countries depending on the location of its affiliates and service providers.
If you use our Platform outside the United States, including in the EEA, UK, and Switzerland, your information will be transferred to, stored, and processed in the United States. By accessing our Platform or otherwise giving us information, you consent to the transfer of information to the United States and other countries outside your country of residence.
We rely on legal bases to transfer information outside of the EEA, UK, and Switzerland. For example, transfers involving personal information of Clients located outside the United States are necessary for the performance of the contract between Foundation LMS and our Clients, as established in our Terms of Use. With respect to the processing of information by our service providers on our behalf, we take all necessary steps required under applicable law to ensure that their transfer of information across borders is compliant with applicable law. This may include the use of EU model clauses.
We take many steps to protect your privacy, including entering into a Data Processing Agreement with our Clients. If you’d like more information about the safeguards we have in place, please contact us at privacy@FoundationLMS.com.
Third Parties and Other Personal Information Collectors
Except as otherwise expressly specified in this Privacy Policy, this document only addresses the use and disclosure of personal information Foundation LMS collects from you. To the extent that you disclose your personal information to other parties through our Platform, whether between Client and Student or with other users, different rules may apply to how they use and share your personal information. Accordingly, you will need to look at the privacy policies of these third parties to understand their data privacy practices.
As further explained in our Terms of Use, our Platform may include links to third party websites. We are not responsible for the content of such websites or the protection and privacy of any information which you provide while visiting those sites. We recommend that you exercise caution and review the privacy policies applicable to the websites in question.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of our Platform.
Changes to Our Privacy Policy
We encourage you to periodically review this Privacy Policy to stay informed about our privacy practices, as we may review and update our processes from time to time. If we make a change that, in our sole discretion, is material, we will notify you through email, by posting a notification on our website, or as required by law. Unless otherwise stated, changes to this Privacy Policy will take effect immediately as of the date it is posted. By continuing to use our Platform after Privacy Policy changes go into effect, you agree to be bound by the revised Privacy Policy.
Contact Us
If you have questions or concerns regarding this Privacy Policy or Foundation LMS’s handling of your
personal information, or if you would like to exercise your rights described in this Privacy Policy,
please contact us at:
Foundation LMS
365 West Passaic Street
Suite 255, DPT 5036
Rochelle Park, NJ 07662
Email: privacy@FoundationLMS.com