[last updated July 2018]
We use a no-nonsense approach to teach language on-line and we apply this same approach to the way we run the ‘behind the scenes’ part of our business too. We take pride in our clear and transparent business practices. So you know who we are, and if you need to contact us, here are our details:
|Name||90 Day Languages LLC||In our terms and conditions, we are also called ’90Day Korean’, ‘us’, ‘we’ or ‘our’.|
|Address||Box 9670 Jackson, Wyoming, USA 83002|
|[email protected]||If you have any questions, feedback, comments or complaints, please use this email address. We try to respond within 1 day.|
|These websites, other websites or platforms controlled by us, the services offered by them and our social media pages and blog are collectively called our ‘services’.|
When we talk about ‘you’, ‘user’ or ‘your’ in our terms and conditions, we mean you, the user of our services or visitor to our website.
What comprises our Terms and Conditions and why they are important.
The way in which users interact online is complicated and everchanging. Law makers around the world, in their struggle to keep up, regularly make changes to the rules and regulations we must abide by to provide our services to you and it gets more and more complicated.
To make this information easier to read and understand, we have broken our terms and conditions into the following parts:
- 90DayKorean Membership Terms
- Our Rules of Engagement for Social Media
Together with this introduction, these 4 documents form our ‘terms and conditions’ and are our agreement with you for your use of our services.
We encourage you to carefully read and understand them before using our services as, by continuing to use our services, you agree to be bound by our terms and conditions. If you do not agree with our terms and conditions, you must stop using our services and terminate your Inner Circle or other registration(s) you have with us.
We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated so we encourage you to check them regularly. We will endeavour to provide prior notice of changes to our social media followers and subscribers.
[last updated June 2018]
1. No unlawful or prohibited use
As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services.
You expressly agree not to:
- engage in threatening, harassing or defamatory behaviour,
- engage in any internal or external spamming, or other similar actions,
- engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions,
- hack into areas of our online services that are not intentionally made available to you,
- decompile, reverse engineer, or try to copy or imitate our online services or underlying content.
2. Your 90DayKorean Account
You must be 18 years of age to set up an account. If you are under 18 years of age, you will need a parent or legal guardian to set up an account that you can access with their permission.
You agree to provide true and correct details when setting up your account. You agree not to create more than one account with 90DayKorean.
You agree that you will not share your 90DayKorean username and password with anyone who is not specifically authorised by you to access your account. You acknowledge that you will take all reasonable steps to ensure that no unauthorised person is able to access your account.
You are solely responsible for any costs, expenses, actions and claims made in respect of the use of your account.
You agree that we can contact you as and when needed to provide the services offered by 90DayKorean via the email address that you use to set up your 90DayKorean account. You acknowledge that it is your responsibility to keep your contact details up to date.
3. Links disclaimer
Our online services may contain links to other websites (linked sites). The linked sites are not under our control and we are not responsible for the contents of a linked site. We are not responsible for any form of transmission received from any linked site.
Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators. We may include links to resources that are available to download for free, or available to buy. If you buy a product through a link we have provided, it is likely that we will earn an affiliate commission on that sale. It is up to you whether you buy from that website and you buy at your own risk.
4. Copyright, trademarks and other intellectual property
All names, logos and trademarks are the property of 90DayKorean or the third parties who have contributed to our online services. Nothing on our online services should be construed as granting any licence or right to use any name, logo or trade mark without the express prior permission of the owner or the relevant contributor.
You agree that all content appearing on our online services, including but not limited to text, graphics, pictures, videos, information, applications, software and other files are the proprietary property of 90DayKorean, its users or its licensors with all rights reserved. No content on any online service may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without 90DayKorean’s prior written approval.
Please contact [email protected] if you require permission to reproduce any of the contents of any part of our online services.
Permission: You may access, download, or print material from our online services for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use our online services content or our intellectual property.
5. Infringement of proprietary rights (DMCA process)
If you believe that there is material on our online services that infringes third party intellectual property rights, please send us written notice to [email protected] including the following information:
- reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a list of those works (for example: title, author, any registration or tracking number, URL),
- reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material),
- your contact information so that we can contact you (for example, your address, telephone number, email address),
- a statement that you have a good faith belief that the use of the material you have identified is not authorized by the copyright owner, its agent, or the law,
- a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed,
- and your physical or electronic signature.
We will then make a decision about removing it from 90DayKorean online services.
If we do remove material and you think we are wrong, you can send us a ‘counter-notification’ to [email protected] including the following information:
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled,
- a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question,
- your name, address and telephone number,
- a statement that you consent to the jurisdiction of, and will accept service of, a legal claim from the person who submitted a notice that lead to that work being removed from our website,
- and your physical or electronic signature.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
We make every effort to maintain the security of our online services. However, we do not guarantee the security of our systems, our records or your data.
Continuous access to 90DayKorean online services is dependent on third party services and requires network connectivity and location services to function. Poor signal quality due to your location or service provider may slow down or prevent audio, video and other functions from working at optimum speed, or at all. If you have concerns regarding the quality of your signal strength, please contact your network service provider directly.
Due to dependence on third party services, 90DayKorean online services may be inaccessible from time to time.
90DayKorean disclaims all liability for any computer virus or technological problems that were not intentionally caused by it or are beyond 90DayKorean’s control. You are encouraged to install and maintain up-to-date security software on your devices.
7. Limitation of liability
To the maximum extent permitted by law, any terms that would otherwise be implied by legislation, common law, equity, trade, custom or usage are excluded, as is any liability for indirect or consequential loss arising in connection with the use of 90DayKorean online services.
Nothing in these terms and conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy conferred by law that cannot be excluded, restricted or modified by agreement.
Where 90DayKorean’s liability cannot be lawfully excluded, it is limited at the option of 90DayKorean, to:
- the resupplying of access to 90DayKorean online services, or
- the refund of the amounts paid by you for your access 90DayKorean online services for the period the complaint or action relates to.
The maximum aggregate liability of 90DayKorean for all proven losses, damages and claims arising out of or in connection with these terms and conditions, including liability for breach, in negligence or in tort or for any other common law or statutory action is limited to the sum of US$100.
You agree that your access to and use of 90DayKorean online services will be at your sole risk.
You agree to indemnify and defend 90DayKorean from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees), relating to:
- any personal injury, death or damage to tangible property suffered by you or any third party in any way associated with your use of 90DayKorean online services,
- any claim by a third party arising out of your use of 90DayKorean online services,
- your unauthorised use of 90DayKorean online services, or
- your breach of 90DayKorean terms and conditions for online services.
Nothing in this agreement authorises you to defend, compromise or settle any claim or proceeding on behalf of 90DayKorean.
Success in learning a new language is dependent upon the amount of time and effort you devote to the process. Some people have stronger natural aptitude to learn languages than others and will pick up skills quickly, others will need to apply more focused attention to their learning, other people struggle. We have structured a program that we believe provides the best opportunity for you to achieve the language learning milestones we identify as your progress through the lessons, but we provide no guarantee you will actually achieve those goals.
You specifically acknowledge and agree that your use of our online services is at your own risk.
While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy (including accuracy for dialect, translations or pronunciation) of anything contained on our online services for any purpose, to the maximum extent permitted by applicable law, anything contained on our online services is provided “as is” and “as available” basis without warranty or condition, whether express or implied, of any kind.
90DayKorean makes no promises that you will have uninterrupted or error-free access to and use of 90DayKorean online services, or that the online services will meet your requirements.
Anything available via our online services may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via our online services.
No advice or information, whether oral or written, obtained by you from 90DayKorean or through our online services will create any warranty not expressly stated in these terms and conditions.
Any material downloaded or otherwise obtained through the use of our online services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Relationship – No joint venture, partnership, employment, or agency relationship exists between you and 90DayKorean as a result of these terms and conditions or your use of 90DayKorean.
Waiver – Any time or other indulgence granted by 90DayKorean to you will not in any way amount to a waiver of any of 90DayKorean’s rights or remedies.
Assignment – You must not assign, sublicense or otherwise transfer your rights under these terms and conditions.
Notice – You may provide notice to 90DayKorean by submitting a Support Request through the members’ portal, or otherwise by email addressed to [email protected] We may provide notice to you via email or other electronic means.
Governing Law – This agreement is governed by the laws of Korea. You agree to be subject to the jurisdiction of the courts of Korea if there is a serious dispute between us.
Validity – If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect
90DayKorean Membership Terms
[last updated June 2018]
Welcome to 90DayKorean Inner Circle. As a member, you will have access to training materials, modules, video’s, blogs, programs and forums designed to assist you in developing and building your language skills.
These membership terms, together with the rest of our terms and conditions, form the basis of your membership agreement with 90DayKorean.
We do not require your signature for these terms and conditions to be legally binding. When you purchase or access our program, even as part of a free trial, you agree to be bound by these terms and conditions effective immediately, and you are entering into a legal agreement.
Read the terms and conditions carefully before you check the “I Agree” option to gain access to the Inner Circle members only area (‘members portal’).
1.1 You confirm that you are 18 years of age or over and have read and understood and agree to the terms of this document, including the release, disclaimer and indemnity.
1.2 By joining 90DayKorean and remaining a current financial 90DayKorean Member you get access, through the members portal, to training materials, modules, video’s, blogs, programs and/or forums designed to assist you in developing your chosen language skills.
1.3 Individual components of the program are not redeemable, transferable, or interchangeable if you are unable to use them during your membership.
1.4 We reserve the right to change or substitute components available through the members portal at any stage with alternatives that we feel will be of equal or greater value to you.
1.5 Your access to the members portal will come to an end if cancel your membership, or your payments are not made on the due dates.
1.6 Your membership is not transferable. It cannot be sold or given to another person.
1.7 You will be provided with a username and password. This is not to be shared with others.
2. Your commitment
2.1 You agree to keep your members portal username and password secure and not to share access to members portal or content with anyone who is not a member of 90DayKorean. 90DayKorean is not responsible for the storage of your password, this is your sole responsibility.
2.2 You commit to take ownership of your language learning and development and agree that your individual success will be determined by your own participation, dedication, effort and motivation. You release 90DayKorean from any liability or accountability in any way, including for any failure of the members portal meeting your expectations.
3. Using 90DayKorean members portal
3.1 As a condition of you becoming a 90DayKorean Member and accessing the members portal, you warrant that you will not use the members portal, our website, or any 90DayKorean materials for any purpose that is unlawful or prohibited by law, or these terms and conditions.
3.2 You may not use our website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of our website. You agree not to hack into areas of the website that are not intentionally made available by us as part of members portal.
3.3 We expect you to show common courtesy and respect when participating in forums or making business or social connections through members portal. You must be respectful to all members. If commenting on our social media, the same expectations apply (for more information please see our rules of engagement for social media use).
3.4 As a member, you will have access to participate as part of 90DayKorean community. You may have access to messages, friends, groups, forums and/or closed or public social media pages (90DayKorean communities). You agree to use 90DayKorean communities only to post, send and receive messages and material that is proper and related to the services 90DayKorean provides and only in accordance with our rules of engagement for social media use.
4. Intellectual property and Copyright
4.1 ‘Intellectual property’ means patents, registered or unregistered trademarks, trade names, logos, designs, symbols, emblems, slogans, copyrights, know-how, information, computer software and programmes, drawings, plans and other identifying materials, whether in electronic form or otherwise and whether or not registered or capable of registration, and all other proprietary rights owned by or available to us, adopted or designated now or at any time in the future by 90DayKorean for use in connection with the members portal or other 90DayKorean services.
4.2 You acknowledge that a great deal of time and effort has gone into creating 90DayKorean intellectual property. You agree to use our intellectual property for the sole purpose of supporting your learning, and for no other purpose, including for commercial purposes or giving away to others.
4.3 You agree not to infringe 90DayKorean’s intellectual property rights, or the intellectual property rights of any 90DayKorean member or third party.
4.4 Material uploaded to any part of our website may be subject to stated limitations on usage, reproduction and/or dissemination. You are responsible for complying with those limitations if you download the materials.
5. Your material posted in 90DayKorean Communities
5.1 We do not claim ownership of the materials you (including feedback and suggestions) post on any of part of our website, including 90DayKorean members portal. However, by posting any information or material you are granting us, our affiliated companies and necessary sub-licensees permission to use your information or material including, without limitation, the rights to: copy, distribute, transmit, communicate, publicly display, publicly perform, reproduce, edit, translate and reformat your information or material; and to publish your name with your information or material. No compensation will be paid to you with respect to that use of your material or information.
5.2 We are under no obligation to post or use any material or information you may provide and may remove any of your material or information from our website at any time at our sole discretion. By posting your material or information you warrant and represent that you own or otherwise control all the rights necessary for you to post that material or information.
6.1 Our learning materials and methods and business methods are confidential to our business, and you agree to keep them confidential.
6.2 You agree that any confidential information shared by Members or 90DayKorean is confidential and belongs solely and exclusively to the person or entity that discloses it.
6.3 You agree not to disclose confidential information to any other person or use it in any manner other than in discussion with 90DayKorean or other Program participants in the forum.
6.4 You acknowledge that any confidential information shared by you is done so at your own risk, and you waive any right to seek recourse from 90DayKorean for any loss or damage suffered because of sharing that information. You acknowledge that we have no obligation to enforce the confidentiality of any material provided.
7.2 We insist that you respect the privacy of fellow 90DayKorean members and you agree not to violate the privacy of any other 90DayKorean Member.
7.3 We reserve the right always to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.
8. Posting Your Personal Information
8.1 Always use caution when giving out any personally identifying information about yourself anywhere on the internet. We do not control or endorse the content, messages or information found in any part of 90DayKorean members portal or our website, where users are able to contribute their own posts and material. We disclaim any liability about those parts of our website and any actions resulting from your participation in using those parts of our website.
9. Monitoring Communication Services
9.1 We are not obliged to monitor the posts and materials published by members or the public in 90DayKorean communities. However, we reserve the right to review materials that are posted and to remove any materials at our sole discretion.
10. Money Back Guarantee
10.1 90DayKorean provides a thirty (30) day money back guarantee on your subscription to 90DayKorean. That time period runs from the date you activate your account and will not be extended.
10.2 At your option, during the thirty (30) day money back guarantee period, you may cancel your 90DayKorean subscription simply by sending us an email [email protected] We ask that you put your request in writing so that we can properly action your request.
10.3 Your payment will be refunded via the same payment platform you used to make your initial payment. Please allow seven (7) days for processing your refund.
10.4 If you exercise your rights under this clause, the provisions of clauses 12 will apply regarding access to content and materials after termination.
11. Payment of Membership Fees
11.1 You agree that 90DayKorean uses the third-party payment platforms PayPal and Stripe to process membership payments. By using and agreeing to 90DayKorean’s terms and conditions, you also agree to be bound by PayPal and Stripe’s terms of service
11.2 You agree that you are responsible for all transactions (one-off, recurring, and refunds) processed through the third-party payment platforms of PayPal and Stripe.
11.3 You understand and agree not to hold 90DayKorean liable for any loss or damage at all arising from any errors, invalid transactions processed with your PayPal or Stripe account or any actions whether intended or not on behalf of PayPal or Stripe. You agree that if you process a transaction, it is your responsibility to verify that the transaction has been correctly and successfully processed and not the responsibility of 90DayKorean.
11.4 Membership payments are to be made monthly in advance on the due date.
11.5 Partial or installment payments will not be accepted. You will gain (and retain) access to 90DayKorean members portal only when full (cleared) funds have been received.
11.6 You may cancel your monthly subscription at any time by clicking on the cancel button on the billing page within your account and we will be in contact with you. Please allow 5 days notice before the next billing cycle to allow us enough time to action your request.
11.7 You agree that failing to pay 90DayKorean fees when due will result in your access to the members portal being suspended or cancelled, including any stored information, modules, badges, levels, achievements, communication or participation in 90DayKorean Communities.
11.8 If your circumstances change and you are unable to continue your 90DayKorean and/or are unable to complete any modules, there will be no partial refunds.
11.9 Fees are not refundable simply because you have changed your mind about participating after the thirty (30) day money back period, or failed to access or make good use of 90DayKorean members portal.
11.10 If you access 90DayKorean Member Portal on an infrequent or limited basis (or you fail to log in at all), you will not be compensated by 90DayKorean. You are responsible always to ensure that you make the best use of 90DayKorean members portal and your membership, and you agree that the full value is provided to you by way of access to the members portal upon joining, and is not dependent upon whether you access the members portal, programs, website or modules, in part or at all.
11.11 90DayKorean will not be liable to you for any loss or damage you may suffer because 90DayKorean have exercised our rights under this clause. Any suspension or cancellation imposed will not extend the term of your membership or be compensated in any manner by 90DayKorean.
12. Suspension/Termination/Access Restriction (including Login and Passwords)
12.1 If we consider you have breached the terms and conditions, 90DayKorean reserves the right, in our sole discretion, to suspend or terminate your access to 90DayKorean members portal, related services or any portion of it at any time, without notice.
12.2 You may lose or have restricted access to 90DayKorean Member Portal due to login and password loss or malfunction. You understand and agree that two (2) failed login attempts may result in loss of access to 90DayKorean Member Portal. You agree that while 90DayKorean may attempt to assist you in re-setting your login and or your password, 90DayKorean cannot guarantee recovery of lost login or password information, or that access can be regained quickly or at all.
12.3 If your membership is suspended, terminated or your access to the site is restricted, blocked or hindered for any reason at all (including that you have forgotten, lost or incorrectly entered your login or password) the following provisions will apply:
- Any membership fees you have paid to that time will not be refunded.
- As of the date of termination you no longer have access to 90DayKorean members portal.
- We are under no obligation to provide you with further access to 90DayKorean members portal, services or program materials.
- We are under no obligation to provide you any further information regarding 90DayKorean Program.
- We are under no obligation to reinstate your 90DayKorean account.
12.4 If you end your Membership and then start again later, we make no representation that any past history will be stored. You may be required to progress through and complete all modules again.
12.5 90DayKorean may, at its sole discretion, grant a period of thirty (30) days grace to reinstate your access to the members portal however, it is expressly acknowledged and accepted by you that any materials you have uploaded to 90DayKorean Member Portal, or records of work completed, progress or achievements (including but not limited to any assignments, awards, certifications or system of achievement recognition) recorded in the member portal will not be guaranteed by 90DayKorean as stored, whether you are within or outside of the thirty (30) days grace.
13. Release, Disclaimer & Indemnity
13.1 You release 90DayKorean from all and any responsibility or liability for any losses claims or demands that may directly or indirectly arise because of you using the information obtained through 90DayKorean or 90DayKorean members portal, subject to the requirements of applicable consumer law (if any).
13.2 To the maximum extent permitted by law, any terms that would otherwise be implied by legislation, common law, equity, trade, custom or usage are excluded, as is any liability for indirect or consequential loss arising in connection with the use of 90DayKorean online services.
13.3 Nothing in these terms and conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy conferred by law that cannot be excluded, restricted or modified by agreement.
13.4 Where 90DayKorean’s liability cannot be lawfully excluded, it is limited at the option of 90DayKorean, to:
- the resupplying of access to 90DayKorean online services, or
- the refund of the amounts paid by you for your access 90DayKorean online services for the period the complaint or action relates to.
13.5 The maximum aggregate liability of 90DayKorean for all proven losses, damages and claims arising out of or in connection with these terms and conditions, including liability for breach, in negligence or in tort or for any other common law or statutory action is limited to the sum of US$100.
13.6 This disclaimer and indemnity applies as to the fullest extent permitted by law, and survives any termination or expiration of the terms and conditions or your use of 90DayKorean member portal or the information, education and services found on it or 90DayKorean website.
14. Third Party Services
14.1 Access to the members portal relies upon the continued operation of third party online facilities that we use. We will not be liable for any third party failures affecting the provision of our services.
14.2 All third party services, like Facebook, Pay Pal, Stripe etc., are made available pursuant to their own terms and conditions, which you agree to be bound by as soon as you use the services of or have an account or login with that provider. We recommend you familiarize yourself with applicable terms and conditions. You agree that in all cases where 90DayKorean members portal or 90DayKorean website contains links to third party websites that these websites are not under our control and that we are not responsible for these websites or their content.
14.3 You further agree that 90DayKorean is not responsible for any form of transmission received from any link to a third-party website or service.
14.4 You agree that links may be provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, its services or any association with its operators.
14.5 Any costs or other liability arising from use of your accounts with third parties remains your sole responsibility.
14.6 You agree to indemnify 90DayKorean against any loss or damage arising directly or indirectly from any use of software or other third-party services recommended or provided to you.
15.1 We may update these terms and conditions from time to time and the amended terms will apply from the date they are posted on our main website. We may also publish our Terms and Conditions, including any amended terms, in the members portal for you to view.
15.2 You acknowledge that your access to the members’ portal does not give you the right to represent (whether expressly or implied) or hold out to any person that you are a representative, agent, employee, partner or in any way connected with 90DayKorean or other 90DayKorean members.
15.3 Any time or other indulgence granted by either party it will not in any way amount to a waiver of any of rights or remedies that party is entitled to under this agreement.
15.4 These terms and conditions are governed by the laws of Korea and you agree to be subject to the jurisdiction of the courts of this country if there is a dispute between the parties.
15.5 We may provide you with any notice required pursuant to this agreement or your 90DayKorean account via email or through your account in the members’ portal. All notices must be in writing. You may provide us notice via email [email protected]
15.6 If for some reason a clause of this agreement is unenforceable, the rest of this agreement will continue unaffected and that term will be severed.
[last updated June 2018]
We take your privacy seriously and we have drafted this policy to let you know what information we collect about you, what we do with it, how we store it and what your rights are.
‘Personal information’ is information that directly identifies you, such as your name and email address, or data that could be used, on its own or in combination with other data, to identify you.
In general, we only use your personal information for the delivery of our services and to send you information about our services. We never sell or giveaway your personal information.
1. Staying Anonymous
You can browse our online services anonymously. However, if you request information or sign up for/purchase a subscription or free lesson, you will need to identify yourself and at that point we will start collecting your personal information. If you do not give personal information to us, it will affect our ability to provide you with requested information or to deliver our products or services.
2. Collecting personal information
At all times we aim to only collect the minimum information we need for the services we are providing. For example, if you sign up to a free lesson, we will collect and use your email address. As you would expect, the more involved you are with us, the more information about you we will collect.
The main way we collect information about you is when you give it to us and this can happen in a variety of ways.
We may process the following categories of personal information about you:
- Communication data: which includes any communication that you send to us. This might be when you request a free lesson, join our mailing list or when you contact us through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. If you sign in using social media, we receive (by your consent) additional information such as your profile picture and social profile ID. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
- Customer Data: which includes data you give to us when you purchase goods and/or services from us including any of our courses. This will include basic information about you and also the information we require for billing purposes such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details (last digits only). We use third party services for processing payments such as PayPal and Stripe and we do not receive or store your full card payment information. We process this data to supply the goods and/or services you have expressed an interest in or purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract and our legitimate business interest of keeping records for accounting purposes.
- User Data: which includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
- Technical Data: which includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We also use our own cookies for functions such as checking if you are logged in and which products you have access to. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
- We may also use your personal information to carry out some automated decision making about you. For instance, our email manager may monitor which mails you open and use this information to automatically manage future emails you receive. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services and to grow our business.
3. Collecting information from third parties
As discussed above, we collect personal information about you when you give it to us and when it is collected by our website however we may also collect personal information that is given to us or available to us by a third party (for example, information that you have made available on a public platform like a discussion site).
We may receive data from third parties such as analytics providers and advertising networks like Google and Facebook.
This information forms part of the personal information described in this policy. We will not intentionally collect personal information that is unintentionally disclosed.
4. Collecting sensitive information
We do not intend to collect sensitive information about you and request you never disclose information about your health, racial or ethnic origin, political opinions, religious beliefs or sexual orientation on our website or any blog or social media account associated with our website or business. If you do post this information on any of our platforms (for instance you might accidently tell someone in a discussion that you ethnicity is Korean), we will not intentionally store this information on our file however it may be stored on the platform you posted it on and we have no control over such storage.
5. Children’s privacy
Our services are not designed to be used by minors under the age of 18 and we do not intend to collect information about such minors. If you have a child who you would like to use our services, you will need to set up an account in your own name and then supervise their access to your account. We will make reasonable endeavours to delete any details of users under the age of 18 years where a parent or guardian has notified us that any such details have been obtained. By providing us with your data, you warrant to us you are over the age of 18.
If you provide us with a review or testimonial, you give us your consent to use your name, likeness, web address, product you are reviewing and the date of service delivery to be displayed on our website or in our other marketing material, together with the content of the testimonial that you provide. If you provide your review or testimonial by YouTube clip, you also give your consent for us to use this. We may store and/or use your review for as long as the information is relevant to our business. We process this information based on your consent which you may withdraw.
7. Marketing Communications
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business). Sometimes we may recommend sharing your information with a third party for their marketing purposes. Before we share your personal data with any third party for their own marketing purposes we will get your express consent.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you. You can also email us as [email protected] to request your details be removed from our marketing list.
If you opt out of receiving marketing communications, this opt-out does not apply to personal data provided for other transactions such as purchases.
8. Social Networking Services and links to other websites
You can connect with us via our social media pages for example on Facebook, YouTube and Twitter in accordance with our Rules of Conduct for Social Media. We may also provide links to other websites or use social networking services to communicate with the public about our work.
When you communicate with us using these services we may collect your personal information. The social networking service will also handle your personal information for its own purposes and have their own privacy policies. You should become familiar with the privacy policies of any service you use.
We use a range of tools provided by third parties including our website host, third party service providers and search engine browsers to collect or view access and traffic information for statistical, reporting and maintenance purposes. Third party providers have their own privacy policies. We also may also use tracking pixels, cookies and session tools to improve your experience when accessing our online services.
The data collected by cookies does not usually identify you but may be combined with other information to identify you. If we identify you using information from cookies, we may use that information to track how you use our online services and send you information more specific to your needs, or to invite you to purchase our services.
The kind of information that can be collected includes:
- device specific information such as mobile network information
- server logs including your IP address, the times you use our services and system activity
- location information including IP address, GPS, and Wi-Fi access points
- local storage availability
We use the information to help to track your use of our online services to improve your user experience and the quality of our services.
10. Use and disclosure of personal information
In summary, as a legitimate business interest, the personal information we collect about you is used:
- to verify your identity
- to enable you to use our services
- to process orders, subscriptions and enquiries
- to provide you with information about products and services that may interest you
- to provide you with personalised service or special opportunities
- to allow you to participate in interactive features of our online services
- to run competitions, prize draws, and promotions (if any)
- to facilitate our internal business operations
- to improve our products or services and in planning new products or services
- to conducting market research surveys in relation to our services
- to monitor compliance with our terms and conditions
With your consent or at your request we may:
- Share your contact information with third party organisations who offer products or services that may be of interest to you (if you agree to receive such information)
We may also disclose your information to:
- Other companies in our group who provide services to us.
- Payment third parties if there is a dispute over a payment. For example, if PayPal contacts us regarding a dispute over a payment, we will provide PayPal with user activity information such as IP address, course enrollment and activity linked to the IP address, billing details on our system etc to allow the payment dispute to be resolved.
- Professional advisers including accountants, lawyers, bankers, auditors and insurers.
- Government bodies that require us to report processing activities.
- Third parties where we are required to in accordance with the law and reserve the right to fully co-operate with any law enforcement authorities or court order requiring or requesting us to disclose the identity or other usage details of any user of our online services, or in accordance with a properly executed court order, or as otherwise required to do so by law.
11. Security and overseas recipients
We are committed to ensuring that your information is secure to industry standards however no system can be 100% secure and, provided we have acted in accordance with this policy, we are not responsible for loss you may suffer should your personal information be unlawfully accessed.
Using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. For example, our hosting and storage are managed by Digital Ocean who have their datacentres in The United States of America and certify to the EU-US security shield. Not all countries have the same level of privacy protection as the country within which you reside. You acknowledge and agree to our processing of personal data across international borders in this way. We will do our best to ensure your data is protected to a similar standard as set out in this policy by using third party providers with similar privacy protections.
We will also take reasonable steps to protect all personal information within our direct control from misuse, interference, loss, unauthorised access, unlawful or accidental destruction, modification or disclosure. To prevent unauthorised access or disclosure we use respected hosting services, firewall and other electronic security procedures and managerial procedures to safeguard and secure the information we collect from you.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
All hard copy records we keep are stored in Korea.
12. Opt-out/ unsubscribe
We will provide you with the opportunity to opt-in to receive information about our products or services. You can change your preferences at any time using the unsubscribe options in the emails you receive.
If you would like to delete your account with us you may do so by contacting us at [email protected] and requesting your account and non-transaction data be deleted. Please note that this will not delete all personal information from our system as we retain your information in other areas. For example, we will still retain your purchase history and transaction data.
If you continue to receive communications you have unsubscribed from, please contact us via email at [email protected] and we will remedy the problem.
13. Data retention
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, and if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for some time even after they stop being customers.
In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
14. Third Party Links
Our website(s) may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
16. Accessing and correcting your personal information – Your legal rights
Under data protection laws you have rights (depending on your country of origin) in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us at [email protected] for assistance.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. For record keeping purposes, we will record and store all information exchanged during an exercise of your rights under this clause.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you request to have your information erased (also known as the right to be forgotten), we will, if appropriate, delete your personal information from our active business operating system. Your personal information will however continue to be stored within our backup(s) as we are unable to delete specific items from our backup. It will be deleted at the next scheduled backup deletion. We will keep a log of your request to be forgotten so that, should our backup be used to restore our operating system while your personal information is still stored, your personal information will again be removed from our active system upon restoration.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office in your country. For instance, in the UK contact the Information Commissioner Office at www.ico.org.uk. We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
Our Rules of Engagement for Social Media
If you view, post, comment on, or otherwise use any blogs or websites controlled by us (including discussion areas within the Inner Circle) or any of our social media channels such as Facebook, Twitter or YouTube (collectively called ‘discussion platforms’), you will be taken to have entered into a binding legal agreement with us and you agree to comply with these rules of engagement.
By using our discussion platforms, you make the following warranties or agreements:
1. You agree:
- That you use our discussion platforms at your own risk and are responsible for evaluating the accuracy, currency, completeness and relevance of any material. We take no responsibility for content posted on our discussion platforms.
- We in no way endorse or otherwise support any view, opinion or comment posted by a user or contributor on our discussion platforms and provide no warranty (express or implied) about the accuracy, currency or completeness of any material on our discussion platforms.
- You will not post personal information about yourself or others (for example, telephone numbers, email or street addresses).
- You will not harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- You will treat other people using our discussion platforms with respect and courtesy and you will behave in a civil manner (even if you disagree with material posted by them).
- You will not defame, libel, insult, abuse, harass, stalk, threaten or attack anyone.
- You will not deliberately disrupt conversations, partake in trolling style behaviour or post material that is off-topic, repetitive or excessively long.
- You will only use our discussion platforms for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of, any other person.
- You will not transmit any unlawful, discriminatory, defamatory, obscene, offensive or scandalous content or any material that constitutes or encourages conduct that would contravene the law or disrupt the operations of the discussion platforms.
- You will not post any material that is fraudulent, deceptive or misleading and you will not impersonate or falsely represent any other person or organisation. You will also only post contributions as yourself (ie a real person with a real profile). Fake or anonymous contributions may be deleted.
- You will not use a username that breaches any of these terms and conditions.
- You will not post any material that advertises, offers or promotes anything of a commercial nature.
- You will not introduce any virus, malicious code or unauthorised cookies or similar technology onto our discussion platforms or otherwise damage our discussion platforms.
- You will not upload any material that has been altered to remove proper legal notices.
- You will not download any material posted by another user that you know, suspect or reasonably should know, cannot be legally posted, used or distributed in the manner they have used it or the manner you intend to use it.
- You warrant that you have the right to post the material you have posted, the material is not confidential and you have the intellectual property rights in it. You agree you are entirely responsible and liable for any infringement you may make of another person’s intellectual property or other rights when using our discussion platforms.
- It is at our discretion whether we moderate our discussion platforms or not and whether we enforce these rules of engagement against other users/members or not.
- You agree to indemnify us against any claim by a third party arising out of any breach by you of these rules of engagement and our terms and conditions.
2. If you breach these rules of engagement we may, in our sole discretion:
- Remove or refuse to post any material you have submitted (without any obligation to do so);
- Suspend or permanently block you from using our discussion platforms;
- Terminate your membership to our services;
- Report your conduct to the owner of the relevant platform and/or to any appropriate law enforcement authorities; and/or
- Take any other action, including legal action, which we consider to be appropriate.
3. We do not accept responsibility for any loss, damage, liability, cost or expense however caused or incurred (including through negligence), which you may directly or indirectly suffer in connection with your use of our discussion platforms including information posted by us or others.
4. These terms are governed by the laws of Korea.