Terms & Conditions
1. Acceptance of Terms
Analytic Academy , Inc. (referred to as “Company,” “ATU,” “us” or “we”), provides the ATU and websites, …………………………. (collectively referred to as the “Site”), as well as all products and services offered therein, including but not limited to the ATU Subscription Service, Workshops, Personality Assessments, Facilitator Guides, and the ATU Facilitator Certifications, (collectively referred to as “Offerings”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OFFERINGS OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, OFFERINGS OR OFFERINGS. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE ‘I AGREE’ BUTTON BELOW.
Offerings. ATU provides a number of Offerings for users on its Site, including the ATU Subscription Service, Workshops, Personality Assessments, Facilitator Guides, Workbooks and the ATU Facilitator Certifications.
No Guarantee. Although ATU works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this site.
Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that we assume no responsibility for the failure to store any user communications or personalization settings.
Fees. If you choose to purchase one or more of the Offerings provided on our Site, you agree to pay all fees associated with the Offerings.
Any charges incurred by your purchase or use of the Offerings, will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within ten (10) days of the change.
Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Offerings you have purchased, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
4. Site Conduct, Posting Policies & Third Party Websites
Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
5. ATU Intellectual Property
Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by ATU or its Affiliates.
Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of ATU or its Affiliates.
Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
No warranty for Third-Party Infringement. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
6. Content You Create.
7. Data Stored on Our Servers
Storage Provided by Us. While If you opt to store personal data of any kind on our servers, you understand and agree to abide by our general practices and limits concerning use of the Offerings available on our Site, including without limitation the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the maximum number of times you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee (if applicable), that remain inactive for longer than one hundred twenty (120) days, or in cases where you have violated one or more terms of this Agreement.
8. Privacy & Security
EU Personal Data
If you are located in the European Union ("EU"), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the "GDPR") with respect to your Personal Data, as outlined in the EU Privacy Notice below.
When your register with us and become a ATU Member, when you choose to teach or attend a class, we will ask you for Personal Data. “Personal Data” refers to information about you that can be used to contact or individually identify you. This includes, but is not limited to, your name, email address, but does not include your credit card number or billing information. Transactions on ATU involving your billing and payment information are processed by PayPal and Stripe and are subject to their privacy policies. We do not store any of the credit card or banking information that you provide to these payment processors.
Login Required. In order to access some of the Offerings on this site, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
Certification. Participants are certified by an instructor at the conclusion of a workshop. Instructors retain the right to withhold certification if they feel that a participant has not met the requirements necessary for certification.
· For a virtual event: If you are unable to attend after registering for a virtual event, you may send a substitute with no penalty up to three days before the virtual event. The participant’s event materials must be given to the substitute, or a transfer fee of 20% will apply if new materials must be sent to the substitute.
· For an in-person event: If you are unable to attend after registering for an in-person event, you may send a substitute with no penalty up to the day of the event.
· One transfer request may be submitted in writing up to 14 days before the scheduled event with no penalty.
· More than one transfer request is subject to a rebooking fee equal to 20% of the total registration fee.
· Transfer requests received less than 14 days before the scheduled event are subject to a rebooking fee equal to 20% of the total registration fee.
· The rescheduled event must be within 12 months of the initial registration or you will forfeit your initial registration fee.
Cancellation: Cancellations received less than 14 days before the scheduled event are subject to a fee equal to 50% of the total registration fee.
No Show: A no show on the day of the event will result in a full charge for the event.
We reserve the right to cancel an event for any reason up to 21 days prior to the scheduled date. Additionally, we reserve the right to cancel a workshop at any time due to weather, acts of God, or acts of terrorism. We will not be responsible for any costs associated with prearranged travel.
Workshop Fee and Payment. The participant fee includes workshop and training materials. Payment can be made by either credit card.
Volume Discounts. Volume discounts are available based upon multiple registrations from the same organization, and are determined by a volume discount tier. The amount due to ATU is based on the number of participants from the same organization who actually attend the workshop, and not based on the original amount of participants committed to attend prior to the workshop. Please note that this means additional funds may be due to ATU if fewer participants attend a workshop than those originally committed to attend, and that reduction of participants results in a change in discount tier.
10. Termination of Use
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Information About Cookies
Cookies can either be “session Cookies” or “persistent Cookies”. Session Cookies are temporary Cookies that are stored on your device while you are visiting our Site or using our Services, whereas “persistent Cookies” are stored on your device for a period of time after you leave our Site or Services. The length of time a persistent Cookie stays on your device varies from Cookie to Cookie. We use persistent Cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Services, how often you return, how your use of the Services may vary over time. We also use persistent Cookies to measure the effectiveness of advertising efforts. Through these Cookies, we may collect information about your online activity after you leave our Services. Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites. Because we collect browsing and persistent identifier data, the Services do not support Do Not Track requests at this time, which means that we may collect information about your online activity both while you are using the Services and after you leave our properties.
Some Cookies are placed by a third party on your device and may provide information to us and third parties about your browsing habits (such as your visits to our Site or Services, the pages you have visited and the links and advertisements you have clicked). These Cookies can be used to determine whether certain third party services are being used, to identify your interests, to retarget advertisements to you and to serve advertisements to you that we or others believe are relevant to you. We do not control third party Cookies.
We use the following types of Cookies:
· Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Site or Services. Disabling these Cookies may make certain features and services unavailable.
· Functionality Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
· Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled "Third Party Advertising".
You can decide whether or not to accept Cookies. One way you can do this is through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some Services and functionalities may not work.
To explore what Cookie setting are available to you, look in the “preferences” or “options” section of your browser’s menu. To find our more information about Cookies, including information about how to manage and delete Cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or http://www.allaboutcookies.org/.
Third Party Advertising
A cookie is used to indicate to other websites that you visited a particular page, and allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you. This cookie does not in any way give access to your computer or mobile device.
If you do not wish to see ads from us, you can opt out in several ways:
We may display interest-based ads to you when you are using Facebook through a tool offered by Facebook called the Custom Audience Tool. This tool allows us to personalize our ads based on your usage of the Services. We do not share any of your personal information with Facebook. The tool lets us convert your email address to a unique number that Facebook uses to match to unique numbers Facebook generates from email addresses of its users. You can find information on how to opt out of this advertising here.
In the event that we are acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from users, including without limitation Personal Data, as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your Personal Data is treated, transferred, or used.
EU Privacy Notice
If you are located in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
What Personal Data Do We Collect From You? We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.
Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:
· First and last name
· Email address
· Date of birth
· Biographical information
· Location information (limited to city, state, zip code, country, and time zone)
· Employment history
Information we receive from third party sources: Some third parties such as our business partners and service providers provide us with Personal Data about you, such as the following:
· Account information for third party services: If you interact with a third party service when using our Services, such as if you use a third party service to log-in to our Services (e.g., Facebook Connect), or if you share content from our Services through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.
· Information from our advertising partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.
· Information from third party service providers: Some of our third party service providers (such as Lever) collect Personal Data about our employees and job candidates and share that information with us.
Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, such as the following:
· IP address
· Your activity on the Services. This includes class usage information such as class enrollment and which classes you’ve watched. It also includes community interaction data, such as which members you’re following, your comments, your projects, or project likes.
· Device identifiers
· Web browser information
· Page view statistics
· Browsing history
· Transaction information (e.g. transaction amount, date and time such transaction occurred)
· Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.). For more information, please review the “Information About Cookies” section above.
· Location information (e.g. IP address)
· Log data (e.g. access times, hardware and software information)
How Do We Use Your Personal Data? We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:
· Create and manage user accounts and profiles
· Personalize content on the Services. This includes showing users their saved classes and class watch history, and providing class recommendations.
· Provide users and Teachers with community features
· Provide Teachers with student lists and pay Teachers appropriately
· Communicate with you about the Services
· Contact you with announcements, updates or offers regarding the Services
· Process orders
· Provide support and assistance for the Services
· Analyze and improve the Services
· Meet contract or legal obligations
· Respond and fulfill user inquiries and requests
· Resolve disputes
· Protect against or deter fraudulent, illegal or harmful actions
· Enforce our Terms of Service
· Complete corporate transactions (for more information, see our “Business Transfers” section above)
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
· Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
· First and last name
· Email address
· If you are a Teacher, the content of your classes
· Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
· First and last name
· Email address
· Location information
· IP address
· Your activity on the Services, including class usage information and community interaction data
· Examples of these legitimate interests include:
· Operation and improvement of our business, products and services
· Personalization of web content on the Service
· Analyzing the use of the Services
· Marketing of our products and services
· Provision of customer support
· Protection from fraud or security threats
· Compliance with legal obligations
· Completion of corporate transactions
· Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
· Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
· Payment processors
· Fraud prevention service providers
· Third party providers of advertising services
· Ad networks and marketing tools
· Analytics service providers
· Engineering and development tools
· Staff augmentation and contract personnel
· Hosting service providers
We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:
· Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services), such as when users and Teachers interact through the Services
· Social media services (if you interact with them through your use of the Services)
· Third party business partners who you access through the Services
We also share Personal Data when we believe it is necessary to:
· Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
· Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
· Maintain the security of our products and services
We also share information with third parties when you give us consent to do so. Furthermore, you acknowledge that we may transfer your Personal Data, and that any acquirer of us or our assets may continue to use your Personal Data, as set forth in the “Business Transfers” section above.
How Long Do We Retain Your Personal Data? We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Security Measures Do We Use? We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity.
Personal Data of Children: As noted above, we do not knowingly collect or solicit Personal Data from anyone under the age of 16.
What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email firstname.lastname@example.org. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
· Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by emailing help@ATU.com.
· Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by making changes to your Profile. You can request that we correct or supplement such data by emailing help@ATU.com.
· Erasure: You can request that we erase some or all of your Personal Data from our systems by emailing helpskillshare.com.
· Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
· Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
· Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
· Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
· Right to File Complaint: You have the right to lodge a complaint about Skillshare’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
What If You Have Questions Regarding Your Personal Data? If you have any questions about this EU Privacy Notice or our data practices generally, please contact us using the following information:
35 E 21st St, 5th Floor, New York, New York 10012