Privacy Policy

VIDEOKEN PRIVACY POLICIES

Date of last revision: 17 September 2019

These privacy policies provide important information about how VideoKen, Inc. (“VideoKen”) collects, uses, processes, protects, and discloses information when you use the VideoKen Websites and the VideoKen Learning Platform.

Our Privacy Policy for the VideoKen Websites details the kinds of Personal Information we collect when you visit the various websites that we operate and how we manage and use that information.

Our Privacy Policy for the VideoKen Learning Platform details the kinds of Personal Information that are collected when you use or interact with the VideoKen Learning Platform through an Account Owner’s account.

These policies include legal information about your privacy rights, how you can exercise your legal rights, and how to contact VideoKen.

VideoKen may update these Privacy Policies at any time without prior notice. Any such changes will become effective prospectively from the date of publication. These Privacy Policies were last updated on 17 September 2019. We encourage you to check this page frequently for any changes to our Privacy Policies.

Any inquiries, concerns, or requests regarding the use or disclosure of your Personal Information should be directed to VideoKen’s data protection officer at: privacy@videoken.com.

Privacy Policy for the VideoKen Websites

This privacy policy contains important information about how VideoKen, Inc. (“VideoKen”) collects, uses, processes, protects, and discloses information when you use the VideoKen Websites.

Please visit the Terms of Use for further conditions governing your use of the VideoKen Websites.

1. What this Privacy Policy covers
   
   This policy describes how VideoKen treats Personal Information that we collect, receive, process, store, distribute, and display via the VideoKen Websites, including email, text, and other electronic communications between you and VideoKen.
2. For our privacy policy on information collected on the VideoKen Learning Platform visit: Privacy Policy for the VideoKen Learning Platform.
3. In this policy, “you” means any person or organization that is authorized to use the VideoKen Websites; “we” or “us” means VideoKen, including our subsidiaries and affiliates.
4. The “VideoKen Websites” or “Websites” are websites and apps belonging to VideoKen. “Marketing Partners” are trusted third parties providing us with services and data for marketing purposes or conducting joint marketing activities with us.
5. “Personal Information” is information about you that is personally identifiable by name or can be linked to you through a personal identifier like your address, e-mail address, phone number, or location. This definition is given here for the purpose of this policy only, and some laws may use a different definition. If you are asserting your rights under law, the applicable legal definition governs your rights.
6. When does VideoKen collect Personal Information?
   
   In general, VideoKen collects Personal Information about you in the following situations:
7. When you visit the VideoKen Websites
8. When you register through one of the VideoKen Websites for online or in-person events organized by VideoKen and/or our business partners
9. When you sign up to receive VideoKen’s email newsletter, blog updates, or other communications from VideoKen
10. When you participate in a VideoKen survey
11. When you communicate with VideoKen, post information to a blog or community forum, or upload user submitted media.
12. When you enter promotions and contests offered by VideoKen
13. When you submit your resume or other Personal Information through the VideoKen websites in connection with a job application.
14. Provision of this information to VideoKen is not mandatory. However, you will not be able to access and use the VideoKen Websites and communicate with VideoKen without disclosing some Personal Information to VideoKen.
15. What categories of Personal Information we collect
    
    Through the VideoKen Websites, we may collect Personal Information that you voluntarily provide, such as your name, email address, location, professional title and affiliation, and interests. We also record your communications preferences when you sign up to receive email communications from VideoKen.
16. In addition, like most other websites, when you visit any of the VideoKen Websites, VideoKen automatically receives and records information from a variety of sources, such as information from your browser, device, VideoKen and third-party cookie information, web beacons, VAST tags, pixel tags, social media buttons, URL links, and other methods. Information collected automatically through these sources include your activity on the VideoKen Websites and unique identifiers such as your IP address and device ID.
17. We collect Personal Information about potential business customers and partners from our Marketing Partners and public sources.
18. Although some information collected automatically is not personally identifiable, we or our Marketing Partners may, to the extent permitted by applicable law, aggregate or combine this information with information from other sources, both public and non-public (such as data brokers and organizers of conferences you attended who have your permission to transfer information to us, and information available publicly on the Internet). Combining information from various sources could make anonymous information identifiable as Personal Information or add to the Personal Information we already have about you.
19. The purposes for which we use your Personal Information
    
    We use your Personal Information from the VideoKen Websites solely for certain legitimate business purposes, which include some or all of the following:
20. Contacting you and sending you communications that we think will be of interest to you.
21. Providing you the information you request through our Websites.
22. Remembering information you previously entered on our Websites to enhance, modify, personalize, or otherwise improve your experience on our Websites.
23. Improving our Websites, services, and products.
24. Customizing the advertising and content you see.
25. Conducting research and providing statistical reporting to understand how individuals interact with our Websites and determine the effectiveness of promotional campaigns and advertising.
26. Children
    
    The VideoKen Websites are not intended for children and we do not permit children to register on VideoKen Websites.
27. If we become aware that we have inadvertently received or collected Personal Information pertaining to a child under the age of consent in the jurisdiction where the child is located without valid consent, we will delete such information from our records.
28. Cookies and other activity tracking technologies
    
    We use cookies and other technologies such as web beacons, tags and other technologies to collect information about usage of VideoKen Websites and interaction with emails that we have sent.
29. When you visit VideoKen Websites, our servers or an authorized third party may place a cookie on your browser. The cookie can collect information, including Personal Information, about your online activities. Cookies allow us to track usage of the VideoKen Websites and provide you with a better browsing experience. We also use web beacons on the VideoKen Websites. For example, web beacons may be placed in marketing emails to notify us when you click on a link in the email and are directed to a VideoKen Website. Web beacons are used to improve the VideoKen Websites, enhance our email communications, and track the success of our promotional campaigns.
30. Please see below for details about how we use different categories of cookies and other tracking technologies, as well as how you can manage cookie settings:
31. Functional cookies – We use functional cookies to retain information you entered (such as your language or your geographic region) and collect information about how the VideoKen Websites are used. We may use third-party technology to track and analyse usage information to improve how the VideoKen Websites function, improve your browsing experience, provide more relevant communications, and track the performance of our advertisements.
    To manage the use of functional cookies on the VideoKen Websites, consult your individual browser settings for cookies. You can also visit https://www.aboutcookies.org/ for more information on managing cookies. Note that disabling these cookies may impact functionality when using the VideoKen Websites.
32. Advertising cookies - We or authorized third parties may use cookies to show you ads for our products that we think may interest you on any devices you may use. You may see advertisements for VideoKen’s products on other websites or mobile applications on any of your devices. These cookies also help us manage and track the effectiveness of our marketing efforts.
    To manage the use of advertising cookies on the VideoKen Websites, consult your individual browser settings for cookies. In addition, many ad networks have joined the Digital Advertising Alliance’s self-regulatory program to provide a single opt-out tool at: http://www.aboutads.info and at the European Interactive Digital Advertising Alliance (EDAA) website: http://youronlinechoices.eu. However, VideoKen does not guarantee that using these tools will prevent online behavioural tracking using cookies through our Websites
33. At present, VideoKen and our third-party Marketing Partners do not honour Do Not Track signals set by some browsers. If you wish to avoid behavioural tracking by ad networks, please choose from the available methods for doing so or refrain from using the VideoKen Websites.
34. Social media buttons - The Videoken Websites use social media buttons (collectively, “Social Media Buttons”). Through the Social Media Buttons, you may have the option to post information about your activities on the VideoKen Websites to your profile page on a third-party social media network and share with others within your network.
    Cookies may be set by the respective social media networks to track your online activity. VideoKen has no direct control over the information that is collected by these third parties. Your interactions with Social Media Buttons are governed by the privacy policies of the respective social media networks.
35. Editing and deleting your Personal Information and preferences and opting out of communications and direct marketing.
    
    You can review, correct, edit, or delete the information that you provided to us by sending us an e-mail request at contact@videoken.com. Please note that we may need to verify your identity before processing your request. You may elect to “opt out” of receiving direct marketing or being included in market research information. You can opt out of receiving email communications by following the instructions through the unsubscribe option in VideoKen’s emails. You may also opt out at any time, edit your account information, or delete your account entirely by sending an e-mail request to contact@videoken.com (please indicate “Opt Out” in the subject line).
36. If you are a VideoKen Learning Platform Account Owner, you will continue to receive certain communications pertaining to your Learning Platform account such as platform feature, learning initiatives and administrative messages even if you opt out of marketing communications from VideoKen. While we will try to comply with any request pertaining to your Personal Information in accordance with applicable law, please be aware that we may not be able to fulfill requests pertaining to information already shared with third parties. Some information may be retained on our systems for recordkeeping purposes, and some residual digital information cannot be removed or changed.
37. Disclosure of Personal Information to third parties
    
    We do not sell, disclose, or share Personal Information about you with third parties except under the following circumstances and for the following purposes:
38. When we have your permission to provide you with services you requested and to carry out your instructions.
39. When required by law to respond to subpoenas, court orders, or legal process by public authorities, including disclosures required by national security or law enforcement agencies. Note that VideoKen is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
40. When we need to establish or exercise our legal rights, or to defend against legal claims, or when we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, data breaches, suspected fraud, situations involving potential threats to the physical safety of any person, violations of VideoKen’s Terms of Use, or as otherwise required by law.
41. We may transfer your Personal Information if VideoKen is acquired by or merged with another company, to ensure the continuity of our business and services. In such an event, VideoKen will make a public announcement before information about you becomes subject to a different privacy policy.
42. We may share your Personal Information with third-party service providers or vendors that we engage to support VideoKen’s business and/or the VideoKen Websites. Examples include providers of website hosting services, website analytics services, and marketing and communication services. These third parties are authorized to process your Personal Information solely for the purposes of providing the relevant services to VideoKen.
43. VideoKen and its affiliates are located in different regions around the world, and VideoKen works with strategic partners across different industries, categories of business, and in different jurisdictions. By accessing the VideoKen Websites, your information may be transferred outside of your local jurisdiction.
44. Retention of information
    
    We may retain your information (including Personal Information) for any lawfully permitted period of time, and as necessary to comply with our legal and contractual obligations, enforce our agreements, and enable us to investigate events and resolve disputes.
45. VideoKen blogs
    
    If you participate in a VideoKen blog, or other parts of our Websites that allow you to post your comments, you should be aware that the information you provide there may be made broadly available to others, potentially inside and outside VideoKen, who have access to that blog . Blogs are monitored by VideoKen, and we reserve the right to remove your content at our discretion. Each participant’s opinion on a blog is his or her own.
46. Third-party sites
    
    The VideoKen Websites include links to other websites owned or operated by third parties, such as our video hosting partners who provide products and services that can be used together with VideoKen’s products and services. VideoKen is not responsible for the privacy or security practices of any third-party websites, which are governed by their own privacy policies.
47. Receipt of information from third parties
    
    VideoKen integrates with third-party services (e.g., Zoom, YouTube) to automate ingestion of media assets from the third-party service to the VideoKen account. Media assets ingested from third-party services and associated with an Account Owner’s account are processed according to the same guidelines that apply to the Account Owner’s other media assets and data stored on VideoKen Websites. Retention of media assets ingested from third-party services is controlled by the Account Owner, who may choose to retain such media assets even after ending its relationship with the third-party service.
48. Processing and retention of data from third-party services may also be subject to the privacy policies and terms of use of those third-party services. In particular, VideoKen’s YouTube integration uses the YouTube API Services. Account Owners using VideoKen’s YouTube integration agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and are subject to Google’s Privacy Policy (http://www.google.com/policies/privacy). In addition to VideoKen’s normal procedures for managing and deleting the media assets, Account Owners can manage and revoke the VideoKen YouTube integration’s access to data via the Google security settings page at https://security.google.com/settings/security/permissions.
49. Confidentiality, Security, and Data Integrity
    
    Security measures - The Company has implemented commercially reasonable physical, electronic, managerial, operational and technical security measures to protect the loss, misuse, alteration and security of the Personal Data received from you. The Company’s security practices and procedures limit access to Personal Data on a need to know basis only. Such measures may include, where appropriate, the use of firewalls, encrypted server facilities, secure server facilities, implementing proper access rights management systems and processes, careful selection of processors, standard authentication and encryption policies for its servers and other technically and commercially reasonable measures.
50. Information Security - The Company restricts access to Personal Data to employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
51. Disclaimer - The Company is committed to protecting the security of any Personal Data and uses reasonable efforts including a variety of security technologies and procedures to help protect such Personal Data from any unauthorized access, use, misuse or disclosure. The Company will take all reasonable measures in furtherance of the above commitment. However, the Company cannot guarantee that the Personal Data received from you and other information stored on the servers will be absolutely protected. Company’s systems and the communications networks through which you access the Website may be subject to security breaches and failures due to circumstances beyond Company’s reasonable control. These may include computer "hacking", data theft or and physical theft among others. In such situations, the Company will disclose any breaches to affected users and others as required by law and try to rectify the problems to best of its abilities as soon as possible.
52. Deleted Information - Any data destroyed shall be disposed of in a manner that protects the privacy of the Personal Data received by the Website from you in an appropriate manner as per the standard practices of the industry and norms. However, certain information about you might be stored in the server as default even after termination of your account, which will in no way be accessed by any person other than authorized representative of the Company or shared to any third party by the Company. The User hereby acknowledges and understands that all Personal Data provided in using the Website is with their knowledge and consent and also that it is at their own risk.
53. Rights of California Residents under the California Consumer Privacy Act of 2018 (CCPA)
    
    If you are a resident of the State of California in the United States, you are entitled to certain rights under the California Consumer Privacy Act of 2018 (CCPA). The categories of Personal Information we collect about or from you are described in section 3 above, and the business purposes for which we collect such Personal Information are described in section 4 above.
54. As a business subject to the CCPA, VideoKen does not sell Personal Information. VideoKen may share Personal Information with third-party service providers or business partners for our own business purposes as described in section 8 above. However, we disclose your Personal Information to these third parties only where you have consented to disclosure of Personal Information to such third parties or where such third parties have agreed to contractual limitations around their use, retention, and disclosure of Personal Information
55. As a resident of the State of California, you have the following rights under the CCPA:
56. You have the right to request access to the Personal Information we collect from or about you.
57. You have the right to request details about how we process or disclose your Personal Information.
58. You have the right to request that we delete the Personal Information we have collected about you, subject to certain exceptions.
59. You have the right to not be denied any goods or services for exercising your rights under the CCPA.
60. To exercise any of these rights, you may contact VideoKen by following the instructions in section 17 below. We may need to verify your identity before we are able to process your requests.
61. Rights of European Data Subjects under the General Data Protection Regulation (GDPR)
    
    If you are in one of the EU/EEA countries, you are entitled to certain rights under the General Data Protection Regulation (GDPR) EU Regulation 2016/679 and applicable national data protection regulations.
62. By visiting the VideoKen Websites or communicating with VideoKen, you acknowledge that we may process your Personal Information for the purposes described above, either on the basis of your consent or if we have other lawful grounds to do so. Under the GDPR, you have the following rights with respect to your Personal Information:
63. You have the right to withdraw consent to processing, where consent is the basis of processing. For the Personal Information we collect on the VideoKen Websites, this means you may withdraw your consent to processing by leaving the VideoKen Websites, suspending your account if you have registered on our Websites, and requesting that we delete your Personal Information by contacting us at privacy@videoken.com.
64. You have the right to access your Personal Information that we hold and request further details about how we process it, under certain conditions.
65. You have the right to demand rectification of inaccurate Personal Information about you. We will promptly correct any information found to be incorrect.
66. You have the right to object to unlawful data processing under certain conditions.
67. You have the right to erasure of past data about you (your “right to be forgotten”) under certain conditions.
68. You have the right to demand that we restrict processing of your Personal Information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, or if you believe your Personal Information is inaccurate.
69. You have the right to data portability of Personal Information concerning you that you provided us in a structured, commonly used, and machine-readable format, subject to certain conditions
70. The Personal Information we collect on the VideoKen Websites is not used for automated decision making and profiling, except for automated processes in the context of marketing. As stated above, you can opt-out of direct marketing by VideoKen directly or by following the instructions through the unsubscribe options in our email messages.
71. You have a right to complain to a data protection supervisory authority in your country if you believe that VideoKen is processing your Personal Information in violation of applicable laws.
72. To exercise any of these rights, you may contact VideoKen by following the instructions in section 17 below. We may need to verify your identity before we are able to process your requests.
73. To learn more about your rights under the GDPR you can visit the European Commission’s page on Protection of Personal Data, at: http://ec.europa.eu/justice/data-protection/index_en.htm
74. Cross-border Personal Information transfers and the EU-US Privacy Shield
    
    VideoKen is a global organization headquartered in the United States and has legal entities, business functions, and systems in countries around the world. We may share your Personal Information within VideoKen and transfer it to countries in the world where we do business, including outside of the EU/EEA and Switzerland. Other countries have privacy laws that are different from privacy laws in your country. Regardless of location, VideoKen handles Personal Information as described here, and we take care to ensure that our employees, agents and strategic partners in other countries act in a manner consistent with this privacy policy.
75. VideoKen complies with the EU-U.S. Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. VideoKen has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
76. If you are in the European Union, you have a right to access your Personal Information. If you wish to access your information held by VideoKen, please follow the contact information at the end of this policy
77. VideoKen may be liable for onward transfers to third parties in violation of the Privacy Shield Principles.
78. We will investigate and attempt to resolve requests, complaints, and disputes regarding use and disclosure of your information in accordance with this Privacy Policy and may require further information from you in order to identify you and to address the matter at issue.
79. People in the European Union, EEA, and Switzerland may submit unresolved complaints to binding arbitration in front of the American Arbitration Association (“AAA”) under certain conditions. Information about AAA services can be found at its website: http://go.adr.org/privacyshield.html. The exclusive location for such arbitration shall be Princeton, NJ, United States.
80. VideoKen is subject to the regulatory authority of the U.S. Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:
81. Federal Trade Commission
82. Attn: Consumer Response Center
83. 600 Pennsylvania Avenue NW
84. Washington, DC 20580
85. Email: consumerline@ftc.gov
86. www.ftc.gov
87. Contacting VideoKen about this Privacy Policy
    
    Any inquiries, concerns, or requests regarding the use or disclosure of your Personal Information should be directed to VideoKen’s data protection officer at: privacy@videoken.com.
88. You may also send inquiries to the following address:
89. VideoKen, Inc
90. 157 Broadmead St.,
91. Princeton, NJ 0854
92. Princeton, NJ 08540 Attention: Legal Counsel
93. Changes to this Privacy Policy
    
    VideoKen may update this Privacy Policy at any time without prior notice. Any such changes will become effective prospectively from the date of publication. This Privacy Policy was last updated on 17 September 2020. We encourage you to check this page frequently for any changes to our Privacy Policy.

Privacy Policy for the VideoKen Learning Platform

This privacy policy explains how VideoKen, Inc. (“VideoKen”) collects, uses, processes, protects, and discloses information on the VideoKen Platform.

Please visit the Terms of Use for further conditions governing your use of the VideoKen Websites.

1. What this Privacy Policy covers
   
   This policy describes how VideoKen handles Personal Information on the VideoKen Learning Platform.
2. For our privacy policy on information related to the VideoKen Websites and other communications with VideoKen go to: Privacy Policy for the VideoKen Websites
3. In this policy, “you” means any User that is authorized to use the VideoKen Learning Platform through an Account Owner’s account; “we” or “us” means VideoKen, including our subsidiaries and affiliates.
4. “Account Owner” the means the individual(s) or organization(s) that have permission to use the VideoKen Learning Platform and/or VideoKen products to provide services and distribute media from their account.
5. “VideoKen Learning Platform” means the cloud-based hosted services, APIs, plug-ins, applications, media players, custom websites, and storage provided by VideoKen to Account Owners.
6. “Partner” means trusted third parties and business associates that provide us with some of the services that we provide to you. For example, third-party platforms that are integrated with the VideoKen Learning Platform via APIs or plug-ins, and third-party services you can access through the VideoKen Learning Platform.
7. “Personal Information” is information about you that is personally identifiable by name or can be linked to you through a personal identifier like your address, e-mail address, phone number, or location, and which is not otherwise publicly available. This definition is given here for the purpose of this policy only, and some laws may use a different definition. If you are asserting your rights under law, the applicable legal definition governs your rights.
8. “Users” are those individuals (such as, customers, subscribers, viewers, employees, staff, faculty, student, members, or other persons) who are authorized by an Account Owner to access video, audio, and/or other content from their account.
9. VideoKen is a Data Processor
   
   The VideoKen Learning Platform is a set of online hosted software (“SaaS”) tools for hosting, managing and distributing video content over the Internet. We make accounts on the VideoKen Learning Platform available to Account Owners that are paying customers, free trial users, and business partners. Information uploaded and stored on the VideoKen Learning platform is associated with a given account. In each case, the Account Owner is the Data Controller of the Personal Information of its Users on that account. VideoKen is the Data Processor carrying out data processing activities and instructions on behalf of each Data Controller.
10. Disclosures of information under Account Owner control
    
    Account Owners use the VideoKen Learning Platform to store, process, and distribute videos and other information belonging to them or their Users through their websites, apps, or other comparable means. Depending on the configuration of the VideoKen Learning Platform selected by the Account Owner, media and other information on the Account Owner’s account may be viewable to the general public or to limited audiences. As the controller of Personal Information on the VideoKen Learning Platform, our Account Owners are responsible for maintaining the privacy of Personal Information pertaining to their Users. VideoKen is not responsible for disclosures of information made by Account Owners and their Users through such Account Owners’ respective accounts. When we process your Personal Information on behalf of an Account Owner, it is that Account Owner’s responsibility to protect your privacy.
11. If you are concerned about your privacy while interacting with services provided by a VideoKen Account Owner, you should address requests and inquiries relating to your Personal Information directly to that Account Owner. If you contact us regarding information associated with an Account Owner’s account, we may forward your requests or inquiries to the relevant Account Owner.
12. When is your Personal Information collected on the VideoKen Platform?
    
    When you interact with the VideoKen Learning Platform through an Account Owner’s account, VideoKen collects your Personal Information. Examples of activities where you might interact with the VideoKen Learning Platform include:
13. Viewing videos on the Internet provided from a VideoKen Learning Platform account.
14. Uploading content to the VideoKen Learning Platform.
15. Appearing on videos hosted on the VideoKen Learning Platform.
16. Using applications connected to the VideoKen Learning Platform, logging in to applications connected to the VideoKen Learning Platform, or downloading a VideoKen mobile application.
17. Interacting with the VideoKen APIs.
18. Opening a free trial account or other partner account for the VideoKen Learning Platform or for individual VideoKen products.
19. Downloading a VideoKen application from sites like the Apple App Store and Google Play.
20. Interacting with VideoKen on behalf of an Account Owner (for example, if you are an Account Owner’s account or business administrator or a technical contact you may provide your contact information to VideoKen for service or billing purposes).
21. What Personal Information do we collect about you on VideoKen Learning Platform accounts?
    
    When you use the VideoKen Learning Platform as a User through an Account Owner’s account, the following categories of Personal Information may be collected and processed:
22. Cookies – The Platform sets cookies or stores certain data in the browser's local storage in order to improve the user's experience. No personally identifiable data is ever stored in cookies or browser local storage.
23. Personal Data - Personal data including but not limited to your full name, email address, phone number, physical address and employment information is collected by the learning platform when you register an account with us, request additional information, ask us to contact you, provide us with feedback, sign up for a course or make a payment. The VideoKen Learning Platform collects such Personal Data from you because of your voluntary submission of such information in order to enjoy certain Services.
24. Usage Information - In addition, the learning platform may automatically collect certain other information, including but not limited to usernames, passwords, and other security and usage related information, whenever you visit or utilize the Services such as Log Data, Analytical Code, Time Stamp, Geo Stamp, IP address, version of the device, browser type, browser language, the date and time of your request, your profile, websites visited by you, search terms used, platform type, number of clicks, requested status of other Users, answers to survey questions and various status information and other personal setting information with regard to your usage of the Services provided through the VideoKen Learning Platform (“Usage Information”). Such Usage Information is logged and may be used to create certain anonymized reports.
25. Content and Other Course Related Data - Account owners can upload content including but not limited to video content to the Website. They can also create Courses which include but is not limited to content such as videos, kenlists (video playlists including start and end time of each segment), quizzes, assignments and documents.
26. Course related Usage Data - Usage data is collected from Users/Learners enrolled in a course related to their taking the course. This data without limitation includes time spent on course content, content watched or consumed by the user, answers to quiz questions, assignment submissions, comments on content, content shared on discussion boards, feedback provided or questions asked and answers or comments to questions asked by other participants in the course.
27. Content submitted for Indexing – Account owners may upload videos and other content to the learning platform for analysis and video index creation services provided by VideoKen.
28. Data Posted in Public Forums - At this time we do not have a public forum on the Website that allows posting of publicly visible information or comments. However the Learning Platform reserves the right to allow posting of public comments on its Website in the future. Any personally identifiable data posted in these public forums may be displayed publicly. There are "Discussion Forums" associated with courses and kenlists to which Users can post comments and other information. All information posted on these "Discussion Forums" including any personally identifiable data may be visible to everybody with whom the course or other content (such as Kenlist) has been explicitly or implicitly shared including the Administrators, Instructors and Learners of the course.
29. Moderation Data - Users may be given public access to modify VideoKen's indexing data included but not limited to Table of Contents, Phrase Cloud and Transcripts associated with publicly accessible videos (such as those on YouTube). In this process Users may submit data associated with the modified indices.
30. How we use your Personal Information
    
    Personal Data – VideoKen Learning Platform may use the Personal Data and other information collected as mentioned above for any of the following purposes:
31. Enable the Learning Platform to effectively provide the Services to you.
32. Allow you and to enable you to participate in surveys regarding Services.
33. Maintain the highest quality of the Services and provide general statistics regarding their use and performance.
34. Maintain records or backup.
35. Alert you about updated information and other such new or updated services that may be offered by the Learning Platform.
36. Allow you access to exclusive features and functionality of the Learning Platform.
37. We may use content on an Account Owner’s account to troubleshoot and resolve service issues on that Account Owner’s account.
38. Use of Content and Other Course Related Data – Registered Users can upload content including but not limited to video content to the Website. They can also create courses which include but is not limited to content such as videos, kenlists (video playlists including start and end time of each segment), quizzes, assignments and documents. The copyright for such content remains with the content owner. The account owner is considered to be the organization/employer of the individual content uploader/creator in cases where the content is being uploaded/created on behalf of an organization. A license is granted to VideoKen to share this content with a) Authorized VideoKen employees, affiliates and contractors for purposes of administration, debugging and to ensure that the services offered by VideoKen to both content owners and Users of VideoKen is reliably delivered b) Authorized administrators and managers of the content owners organization, c) Co-Instructors and Teaching Assistants of the course that are explicitly added by the content creator and d) Learners enrolled in the course and other Users with whom the content is explicitly or implicitly shared by the content owner. The content owner or authorized personnel from the content owner's organization may delete such content by logging into the VideoKen platform. Once deleted, access to all original content is removed for all Users of VideoKen and also for VideoKen employees, affiliates and contractors.
39. Sharing of data with Course Administrators, Instructors and Learners - Usage data is collected from Learners enrolled in a course related to their taking the course. Data including but not limited to personally identifiable data such as email addresses, full names and phone numbers of the course participants and Course Related Usage Data including but not limited to quiz and assignment scores, time spent on the course, feedback provided and questions asked or answered is shared with the administrators, instructors, co-instructors and teaching assistants associated with the course and in cases where the Learner belongs to an organization that is delivering the course, may also be shared with other authorized personnel within the organization. This data may also be accessed by authorized VideoKen employees, affiliates and contractors for purposes of administration, debugging and to ensure that the services offered by VideoKen to both course content owners and Users of VideoKen is reliably delivered. This data can optionally also be shared with other Learners enrolled in the course. The instructor and creator of the course can decide whether other Learners in the Course will have access to assessment data including but not limited to quiz and assignment marks and time spent on the course. The responsibility for complying with local laws governing the sharing of assessment data with other Learners of the course lies with the instructor/creator of the course. VideoKen provides a platform to help create and deliver courses and provides the necessary controls to the instructor to either hide assessment data from other Learners or make it available to them in order to foster an environment of openness and healthy competition.
40. Use of Content submitted for Indexing - Registered users may upload videos and other content to the website for analysis and video index creation services provided by VideoKen. This content remains the property of the content up-loader. Limited temporary access is provided to authorized VideoKen employees, affiliates and contractors for purposes of ensuring that the indexing and transcription services offered by VideoKen are reliably delivered and are of high quality. This content is not made available on public internet and is permanently deleted after the required indices and transcripts have been created. The indices and transcripts continue to reside on VideoKen servers post deletion of the original uploaded content and can be made available to original content owner in a manner consistent with VideoKen's agreement with the content owners
41. Data posted in public forums - At this time we do not have a public forum on the Website that allows posting of publicly visible information or comments. However the Website reserves the right to allow posting of public comments on its Website in the future. Any personally identifiable data posted in these public forums may be displayed publicly. There are "Discussion Forums" associated with courses and kenlists to which Users can post comments and other information. All information posted on these "Discussion Forums" including any personally identifiable data may be visible to everybody with whom the course or other content (such as Kenlist) has been explicitly or implicitly shared including the administrators, instructors and Learners of the course.
42. Use of Moderation Data - Users may be given public access to modify VideoKen's indexing data included but not limited to Table of Contents, Phrase Cloud and Transcripts associated with publicly accessible videos (such as those on YouTube). In this process Users may submit data associated with the modified indices. Users hereby agree that all index data including but not limited to modified Table of Contents, Phrase Cloud and Transcripts submitted by Users becomes the property of VideoKen and may be publicly displayed and used in any other manner such as for creating video search indices without reference to the User(s) that submitted this data. The User may not request deletion of modification of any data submitted as part of these indices.
43. Audit logs
    
    The activity on the VideoKen Learning Platform production servers is logged within the system for the purpose of providing VideoKen Account Owners with statistical analysis of use, and to enable us to monitor the system, perform security audits, track errors, report activity via the system, and to comply with data retention rules and internal policies. We use commercially reasonable methods to keep production logs secure and do not use them for any other purpose or share them with third parties except for permitted disclosures to third parties as detailed below.
44. Disclosure of Personal Information to third parties
    
    Your Personal Information on a VideoKen Learning Platform account is controlled by the Account Owner. We do not disclose your Personal Information to third parties except under the following circumstances and for the following purposes:
45. When we have the Account Owner’s permission, in order to provide the Account Owner with services it requests.
46. When required by law to respond to subpoenas, court orders, or legal process by public authorities, including disclosures required by national security or law enforcement agencies.
47. When we need to establish or exercise our legal rights, or to defend against legal claims, or when we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, data breaches, suspected fraud, situations involving potential threats to the physical safety of any person, violations of VideoKen’s Terms of Use, or as otherwise required by law.
48. If VideoKen is acquired by or merged with another company, the VideoKen Learning Platform (including the information stored on Account Owner’s respective accounts) may be transferred to another entity.
49. Retention of information
    
    We may retain your information (including Personal Information) on the VideoKen Learning Platform for any lawfully permitted period of time, and as necessary to comply with our legal and contractual obligations, enforce our agreements, and enable us to investigate events and resolve disputes.
50. Confidentiality, security, and data integrity
    
    Security measures - The Company has implemented commercially reasonable physical, electronic, managerial, operational and technical security measures to protect the loss, misuse, alteration and security of the Personal Data received from you. The Company’s security practices and procedures limit access to Personal Data on a need to know basis only. Such measures may include, where appropriate, the use of firewalls, encrypted server facilities, secure server facilities, implementing proper access rights management systems and processes, careful selection of processors, standard authentication and encryption policies for its servers and other technically and commercially reasonable measures.
51. Information Security - The Company restricts access to Personal Data to employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
52. Disclaimer - The Company is committed to protecting the security of any Personal Data and uses reasonable efforts including a variety of security technologies and procedures to help protect such Personal Data from any unauthorized access, use, misuse or disclosure. The Company will take all reasonable measures in furtherance of the above commitment.
53. However, the Company cannot guarantee that the Personal Data received from you and other information stored on the servers will be absolutely protected. Company’s systems and the communications networks through which you access the Website may be subject to security breaches and failures due to circumstances beyond Company’s reasonable control. These may include computer "hacking", data theft or and physical theft among others. In such situations, the Company will disclose any breaches to affected users and others as required by law and try to rectify the problems to best of its abilities as soon as possible.
54. Deleted Information - Any data destroyed shall be disposed of in a manner that protects the privacy of the Personal Data received by the Learning Platform from you in an appropriate manner as per the standard practices of the industry and norms. However, certain information about you might be stored in the server as default even after termination of your account, which will in no way be accessed by any person other than authorized representative of the Company or shared to any third party by the Company. The User hereby acknowledges and understands that all Personal Data provided in using the Website is with their knowledge and consent and also that it is at their own risk.
55. Rights of California Residents under the California Consumer Privacy Act of 2018 (CCPA)
    
    If you are a resident of the State of California in the United States, VideoKen has certain obligations as a service provider towards Account Owners regarding your Personal Information under the California Consumer Privacy Act of 2018 (CCPA). As a service provider, VideoKen processes Personal Information solely for the purpose of providing the services specified in the contracts between VideoKen and the Account Owners. VideoKen does not process Personal Information collected through an Account Owner’s account for any other purpose.
56. If you are concerned about your privacy while interacting with services provided by a VideoKen Account Owner, you should address requests and inquiries relating to your Personal Information directly to that Account Owner. If you contact us regarding information associated with an Account Owner’s account, we may forward your requests or inquiries to the relevant Account Owner.
57. To learn more about your rights under the CCPA, you can visit the California Office of the Attorney General’s page on the CCPA at: https://oag.ca.gov/privacy/ccpa.
58. Rights of European Data Subjects under the General Data Protection Regulation (GDPR)
    
    If you are in one of the EU/EEA countries, VideoKen has certain obligations as a data processor towards Account Owners regarding your Personal Information under the General Data Protection Regulation (GDPR).
59. The Account Owners, as data controllers, will be responsible for protecting your rights under the GDPR. If you are concerned about your privacy while using service provided by a VideoKen Account Owner, you should address requests and inquiries relating to your Personal Information directly to that Account Owner. If you contact us regarding information on an Account Owner’s account, we may forward your requests or inquiries to the relevant Account Owner or VideoKen by following the instructions in section 14 below. We may need to verify your identity before we are able to process your requests.
60. To learn more about your rights under the GDPR you can visit the European Commission’s page on Protection of Personal Data, at: http://ec.europa.eu/justice/data-protection/index_en.htm..
61. Cross-border Personal Information transfers and the EU-US Privacy Shield
    
    The VideoKen Learning Platforms hosts and processes information in the United States, and our staff accesses the VideoKen Learning Platform in other countries where we conduct business operations.
62. VideoKen complies with the EU-U.S. Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. VideoKen has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
63. If you are in the European Union, you have a right to access your Personal Information. If you wish to access your information held on a VideoKen Account, please contact the relevant Account Owner (the data controller).
64. The Account Owners, as data controllers, are responsible for your protecting your rights under the law applicable to you.
65. VideoKen may be liable for onward transfers to third parties in violation of the Privacy Shield Principles.
66. We will investigate and attempt to resolve requests, complaints and disputes regarding use and disclosure of your information in accordance with this Privacy Policy which have not been resolved by the Account Owner. We may require further information from you in order to identify you and address the matter at issue.
67. People in the European Union, EEA, and Switzerland may submit unresolved complaints to binding arbitration in front of the American Arbitration Association (“AAA”) under certain conditions. Information about AAA services can be found at its website: http://go.adr.org/privacyshield.html. The exclusive location for such arbitration shall be New York, NY, United States.
68. VideoKen is subject to the regulatory authority of the U.S. Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:
69. Federal Trade Commission
70. Attn: Consumer Response Center
71. 600 Pennsylvania Avenue NW
72. Washington, DC 20580
73. Email: consumerline@ftc.gov
74. www.ftc.gov
75. Contacting VideoKen about this Privacy Policy
    
    Any inquiries, concerns, or requests regarding the use or disclosure of your Personal Information should be directed to VideoKen’s data protection officer at: privacy@videoken.com
76. You may also send inquiries to the following address:
77. VideoKen, Inc.
78. 157, Broadmead St.,
79. Princeton, NJ 08540
80. Attention: Legal Counsel
81. Changes to this Privacy Policy
    
    VideoKen may update this Privacy Policy at any time without prior policy. Any such changes will become effective prospectively from the date of publication. This Privacy Policy was last updated on 17 September 2020. We encourage you to check this page frequently for any changes to our Privacy Policy.

‍