ONYX PLATFORM PRIVACY POLICY

Last Updated: August 18, 2020
Onyx Education, Inc. ( “Onyx,” “we,” “us”, or “our”) cares about the protection of your personal information. This Privacy Policy describes how Onyx uses personal information when individuals communicate with us electronically, visit our one of our websites, such as www.onyx.global and www.onyxmastery.com, use our web or mobile apps, or use other Onyx technologies and solutions. We refer to these facilities together as the “Onyx Platform” or the “Platform”.
Please read this Privacy Policy carefully to get a clear understanding of how we handle your personal information when you access or use the Onyx Platform. This Privacy Policy forms a part of the Onyx Platform Terms of Service and shares the same terminology. You should read both documents together.Your privacy is important to: • Unless we say otherwise in this Privacy Policy, we do not use personal information to market or advertise products or services to you that are unrelated to the Onyx mission. • We do not sell User personal information. We do use your personal information for certain stated purposes, such as providing and improving the Onyx Platform and communicating with Users about new features, products, websites, and events related to the Onyx Platform.
1. Information We Collect through the Onyx Platform
We may collect personal information from Users as described below. By “personal information”, we mean any information relating to an identified or identifiable person. An identifiable person is someone who can be identified, directly or indirectly, by reference to an identifier such as a name, an email address, an identification number, location data, online identifier or to one of more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
1.1 Personal Information that We Collect Directly from Your Input
Some Users may choose to interact with the Onyx Platform in ways that require them to provide us with personal information. The amount and type of information that you provide will depend on the nature of the interaction.
1.1.1 Public Website Access
If you wish to: • receive our email newsletters or additional information about Onyx or about our products or services • register for a webinar or event • access our presentations, publications, or blog postings • access our on-demand webinars and podcasts, or • use any public-facing web applications that we may offer,then we may ask you to provide information tailored to meet your request including: • your name • email address • location • company name and job title • telephone number(s), and • fax number. 
Keep in mind that some of our web forms related to these activities provide you with optional fields to provide free text comments, which are not posted publicly and are seen only by Onyx employees.  
You may refuse to provide such personal information, but that may prevent us from being able to provide you with requested information or services.
1.1.1 Onyx User Accounts
When a User creates an account on the Onyx Platform pursuant to our Terms of Service (for example in order to access the Onyx Learner Academy or Onyx Mastery) we ask you for certain information where applicable in order to perform our contract with you, such: • first and last name • email address • phone number(s) • username • password • country • company name • billing address • order notes (free text) • payment method information. When a User contacts us by phone or email provided through the Onyx Platform, we may store the resulting personal information received.
1.2 Personal Information that We Collect Indirectly from Your Use of the Onyx Platform
When a User uses the Onyx Platform, some information may be automatically collected to help us understand how the Platform is being used and how to improve it. For example, device type, the device identifier (UDID), the Open Device Identification Number (ODIN), date/time stamps for each visit, browser type, operating system, Internet Protocol (IP) address, Internet Website provider (ISP), referring/exit pages, clickstream data, and domain name are all collected for purposes of administering, tracking usage of, and improving the Onyx Platform. We may store this information in log files.
Cookies and Similar Technologies
We uses cookies (small text files placed on your device) and similar technologies to provide you with the Onyx Platform, to help collect data, and to promote Platform features and services to Users. These cookies allow you, for example, to log in to secure areas of the Platform and help the content of the pages load quickly. We use cookies to provide Users with a more personal, useful, and interactive experience with the Platform. We also use web beacons to help deliver cookies and gather usage and performance data. The Onyx Platform may include web beacons and cookies from third-party providers. In addition to the cookies we set, third parties can also set cookies when you visit our sites. For example: • Companies we hire to provide the Onyx Platform on our behalf, such as site analytics, may place cookies when you visit our sites. • Companies that deliver content, such as videos linked or embedded, place cookies on their own. These companies use the data they process in accordance with their privacy policies, which may enable these companies to collect and combine information about your activities across websites, apps, or online services.Each User has a variety of tools to control cookies, web beacons, and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics providers to opt out of data collection through web beacons and similar technologies. User browser settings and other choices may impact the functionality of the Platform.
2. How We Use Your Personal Information
We store and process User personal information for the following purposes: • To provide the Onyx Platform, including updating, securing, troubleshooting, and providing support • To improve and develop the Platform • To respond to User input and questions and provide customer service • To communicate with Users about our upcoming events, new Platform features, products, services, and other news related to Onyx and its mission • To send the User information including confirmations, technical notices, updates, security alerts, and support and administrative messages • To identify specific Users in our system • To facilitate the creation and management of accounts on the Onyx Platform • To process and deliver orders • To comply with our legal, regulatory, compliance, or auditing obligations • For other purposes only with your permissionWe do not use your personal information to market or advertise to you, except as stated in this Privacy Policy. We will collect and use only the personal information that you choose to give us that is: necessary for our contractual relationship pursuant to our Terms of Service; necessary for our legitimate business purposes; required by law or regulation; or as otherwise described in this Privacy Policy.We will process Personal Data only in ways that are compatible with the purpose for which we collect it, or for purposes that you later authorize. Before we use your Personal Data for a purpose that is materially different than the purpose for which we collected it or that you later authorized, we will provide you with the opportunity to opt in where that is required by the Privacy Shield or applicable privacy laws. We maintain reasonable procedures to help ensure that Personal Data is reliable for its intended use, accurate, complete, and current.
3. Information We Share
We do not sell User personal information. We share personal information we collect on Users when Users create accounts, request support, or otherwise use the Onyx Platform. We may also share User personal information with vendors, consultants, and other third party providers who need access to such information to carry out work on our behalf and at our direction. For example, we rely on data center operators and communications vendors to operate the Onyx Platform or send you notifications. [ We use a third-party provider, Mail Chimp, to manage our email mailing lists and to deliver our newsletters and other e-mails. When you create a User account or sign up for newsletters or other updates, you sign up to receive emails from Onyx. Your personal information is securely shared and stored with Constant Contact. You may “unsubscribe” from our e-mails at any time by clicking on the “unsubscribe” link at the bottom of our e-mails, in which case Constant Contact will delete your information from our mailing list. For more information on how Constant Contact protects this data, please review Constant Contact’s privacy policy. ]We may also share User personal information for legal, protection, and safety purposes. For example, • We may share information to comply with applicable laws. • We may share information to respond to lawful requests and legal processes. • We may share information in an emergency, such as protecting the safety of our employees and agents, our Users, or any person. • We may share information to protect the rights and property of Onyx, our agents, employees, customers, and others, including by enforcing our agreements, policies, and terms of use. • We may disclose or transfer your personal information in connection with the sale, merger, bankruptcy, sale of assets or reorganization, in whole or in part, of our company.In any such case, we require recipients to comply with the terms of this Privacy Policy and all applicable data privacy and security laws.In the unlikely event we discover that a recipient is using personal information in a way that conflicts with this Privacy Policy, we will take all reasonable steps to stop them.
4. Cross Border Transfers
Onyx processes personal information submitted through the Onyx Platform within facilities located in the United States. Although the laws of this jurisdiction may provide data protection different than your particular jurisdiction, Onyx implements appropriate measures and safeguards to ensure that personal information is transferred, processed, and protected in accordance with this Privacy Policy and applicable data protection and security laws.
Under some circumstances, we may need to transfer personal data from one jurisdiction to another, including to jurisdictions where the laws provide different protection than the jurisdiction from which the information was derived. In any such case, we will take appropriate measures to ensure that personal information is transferred, processed, and protected in accordance with this Privacy Policy and all applicable data protection and security laws.
5. Children
The Onyx Platform is intended for Users eighteen (18) or older. It is not in any way designed to attract children. If we discover that a person under the age of eighteen (18) has submitted personal information to the Platform, or that someone has inappropriately done so on their behalf, we will delete such information from our databases as soon as practicable and in accordance with applicable law.
6. Information Security
Onyx implements commercially reasonable security safeguards to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Methods of protection include: physical measures (e.g., locked filing cabinets and restricted access to offices); organizational measures (e.g., security clearances and limiting access on a “need-to-know” basis); and technological measures (e.g., the use of complex passwords and encryption of data at rest and in transit).Where we engage third parties to process personal information on our behalf for purposes of performing our services, they do so based on written instructions, are under a duty of confidentiality, and are obliged to implement appropriate technical and organizational measures to ensure the security of data.
7. Data Retention
Onyx will hold and process your personal information only for as long as reasonably necessary to carry out the purposes for which you submitted the data unless applicable law requires a longer period or a longer period is necessary in order to protect our rights or the rights of others. In the context of a User account, we store such personal information for as long as you have a User account, or thereafter for up to 30, again unless applicable law requires a longer period or a longer period is necessary in order to protect our rights or the rights of others.
8. Your Rights and Choices
Under some circumstances there are a number of rights that you may seek to exercise with respect to your personal information. For example, you may be entitled to: • access and obtain one copy of your data on request in a structured, commonly used, and machine-readable format; • request that we transmit to a third party the data that we have received directly from you (as opposed to data that we may receive about you from sources other than you), provided the data processing in question is based on the enrollment contract and is being carried out by automated means; • request that we change incorrect or incomplete data; • request that we delete or stop processing your data under certain circumstances and subject to certain limitations, for example where the data is no longer necessary for the purposes for which it was collected; • object to the processing of your data where we are relying only on either the necessity of public interest or our own legitimate interests as the legal ground for processing your data; and • ask us to restrict processing your data for a period under certain circumstances, for example if you are contesting the accuracy of your personal data or if there is a dispute about the lawfulness of certain processing.
If you wish to exercise any of the rights described above, please do so by contacting us as described below. We will attend to your request promptly and will respond within a reasonable time.
If you are dissatisfied with our handling of your request, we ask that you give us the opportunity to resolve the issue; however, you may have a right to lodge a complaint with the data protection authority where you are located.
9. RIGHTS OF CALIFORNIA RESIDENTS
The California Consumer Privacy Act (“CCPA”) provides consumers (California residents) with specific rights regarding their personal information. If and when the CCPA applies to the Onyx Platform, this section describes the CCPA rights that you may have and explains how to exercise those rights, if applicable.
9.1 Access to Specific Information and Data Portability Rights
You may have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. If applicable, once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion ), we will disclose to you: • The categories of personal information we collected about you. • The categories of sources for the personal information we collected about you. • Our business or commercial purpose for collecting or selling that personal information. • The categories of third parties with whom we share that personal information. • The specific pieces of personal information we collected about you (also called a data portability request). • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: ◦ sales, identifying the personal information categories that each category of recipient purchased; and ◦ disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
9.2 Deletion Request Rights
You may have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. If applicable, once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion ), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you. 2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 3. Debug products to identify and repair errors that impair existing intended functionality. 4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.). 6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent. 7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 8. Comply with a legal obligation. 9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
9.3 Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either: • [Emailing us at .kcalb.xyno%40tcatnoc] • [Visiting www.onyxmastery.com]Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
9.4 Response Timing and Format
Where applicable, we endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.If you have an account with us, we will deliver our written response through that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
9.5 Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: • Deny you goods or services. • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. • Provide you a different level or quality of goods or services. • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
10. Changes to this Policy
We may make changes to this Privacy Policy from time to time. If we make changes to this Privacy Policy that we believe will materially affect your rights, we will notify you by email about these changes and/or post a notice to Onyx Platform. We will also change the "Last Updated" date above. If you continue to use the Platform after we provide such notice, you are agreeing to accept these changes. Otherwise, for non-material changes, the Privacy Policy will be updated on the Onyx Platform. You should consult this Policy regularly for any changes.
11. Contact Information
If you have any questions about this Privacy Policy or wish to contact us, please contact .kcalb.xyno%40tcatnoc You can reach us by mail at: Onyx Education, Inc. & Onyx Global, LLC85 Hightower RoadSouthington, CT 06489