This Privacy Policy (the “Privacy Policy”) is designed to provide data subjects with information on the processing of their personal data (any information relating to them) in the context of usage of the Babskenky & Company’s Service (https://www.babskenky.com/ and web-resources connected with it) (“Service”), including under the Terms of Use accepted by the data subject (“Agreement”).

This Privacy Policy is based on the provisions of data protection laws, which may be applicable in the country of your residence.

Controller
Data controller with regard to personal data processed under this Policy is a company providing the Service under the Agreement.
For more details about the identity of the Data controller, please refer to the Agreement. Each of these companies is referred to as “Babskenky & Company” or “we” in this Privacy Policy.
Data subjects can contact us on any questions relating to the processing of their personal data under this Privacy Policy by either of the following methods:

• Email: [email protected]

Categories of processed personal data
The table below sets out the categories of personal data Babskenky & Company collects and processes. Babskenky & Company collects personal data only from the data subjects.

Data

Purposes and legal bases for the processing
We process your personal data only when we have one of the legal bases mentioned below:

1. 3.1.Performance of the Agreement. - We may process your personal data in order to provide you the Service under the Agreement.
2. 3.2.Legitimate Interest. - We may process your personal data when we (or a third party) has an interest in using your personal data in a certain way, which is necessary and justified in light of the possible risks.
3. 3.3.Consent. - Where required by applicable laws, we will process your personal data based on your consent.
4. 3.4.Legal Obligations. - When we must process your personal data to comply with applicable laws.

The table below sets out:

• Babskenky & Company’s purpose for processing your personal data;
• Babskenky & Company’s legal basis for each purpose under applicable law;
• categories of personal data which Babskenky & Company uses for each purpose.

If applicable data protection laws allow processing of certain personal data only on the basis of your consent or other specific legal ground, we will obtain such consent or respective legal ground. If this is the case, the above table remains relevant only in part it is compatible with requirements of applicable data protection laws.
Thus, legal basis for processing your personal data may differ according to applicable laws in the country of your residence.
We do not process your personal data for other purposes that are not covered by this Privacy Policy.

How we share your personal data
Information we share with third parties
We disclose certain personal data to the following recipients to the extent required or permitted by applicable law and/or based on their legitimate and reasonable requests:

• our tutors and academic staff to the extent required to provide the Services;
• affiliate entities of Babskenky & Company which are a part of the same group of companies to the extent required to provide the Services;
• partners looking for educational and career opportunities for students;
• service providers who assist us in providing the Services, such as: IT services, legal advisers, accountants, suppliers of payment processing services, providers of cloud services for hosting and storage of information related to the Service, sales and marketing services;
• partners assisting us in gathering statistical and aggregated information about how users and students interact with the Service;
• partners otherwise assisting in provision of the Service and achievement of other purposes mentioned in the section 3 of this Privacy Policy;
• various public authorities if strictly required to respond to their legitimate formal inquiries and for the purpose of fulfilling legal obligations;
• loans and financial services providers;
• other third parties when it is required for compliance with applicable laws.
• in the event of transfer or assignment of our business, activities, assets and/or rights and obligations, in whole or in part, to third parties and/or affiliates, merger with a third party or corporate restructuring (including while conducting negotiations in connection with such transactions).

These third-party providers will process your personal data only for the purpose of performing their functions and they may not use that data for any other purpose.

Payment processing.
When you purchase our courses or other products offered by Babskenky & Company, we may forward you to the web-resources owned by external providers of payment services. When the payment is made, we will get information about your payment status only. Under no circumstances, we can have access, control, obtain or store information about your payment card, banking account or other payment details that may be requested by providers of payment services. Babskenky & Company may not control or have access to any communication you may have with those third-party payment services providers. Please be aware that such processing may be governed by third party privacy policies not under our control.

Links to other sites
Our Privacy Policy is designed to advise you about how we collect, use, protect, and disclose the personal data. However, our Service may contain links to other sites that are not operated by us. These may include, among others, zoom services and other similar video and webinar conferencing platforms allowing our students to connect their classes and tuition with video, audio, phone, chat etc. via the internet and their supported device. These services are provided by third party providers which require separate registration by the user, and we have no control over their services and take no responsibility for them. Please note that this Privacy Policy does not govern the practices of such third parties, including our partners, third party service providers, and/or advertisers, even when those services are branded as, or provided on behalf of Babskenky & Company. Information collected from you by others, such as third-party websites that you access through links on the websites, are governed by those entities’ privacy policies. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policies of every site you visit.

WE HAVE NO CONTROL OVER AND ASSUME NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES OR PRACTICES OF ANY THIRD-PARTY SITES AND SERVICES.

How your personal data is stored, transferred, and secured Transfers to other countries
We may transfer personal data internationally with Babskenky & Company affiliated group companies, subcontractors and partners when carrying out the activities described in this Privacy Policy.
Whenever we transfer personal data internationally, we use tools to make sure the data transfer complies with applicable law.
We also identify and use additional tools to:

• make sure the personal data transfer complies with applicable law;
• help to give your personal data the same level of protection under applicable law;
• identify whether public authorities of the third country may seek access to the data with or without the data importer's knowledge either via legislation, practice, or reported precedent.

Storage of personal data
We store personal data as long as it is required to achieve the purposes of the processing specified in section 3 of this Privacy Policy, unless there are specific longer retention periods that are defined by applicable laws. Anonymized, non-identifiable data may be retained and used by Babskenky & Company without limitation.
If you wish to have any personal data removed from our databases, please contact us by sending a request with the use of contact details specified in Section 1 of this Privacy Policy.

How personal information is secured
As appropriate and as required by applicable law, we use security measures appropriate to the sensitivity of the information we collect, including physical, organizational, and technological protections. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
Personal data may only be accessed by persons within our organization, or third parties identified in the Section 4 as set forth in this Policy.

Basic rights of data subjects

Please see Your rights and their descriptions in this table.

To exercise their rights, subject to legal limitations, data subjects can contact us with the use of contact details specified in Section 1 of this Privacy Policy.

Withdrawal of consent
Where processing is based on consent, you have the right to withdraw consent at any time.
You can opt-out of receiving electronic communications at any time by opt-out method, e.g., replying “STOP” to SMS messages, clicking the unsubscribe link in emails, or contacting us directly at contact details specified in Section 1 of this Privacy Policy.

Right to lodge a complaint with a supervisory authority
When provided by applicable laws, you have the right to lodge a complaint with a supervisory authority in the area of data protection in the country of your residence.

Necessity to provide personal data
We only collect such personal data that is necessary for us to perform our Service or for other purposes disclosed in the Section 3 of the Policy.
However, please be aware that there are no general statutory or contractual requirements for data subjects to provide Babskenky & Company with personal data processed under this Policy. Thus, this is a matter of your choice whether you wish to disclose any personal data to us.

Cookies
We use “cookies” to help personalize and optimize your online experience and time online, including for storing user preferences, improving search results, tracking user trends and other general improvement of the Service.
You can turn cookies off in the settings of your web browser or mobile device.

Children’s privacy
We do not knowingly or intentionally collect personal data through the Service from children under eighteen (18) years of age. If you are under eighteen (18) years of age, do not attempt to register for or use our Service, do not provide us any personal data about yourself. If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and provided us personal data, please contact with the use of contact details specified in section 1 of this Privacy Policy.

Changes to this Privacy Policy
We may change this Privacy Policy from time to time at our sole discretion. If so, we may notify the data subjects about these changes by an appropriate method. If there is no explicit notification, the data subjects may always review the up-to-date version of this Privacy Policy
Any changes we make will be reflected in an update to our Privacy Policy and by revising the “last updated” date at the top of this Privacy Policy. You are advised to check back to this page periodically to learn of any changes made to our policies. Changes to this Privacy Policy are effective when they are posted on this page.

Difficulty accessing this Privacy Policy
Individuals with disabilities who are unable to usefully access our Privacy Policy online may contact us at the above-listed contact information to inquire how they can obtain a copy of our policy in another, more easily readable format. Under no circumstances, will we collect or otherwise process information about your health or other sensitive data about you in connection with such request.

STATE/COUNTRY SPECIFIC PRIVACY POLICIES AND NOTIFICATIONS.

A. Privacy Information for California Residents
This section of the Privacy Policy applies only with regard to California residents. When applicable, this section shall prevail over all other parts of the Privacy Policy in case of discrepancies.

Personal Information Collected over the Last 12 Months
Personal information we collected directly from you:

We do not sell your personal information to third parties. This includes, but is not limited to, personal information collected through text messages (SMS/MMS) and email communications.

How we share your personal information with third parties
Categories of Personal Information Disclosed over the last 12 months



Information we sell

We do not sell your personal information to third parties. Please note that “sale” of personal information does not include those instances when such information is part of a merger, acquisition, or other transaction involving all or part of our business. If we sell all or part of our business, make a sale or transfer of assets, or are otherwise involved in a merger or other business transaction, we may transfer your personal information to a third party as part of that transaction. If such transaction materially affects the manner in which your personal information is processed, we will notify you of such change prior to its implementation.

Your California Privacy Rights
We have in place policies and procedures to facilitate the exercise of privacy rights available to California residents under applicable law.  If you are a California resident, you may be entitled to the following:
Right to Access: to have access to your personal information upon simple request – that is, you may receive a copy of such information upon receipt of a verifiable request, along with other information related to the collection or processing.
Disclosure of Direct Marketers:  to have access upon simple request, and free of charge, the categories and names/addresses of third parties that have received personal information for direct marketing purposes. Babskenky & Company does not share your personal information with third parties for their direct marketing purposes. Right to Information About Collecting, Selling, Sharing, or Disclosing Personal Information:  upon receipt of a verifiable request, you may obtain a list of:

• The specific pieces of your personal information Babskenky & Company holds;
• The categories of personal information collected about you, sold to third parties, or disclosed to third parties for business purposes;
• The categories of personal information sold within the last 12 months;
• The categories of sources from which personal information is collected;
• The business or commercial purpose for collecting or selling personal information; and
• The categories of third parties with whom personal information is shared, sold, or disclosed for a business purpose.

Right to Opt-Out of the Sale of Personal Information: California residents have the right to opt-out of the sale of their personal information under certain circumstances. Right to Deletion:  to obtain the deletion of your personal information in the situations set forth by applicable data protection law and upon receipt of a verifiable request. Right to Non-Discrimination.  As defined under relevant law, you have a right to non-discrimination in the services or quality of services you receive from us for exercising your rights.
Please contact with the use of contact details specified in section 1 of this Privacy Policy in relation to exercising these rights.  Note that we may ask you to verify your identity – such as by requiring you to provide information about yourself – before responding to such requests.

Submitting a Verifiable Request under the CCPA

As mentioned above, California residents have certain rights to access, delete, or otherwise exercise rights regarding their personal information under the California Consumer Privacy Act of 2018 (“CCPA”).  Babskenky & Company will respond to an individual’s “verifiable request” to exercise his or her rights under the CCPA – that is, where Babskenky & Company has received a request purporting to be from a particular individual, and Babskenky & Company has been able to verify the individual’s identity. The need to verify an individual’s identity is critical to protecting your information, and to ensuring that your information is not shared with anyone pretending to be you or someone who is not authorized to act on your behalf.
Submitting your request. You may submit a verifiable request with the use of contact details specified in section 1 of this Privacy Policy.  We will ask you to provide information about yourself so that we can verify your identity as part of this process.  This information may include your name, address, whether you have an account with Babskenky & Company, and other information deemed necessary by us to reasonably verify your identity. Once we have your submission, we will compare the information you provided to the information we have about you to verify your identity. If necessary, we may ask for additional information if we have difficulty confirming your identity.  We will not share your information or honor other requests in those situations where we are unable to confirm that a request for your information is a “verifiable request.” We will not be able process your request if we cannot verify your identity.
Submitting a request through an authorized agent. Under California law a California resident can appoint an “authorized agent” to make certain verifiable requests upon their behalf, such as the right to know what information we collect about the consumer or to request deletion of the consumer’s information. An authorized agent may submit a request by following the steps outlined above. An authorized agent must identify the consumer he or she is submitting a request on behalf of, and provide the information requested by Babskenky & Company to verify the consumer’s identity. We will also require the purported authorized agent to submit proof that he or she has been authorized by the consumer to act on the consumer’s behalf.
Because the security and privacy of your information is paramount, we will ask that you identify and provide permission in writing for such persons to act as your authorized agent and exercise your applicable rights under California law in such situations. This may require us to contact you directly and alert you that an individual has claimed to be your agent and is attempting to access or delete your information. We will also independently verify your identity to ensure that an unauthorized person is not attempting to impersonate you and exercise your rights without authorization. We will not share your information or honor any other requests in those situations where you cannot or do not grant permission in writing for an identified authorized agent to act on your behalf, or where we cannot independently verify your identity.

Submitting a Request for Removal of Minor Information
To request the removal of information about a minor from this site, parents or guardians may submit a request with the subject line “Removal of Minor Information.” Such requests must come from the minor’s parents or guardian; minors may not submit information to us via email.
Your submission should include the following information:

• the nature of your request;
• the identity of the content or information to be removed;
• whether such content or information is found on the Site;
• the location on content or information on the Site (e.g., providing the URL for the specific web page the content or information is found on);
• that the request is related to the “Removal of Minor Information;” and
• your name, street address, city, state, zip code, and e-mail address.

If we become aware that a minor has provided us personal data or otherwise used the Service in violation of the Privacy Policy, we will take steps to remove that information.
Pursuant to 47 U.S.C. Section 230(d), Babskenky & Company hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information regarding providers of such protections may be found on the Internet by searching “parental control protection” or similar terms.

Our Policy on “Do Not Track” Signals under the California Online Protection Act
We do not support Do Not Track. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable “Do Not Track” by visiting the “Preferences” or “Settings” page of your web browser.
Third parties may collect data that relates to you.  We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

How to Contact Us/Submit a CCPA Inquiry
If you are a California resident and have any questions about this Privacy Policy, our practices, or your personal information, please contact us via the contact information at the top of this Policy.

B. Privacy Information for Residents of Colorado, Utah, Virginia, and Nevada:
Unless that contradicts to the law of the state of your residence, provisions of the Chapter A “Privacy Information for California Residents” will apply to the processing of your data. Please contact us whenever you have questions related to your rights or any other questions under this Privacy Policy by either of the methods set forth in the Section 1.