Burlington English Privacy Policy

Burlington Education Ltd. and all of its affiliates, including Burlington English Inc., (collectively referred to herein as, “Burlington English”, “we”, “us” or “our”) offer an online digital solution for language learning. Burlington English takes the privacy of its customers seriously. We are committed to safeguarding your privacy while providing a personalized and valuable service.

1. Overview

This privacy policy (“Privacy Policy”) explains the Personal Information processing practices of Burlington English, including on any website which we control and which links to this Privacy Policy (the “Website(s)”), any current or future portal associated with the Website, or any associated content, material or services contained on the Website (collectively, the “Services” and, together with the Website and the portal, the “System”). If you have any requests concerning your Personal Information or any questions about these practices, please contact us as provided in Section ‎6.3 below. We encourage you to periodically review this statement as it may change at any time at our sole discretion.

The System may contain links to third party sites, which are not subject to this Privacy Policy. Burlington English does not endorse and is not responsible for the privacy practices or content on these sites. We recommend that you read the privacy policy of any such sites that you visit.

In the event you provide us with Personal Information for the purposes of free registration and you later make a purchase, whether directly from us or through one of our e-commerce partners, your privacy rights will be protected according to our stated policies as well as the stated privacy policies of these partners. The policies will be posted and available for your review at the time of purchase.

2. Information Collected

We collect information that identifies or is reasonably capable of being associated with you (your “Personal Information” or “Personal Data”) by means of the following:

The use of inquiry and registration forms.
The purchase process when you buy any of our products or services.
The provision of your details to us either online or offline.
The use of Burlington English products and/or systems.

The elements of your Personal Information that we collect may include:

Name
Job title
Company/Organization name
Home, shipping and billing addresses, phone and fax number
Mobile telephone number
Email address
IP address and browser information
Payment details such as credit card information
Customer usage data for reporting purposes
Audio recordings generated through the customer’s use of Burlington English products, services and/or the System.

3. Obtaining Personal Information

We also obtain information about you when you use our System, for example when you contact us about products and services, when you place an order, or if you register to receive one of our newsletters. We do not obtain any information about you from other sources or third-parties. We do not sell your information to anyone and share it only with third parties who are facilitating the delivery of our services to you such as your company, education institution, or our service providers.

4. Use and Disclosure of Personal Information

We use your Personal Information for purposes which may include:

Providing our customers with a personalized service.
Processing orders, registrations, and inquiries.
Conducting market research surveys.
Measuring interest in and improving our System, products, and services.
Providing you with information about the products, and services we offer.
Resolving disputes, collecting fees, and troubleshooting problems.

We use the information you provide when placing an order to complete that order. We do not share this information with outside parties except:

1. To the extent necessary to complete that order, or to provide Services where an outside party is acting on our behalf and has no independent right to use the information we provide (e.g., third-party shipping, business analytics, or customer support), or
2. To successors in title to our business or as otherwise necessary in connection with a sale of all or substantially all of the assets of Burlington English or the merger of Burlington English into another entity or any consolidation, share exchange, combination, reorganization, bankruptcy, liquidation or like transaction in which Burlington English is not the survivor, or
3. In accordance with legal and regulatory requirements or to enforce or defend our legal rights, or
4. As necessary, at our sole discretion, to protect the perceived rights, safety and property of Burlington English, the users of our System, and the public.

The audio recordings generated by your use of Burlington English products, Services and/or the System will be used by Burlington English solely for the purpose of product development and enhancement.

Other than as set out above, you will be notified when Personal Information about you will be shared with third parties, and you will have an opportunity to elect not to have us share such information.

We may send you emails with marketing materials. If you would no longer like to receive information, newsletters, or other promotional messages from us, please follow the instructions accompanying a particular communication or contact us at privacy@BurlingtonEnglish.com. Your email address will be removed from our marketing list.

We also use information in aggregate form (so that no individual user is identified) for the following purposes:

• For marketing analytics
• To aid strategic development
• To audit usage of the System

5. Legal Basis for Personal Information Usage

This section describes the legal bases that we rely upon for processing Personal Information.

1. Performance of a Contract. One reason we might use your Personal Data is because you’ve inquired into entering into a contract with us or you’ve entered into a contract with us and we need to provide services under that contract. We may not be able to fulfill that contract if you choose not to provide us with your Personal Information.
2. Consent. We will make it clear if we rely upon your consent to process your Personal Data and you are free to withdraw your consent at any time. If you wish to do so, please contact us at privacy@BurlingtonEnglish.com.
3. Legitimate Interest. Another reason we might use your Personal Data is because we have – or a third party has – a legitimate interest in doing so. We do so when responding to your inquiries about our products and services; to provide services and technical support to you; and to enable internal administrative processes, such as account administration.

6. Storage Location and Duration of Processing of Personal Information

1. We retain your Personal Data only for so long as we have a legal requirement to do so and, as applicable, in accordance with our internal data destruction policies and procedures. We may retain certain Personal Data so long as we have an ongoing business relationship in order to provide the Services. We store other Personal Data for longer periods if we have additional basis for processing the information e.g., retention as necessary for maintaining accurate records for tax or other administrative or compliance purposes.
2. We store newsletter (and/or other promotion actions) subscriber information until such subscriber indicates that he/she no longer wants to receive the newsletter (and/or other promotion material).
3. For more information on where and how long your information is stored, and for more information on your rights of erasure and portability, please contact us at privacy@BurlingtonEnglish.com.

7. Use of Cookies and Other Tracking Devices

We use cookies to help effectively offer our System. A cookie is a small piece of information which is sent to your computer’s hard drive by the web server so that the System can remember who you are. This information may include information relating to your use of our System, information about your computer such as the computer’s IP address and browser type, demographic information and, if you arrived at our System via a link from a third-party site, the URL of the linking page. If you are a registered user, this may include your login information for verification purposes.

We only use cookies set by the website owner (in this case, Burlington English), which are called “first party cookies.” Of those cookies, we only use “essential cookies,” or cookies that are strictly necessary to provide you with the System.

Most of the cookies that we deploy are “session” cookies, which are temporary cookies that expire once you close your browser or your session ends. We also drop “persistent” cookies in limited circumstances, which are cookies that remain on your hard drive until you erase them or your browser does, depending on the cookie’s expiration date. As detailed below, we use information from cookies for purposes such as (i) identifying returning users and registrants and (ii) enabling you to move more easily around our System.

The specific types of cookies served through the System (all of which are first party cookies) are described below:

You may choose to set your web browser to not accept cookies. Further information on how to prevent cookies from being stored on your computer can be found on https://www.allaboutcookies.org/ under the ‘manage cookies’ Section. Alternatively, go to the help menu within your Internet browser. If you choose to reject cookies, certain parts of the System may not function properly or as intended by us.

Some of the areas of our System may contain electronic images known as web beacons (sometimes known as clear gifs) that allow Burlington English, and its third-party providers or affiliates, to count and track users who have visited certain portions of our System.

8. Security Policy

Burlington English has set appropriate measures in place that are designed to protect your Personal Information against unauthorized access or use, alteration, unlawful or accidental destruction, and accidental loss. Although we take commercially reasonable efforts to protect your Personal Information from loss, misuse, or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that our security systems could be breached.

When you give us personal information, we take steps to ensure that it’s treated securely. To help protect the privacy of your information, we maintain physical, technical, and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your information to those employees who need to know that information in order to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We undertake to apply appropriate disciplinary measures to enforce our employees’ privacy maintenance responsibilities.

Among other things, we have implemented the following measures and procedures designed to protect your information from loss, misuse, or alteration:

• Electronic Access Control to our systems
• Physical Access Control
• Data Transfer Control
• Internal Access Control (permissions for user rights of access to and amendment of data)
• Daily Vulnerability Scans
• Automatic Malware Removal
• Web Application Firewall
• Basic DDoS Protection
• Advanced Website Acceleration

9. Sharing of Personal Information

We rely on third-party service providers to perform a variety of business operations on our behalf. In so doing, we may need to share your information with them. We provide our service providers with only the personal information they need to perform the Services we request, and we require that they protect this information and not use it for any other purpose. The information we collect from you may be stored in one or more databases hosted by third parties located in the European Union and/or the United States. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval. We engage third parties to mail information or deliver products to you, including books you may have purchased or material from an event sponsor.

10. Your Data Protection Rights

Depending on the country in which you reside, and subject to applicable data protection laws, you may have the following data protection rights:

1. To request access to your personal information that we process.
2. Correct inaccurate Personal Data or erase it in certain circumstances.
3. To update your Personal Data that we process.
4. Restrict or object to the processing of your Personal Data.
5. Receive your Personal Data so that you can use it elsewhere.
6. Where we process Personal Data based on your consent, you also have the right to withdraw your consent at any time; however, this does not affect the lawfulness of the processing before the date that you withdrew your consent.
7. Finally, you have the right to lodge a complaint with a supervisory authority. If you do not know who your supervisory authority is, please contact us and we will help you.

We respond to requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. Please send such requests to privacy@BurlingtonEnglish.com. We may ask you to verify your identity in order to help us respond efficiently to your request.

11. Transferring of Personal Data Outside of the EEA

Information we collect from you might be transferred or processed outside of the European Economic Area (“EEA”). Such transfer takes place on the basis of a European Commission’s adequacy decision as set forth in Article 45 of the GDPR, according to adequate safeguards, such as the Standard Contractual Clauses approved by the European Commission, or pursuant to an appropriate derogation.

12. Contact Us / Request Access to Personal Information

You may find any information about the processing of your personal information or exercise any of the above rights by contacting us as follows:

If you are in the USA:

Burlington English Inc.
4800 N. Federal Hwy., Suite E207
Boca Raton, FL 33431
+1 (561) 672-7286

If you are outside the USA:

Burlington Education Ltd.
15 Costa Paparigopoulou Street
Limassol, Cyprus
+357 (25) 740124

We may charge the allowable fee under applicable law for provision of this information.

13. California Rights

This portion of our Privacy Policy applies to our California resident customers only and applies to the extent of any inconsistency with the information above.
The California Consumer Privacy Act (“CCPA”) provides consumers with specific rights regarding their Personal Information. If you are a California resident, you have the right to request that companies and organizations (businesses) subject to the CCPA disclose certain information to you about their collection and use of your Personal Information over the past 12 months. In addition, you have the right to ask such businesses to delete Personal Information collected from you, subject to certain exceptions. If the business sells Personal Information, you have a right to opt-out of that sale. Finally, a business cannot discriminate against you for exercising a CCPA right.

When offering Services to our customers, Burlington English acts as a “service provider” under the CCPA and our receipt and collection of any consumer Personal Information is completed on behalf of our customers in order for us to provide Services to them. Please direct any requests for access or deletion of your Personal Information under the CCPA to the entity with whom you have a direct relationship, as applicable.

Where we act as a business, you may exercise your CCPA rights, by contacting us as is provided in Section ‎6.3 above. You may also have an authorized agent make a CCPA request on your behalf. If you make a request, we will need to collect information to verify your identity.

Consistent with California law, if you choose to exercise your applicable CCPA rights, we will not charge you different prices or provide you with a different quality of services. If we offer in the future a financial incentive or product enhancement that is contingent upon you providing your Personal Information, we will not do so unless the benefits to you are reasonably related to the value of the Personal Information that you provide to us.

14. Do Not Track

Certain state laws require us to indicate whether we honor “Do Not Track” settings in your browser. Burlington English adheres to the standards set out in this Privacy Policy and does not monitor or follow any Do Not Track browser requests.

15. Children Under 13

This System is not intended for use by persons under thirteen (13) years of age. We do not intentionally collect any information on children under 13 years of age. We will undertake to delete any details of such users where a parent or guardian has notified us that any such details have been obtained.

16. Changes to this Policy

From time to time, we may make changes to this Privacy Policy to reflect any changes to our privacy practices in accordance with changes in legislation, best practices, or System enhancements. We will notify you about material changes to this Privacy Policy by sending a notice to the email address you provided to us or by placing a prominent notice on our System.

17. Residents of the European Economic Area (“EEA”) and the United Kingdom

This portion of our Privacy Policy applies to our customers in the EEA and the United Kingdom only and applies to the extent of any inconsistency with the information above. All terms not otherwise defined in this section shall have the meanings as defined under applicable data protection laws.

Purpose of Processing. When we process your Personal Data, we determine the purpose of the processing and act as a controller. We will primarily process Personal Data from the EEA and the United Kingdom to offer our products and services and to provide prospective customers with information about our products, in addition to other purposes set out in this Privacy Policy.

Automated Decision Making. We do not engage in any automated decision making as a part of our Services.

Your Right to Rectification. We want our records to be as accurate as possible, so please advise us of any errors and we will make corrections accordingly. Although a difference of opinion or view does not necessarily mean that Personal Data is inaccurate. If you have a difference of opinion, we will do our best to add that opinion to our records.

Erasure and Your “Right to be Forgotten”. Please contact us at privacy@BurlingtonEnglish.com if you want us to delete your Personal Data. We will do our best to honor your request, but we may have an obligation to keep records for audit and legal purposes. We may also be able to “Restrict Processing” or delete specific information or a document, which we will do without undue delay, for example, where it has been sent to us in error.

Your Right to Object to Processing. In certain circumstances, you have the right to object to our use of your Personal Data, such as if we are using your Personal Data for direct marketing; for our or a third party’s legitimate interests or the public’s interest; or for scientific or historical research and statistics. Please contact us at privacy@BurlingtonEnglish.com if you would like us to do so.

Right to Restrict Processing. Under some circumstances, you may request that we limit how we use your data or “Restrict Processing.” Simply a difference of opinion or view does not necessarily justify a restriction, but we will always consider your opinion. We will always inform you before we lift any restriction.

Your Right to Access Data. You have a right to receive a copy of your Personal Data from us. If you would like to do so, please contact us at privacy@BurlingtonEnglish.com and we will advise you of the next steps as soon as possible, and in no more than one month.

Right to Data Portability. At your request, we are happy to provide your Personal Data in a machine-readable or “portable” format so you can move it or store it wherever you want, subject to certain limitations. We can also send it to another controller where technically feasible. If you would like to do so, please contact us at privacy@BurlingtonEnglish.com and we will advise you of the next steps.

Right to Complain. If you have a complaint about how Burlington English uses your Personal Data, we hope that in the first instance you will contact us and we will promptly address your concern. However, you can always file a complaint with the supervisory authority in your jurisdiction. For more information, please contact your local data protection authority (contact details for data protection authorities in the EEA are available at https://edpb.europa.eu/about-edpb/about-edpb/members_en; and contact details for the data protection authority in the UK are available at https://ico.org.uk/.

Charges/Fees. We do not charge you a fee for exercising any of your rights described above.

Contact Information. Please direct any rights requests (as described above) or additional questions that you may have regarding this Privacy Policy to privacy@BurlingtonEnglish.com.

18. Residents of Brazil

This portion of our Privacy Policy applies to our Brazilian customers only and, applies to the extent of any inconsistency with the information above.

Data Protection Rights. You have the following rights, subject to certain exceptions, under the Lei Geral de Proteção de Dados (“LGPD”):

• confirmation of the existence of processing;
• access to Personal Data;
• correction of incomplete, inaccurate, or outdated Personal Data;
• anonymization, blocking, or elimination of unnecessary or excessive Personal Data;
• portability of Personal Data (subject to our ability to protect our trade secrets);
• elimination of the Personal Data processed with the consent of the data subjects;
• information on the public and private entities with which the controller has shared Personal Data;
• information on the possibility of not providing consent and on the consequences of such denial;
• revocation of the consent, where consent serves as the basis for data processing; and
• reviewing decisions based on the processing of Personal Data carried out exclusively by automated means.

If you have any other requests relating to your personal data or if you wish to exercise any of your rights, you can contact Michel Chioatto Soulé at privacy@BurlingtonEnglish.com. Subject to applicable law, we will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

Consent. We will make it clear if we rely on your consent to process your Personal Data and you are free to withdraw your consent at any time. If you wish to do so, please contact us at privacy@BurlingtonEnglish.com .

19. Residents of Singapore

This portion of our Privacy Policy applies to our Singapore customers only and, applies to the extent of any inconsistency with the information above.

Burlington English takes steps to keep your Personal Information accurate and up to date. If you reside in Singapore, you may request access to, and modification, opposition, and deletion of the Personal Information that we have collected about you. To access your Personal Information, please contact us at privacy@BurlingtonEnglish.com. Subject to applicable law, we may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

20. Residents of Australia

This portion of our Privacy Policy applies to our Australian customers only and, applies to the extent of any inconsistency with the information above.

This section explains how we handle Personal Information relating to individuals who are Australian customers, so as to ensure we meet any obligations under the Australian Privacy Act.

In this section, “Personal Information”, is defined in the Australian Privacy Act, and means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, or recorded in a material form or not. Personal Information includes a person’s name, address, contact details, date of birth, gender, sexuality and race.

By electing to acquire our Services, you will be deemed to consent to us using your Personal Information in a manner consistent with this Privacy Policy, including monitoring your use of our System.

Direct Marketing. We will not use or disclose Personal Information for the purposes of direct marketing to you unless:

• you have consented to receive direct marketing materials; or
• you would reasonably expect us to use your personal details for this purpose; or
• we believe you may be interested in the material but it is impractical for us to obtain your consent.

In every instance, we will ensure that our direct marketing material incorporates an option for you to elect to receive no further such communications.

Please note also that even if you have requested not to receive further direct marketing communications, we may nevertheless continue to provide you with information about changes to our terms and conditions for the supply of goods or services, questionnaires and other factual information. This form of communication is not regarded as “direct marketing” under the Australian Privacy Act.

Overseas Disclosure. Personal Information may be sent outside of Australia to our related bodies corporate, such as in the United States, as permitted by the Australian Privacy Act. We take reasonable steps to ensure that the overseas recipients of your Personal Information do not breach our privacy obligations relating to your Personal Information. By providing your Personal Information to us, you consent to our disclosure of your Personal Information to these entities.

Access, Correction, and Further Information. We will take such steps as are reasonable to ensure that the Personal Information that we collect remains accurate, up-to-date, and complete.

You may request access to any Personal Information we hold about you at any time by contacting us at privacy@BurlingtonEnglish.com. Upon such request, we will endeavor to provide you with access to your Personal Information held by us unless we are permitted under the Australian Privacy Act to refuse to provide you with such access. Please contact us at privacy@BurlingtonEnglish.com if you:

• wish to have access to the Personal Information which we hold about you;
• consider that the Personal Information which we hold about you is not accurate, complete, or up-to-date; or
• require further information on our Personal Information handling practices.

There is no charge for requesting access to your Personal Information, but we may require you to meet our reasonable costs in actually providing you with access.

If you consider that the information which we hold about you is inaccurate, out-of-date, incomplete, irrelevant, or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information if you so request.

We will respond to all requests for access and/or correction within a reasonable time.

Complaints. If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your Personal Information, you should advise us at privacy@BurlingtonEnglish.com.

If you remain unsatisfied with the way in which we have handled a privacy issue, we suggest you approach an independent advisor or contact the Office of the Australian Information Commissioner for guidance on alternative courses of action which may be available. We will provide our full cooperation in the event that you elect to pursue this course of action.