Privacy

EFFECTIVE DATE: MARCH 1, 2024

Opogo respects your privacy and is committed toprotecting your personal data.


PURPOSE OF THIS PRIVACY POLICY

This Privacy Policy aims to give you information on the personal data Opogo collects and processes, including any data you may provide when you visit our Website “www.opogo.us”, or sign up to an Account through our Platform, or during the use of any of the products or Services that are made available to you by Opogo. We also aim to tell you about who has access to your personal data collected, your privacy rights, and the Website’s CookiePolicy. 
• This Privacy Policy applies in addition to Opogo’s Terms of Service and forms part of the collective WebsiteTerms that govern your use of the Website, Platform and any Services provided by Opogo.
• This Website, use of the Platform and any Services provided by Opogo are not intended for anyone under the age of eighteen (18). We do not knowingly collect personal data from children under sixteen (16) and if we learn that we have collected personal data from the same, we will delete it as soon as possible.  

CONTROLLER

Opogo is the controller of your personal data. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our Privacy and Data Protection Officer using the details set out below:  
Company Name: Opogo USA INCo  
Address: 525 S Flagler Drive, Ste 500, West Palm Beach, Florida 33401
Telephone number: 1-866-273-0049
Email address: dataprotectionUS@opogo.com 

CHANGES TO THE PRIVACY NOTICEAND YOUR DUTY TO INFORM US OF CHANGE

• 
We keep our Privacy Policy underregular review to make sure it is up to date and accurate. The date of the lastupdate can be found at the beginning of this Privacy Policy. We recommend thatyou visit this page regularly to check for any updates that may have been made.
• It is important that the personaldata we hold about you is accurate and current. Please keep us informed if yourpersonal data changes during your relationship with us.

THIRD-PARTY LINKS

• Our Website include links to thirdparty websites, plug-ins and applications. Clicking on those links or enablingthose connections may allow third parties to collect or share personal dataabout you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you toread the privacy notice of every website you visit.

Consent

• By using our Website or signing up to an Account through our Platform, or during any of the Services that are made available to you by Opogo, you explicitly agree that you consent to the conditions set out in this Privacy Policy. We only collect personal data that helps us achieve the purpose set out in this PrivacyPolicy. We will not collect any additional personal data beyond the data listed below without notifying you first.
• When the legal basis for us processing your personal data is that you have provided your consent to that processing. You may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful.
• In addition, in some instances, processing is necessary for carrying out ourobligations and legitimate interests, be it under contract or the law.

1. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified (eg your name, address, telephone number, e-mail address), as well as any other non-public information about you. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender, passport details, nationality, race, ethnicity and social security numbers.
• Contact data includes residential address, billing address, email address, and telephone numbers (including next-of-kin).
• Employment and Background data includes CV’s, qualifications, accreditations, education and previous employment details.. • Transaction data includes details about payments to and from you and other details of services you have purchased from us. • Technical data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system andplatform and other technology on the devices you use to access this website.
• Profile data includes your username and password, your interests, preferences, feedback and survey responses.
• Usage data includes information about how you use our website and services, including tracking information, log files, analytics, geographic and device information.
• Marketing and communications data includes your preferences in receiving marketing from us and our Internal ThirdParties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.  

We do not collect any special or sensitive categories of personal data about your religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, or information about your health and genetic and biometric data.

If Google ID is used to set up an account, your relationship with Google is governed solely by your agreement with Google, and Opogo disclaims any liability for personally identifiable information that may be provided by Google in violation of the privacy settings that you have set in your Google account. 

COOKIE POLICY

You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy. 

WE DO NOT SELL OR SHARE YOUR INFORMATION

Opogois not in the business of selling, collecting or sharing your personal data with any third party except as necessary to service its business transactions to Schools and Educators (Subs).  

IF YOU FAIL TO PROVIDE PERSONAL DATA 

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that personal data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to open an Account for you or provide you with Services). In this case, we may have to cancel your application for an Account and/or anyServices provided to you but we will notify you if this is the case at the time.

DO NOT TRACK SIGNALS

We are unable to respond to “do not track” signals or other mechanisms that might enable you to opt out of tracking on our Website. We are not responsible for and cannot guarantee how any third parties who interact with our Website and your data will respond to DNT signals.

2. How is your personal data collected?

We use different methods to collect personal data from and about you including through:

• Direct interactions. You may give us your data relating to identity, contact, employment and background, and financial by filling in forms, creating an Account or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- Apply to set up an Account or to receive Services;
- create an Account on our Website or app;
- subscribe to our Services or use our Platforms;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
• Opogo affiliated group companies or service partners. We may collect or receive information from our Internal or Internal Third Party service partners, from our related companies that are own or are operated by Opogo, and from our business and solution partners.
• Automated technologies or interactions. As you interact with our Website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs (IP addresses, browser type, internet service provider, etc) and other similar technologies. We do not link this automatically collected data to personal data. We may also receive technical data about you if you visit other websites employing our cookies. Please see our CookiePolicy for further details.
• Third parties or publicly available sources. We may receive personal data about you from various External Third Parties and public sources which we may add to the information we have already collected from you via our Website in order to improve the Services we provide.
- Technical data from the following parties: 1) analytics providers such as Google and Hubspot; 2) advertising networks such as LinkedIn; 3) search information providers based inside or outside the US; 4) Contact, financial and transaction data from providers of payment services, delivery service providers and umbrella companies; and 5) Identity and contact data from publicly available sources such as government agencies or a postcode look-up provider.

3. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data that you have provided to us in the following circumstances:
• To communicate with you about theWebsite, Platform and/or Services provided including creating an Account, application and background checks, onboarding, marketing and administration etc. This includes creating a public profile of each Educator along with your profile photo for Schools and other users to view, select and provide feedback.  
• Where we need to perform the contract we are about to enter into or have entered into with you for(including Introductions, Assignments, Account management, etc).
• Where it is necessary for our legitimate interests (or those of an Internal or External Third Party) and your interests and fundamental rights do not override those interests. This helps us to improve the quality of experience when you interact with our Website and conduct and manage our business to enable us to give you improved and developed Services and the most secure experience (including obtaining user feedback).
• Where we need to comply with a legal or regulatory obligation.

4. Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. 

PROMOTIONAL OFFERS FROM US

We may use your identity, contact, technical, usage and profile data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant to you (we call this marketing). If you have requested information from us or Services from us or if you provided us with your details when you entered a competition or registered for promotion and, in each case, you have not opted out of receiving that marketing. You have the right to withdraw consent to marketing at any time by contacting us. 

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any company outside the Opogo affiliated group of companies for marketing purposes.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any timeby following the opt-out links on any marketing message sent to you or by contacting us at any time.

5. Disclosures of your personal data

We share your personal data with the parties set out below for the purposes setout in this Privacy Policy, if and to the extent that such disclosure or transfer is necessary.
• Public Profile and Forums – Some of the personal data you provide to us when you register an Account is displayed on your public Profile including your profile photo. By default, yourProfile is public to other users of the Platform and Services which may be read by any member of the public who has access. Our Website may offer publicly accessible message boards, blogs, and forums which you may decide to share information on.
• Internal Third Parties – these are Opogo’s affiliated group companies who are based in the US or UnitedKingdom (UK) who reasonably require access to achieve the purposes set out inthis Privacy Policy (eg providing support services or undertake leadership reporting etc). It also includes Opogo’s business partners and service providers to whom we may outsource services (eg hosting, marketing, IT and system administration services or to assist with payment services).
• External Third Parties– these are professional advisers including lawyers, bankers, auditors and insurers based who help us to comply with our legal obligations or any legal proceedings/protect our legal rights or any corporate business transactions involving Opogo such as buying or selling our legal entity. It also includes governmental authorities, regulators and others where background check may be required by Schools or where formal reporting or legal compliance is necessary.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

INTERNATIONAL TRANSFERS

We may need to share your personal data with parties as set out in this PrivacyPolicy to meet our obligations. Some of our Internal Third Parties are based outside of the United States (US) so their processing of your personal data will involve a transfer of data outside the US. By providing us your personal data you acknowledge and agree that it may in some cases be transferred to countries where laws may be less stringent that those in the US (to the extent allowed by law).  In general, our service providers outside of the US are based on the EU or the UK therefore the stringent rules under the GDPR and DPA are deemed to provide an adequate level of protection for your personal information. Whenever we transfer your personal data out of the US, we do our best to ensure an adequate degree of protection is afforded to it by ensuring appropriate safeguards are in place and that we comply with applicable laws.

USERS IN CALIFORNIA

Opogo makes every effort to comply with applicable laws concerning data privacy and processing of personal information under the California Consumer Privacy Act (CCPA) and the California PrivacyRights Act (CPRA).

USERS OUTSIDE THE US (INCLUDING UK AND EU)

For users in the European Union, we adhere to the General Data ProtectionRegulation (GDPR). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018 (DPA).By providing your personal data, you agree that it may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding the processing of personal data may be less stringent than the laws in your country and consent to such transfer to the extent allowable by law.

6. Data security

While we take all reasonable precautions to ensure that your personal data is secure and that users are protected, there always remains the risk of harm. TheInternet as a whole can be insecure at times and therefore, we are unable to guarantee the security of user data beyond what is reasonably practical. We do limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7. Data retention

We will only process your personal data for as long as it is necessary to fulfill the purpose of the processing (e.g., until the matter you have contacted us with is completely clarified) or until you withdraw your consent, unless legal obligations or the establishment, exercise or defense of legal claims make a longer retention necessary.

8. Your legal rights

Under certain circumstances, depending on the country, you have rights under datap rotection laws in relation to your personal data:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer / data portability of your personal data.
- Right to withdraw consent.
- Right to non-discriminatory treatment

CONTACT US

Ifyou wish to exercise any of the rights set out above, please contact us. You can withdraw your consent at any time by sending your request to the Privacyand Data Protection Officer at Opogo’s ‘Contact Us’ address or by sending an email to: dataprotectionUS@opogo.com.        

No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Timelimit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

Complaints
If you have any complaints about how we process your personal data, please ‘Contact Us’ so that we can, where possible, resolve the issue. You also have the right to contact a supervisory authority and make a complaint directly.