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Privacy Policy

Welcome to EDGE which, along with the NASM websites (“Sites”), are owned and operated by the Assessment Technologies Institute, LLC, through its division National Academy of Sports Medicine (“NASM”) located at 355 E. Germann Rd, Ste. 201, Gilbert, AZ 85297, USA (the “Company”).

Please note, EDGE is based in the United States and all data provided to, stored by or creating in the use of EDGE is stored in the United States. By using EDGE, and through your acceptance of this policy, you consent to the transfer of your data into the United States. EDGE is only available in English.

 

Commitment to Privacy

NASM is committed to respecting your privacy. This Privacy Policy describes how we collect, use, share and protect information about you. Our privacy practices may vary among the states, countries and regions in which we operate in order to comply with applicable legal requirements.

There are two types of users for this APP, Fitness Professionals and Fitness Clients:

  • Fitness Professionals are personal trainers and others who hold a current and active CPT credential from an accredited certification body, such as the NASM_CPT, and assist people with implementing a fitness plan. Holders of the NASM-PES or NASM-CES credentials are also Fitness Professionals.
  • Fitness Clients are the individuals who engage Fitness Professionals.
  • Exercisers are individuals who use EDGE without affiliation with a Fitness Professional in order to participate in workouts delivered via EDGE.

This Privacy Policy applies to Fitness Professionals, Fitness Clients, Exercisers and any other person who establishes an Account for EDGE. For more information about establishing an Account, please see the EDGE Terms and Conditions.

 

Consent

When you interact with or use EDGE or other products, services or websites of the Company (collectively, our “Services”), you consent to such collection, transfer, use and sharing of your information as described in this Privacy Policy and our Terms and Conditions for EDGE (the “EDGE Ts&Cs”). In using EDGE, you may engage with our websites or other products and services which may also have privacy policies, to which you may be asked to consent.

If you are located outside the United States, your use of, and entry of personal information into, EDGE or any of our products or services constitutes your consent to the transfer of your personal information into the United States. Although we do not normally collect any sensitive personal information (such as ethnicity or race, religious beliefs or medical conditions), your entry of any such sensitive information in using our Services is your express consent to the collection and use of such information and the transfer to, storage and processing in the United States of such sensitive information.

If you do not consent to the terms of this Privacy Policy, please do not continue to use EDGE.

 

INFORMATION COLLECTED
Below are some examples of the types of personal information the Company, through EDGE, may collect. Please note, that if you use other products or services of the Company or third-party providers associated with the Company, data may be collected by the Company subject to the applicable privacy policy.

 

What personal information we collect from everyone:

  • Contact information. We will collect your contact information when you create an Account, purchase a product or additional functionality, download a software update, register additional users, contact us or participate in an online survey. We may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit/debit card information.
  • Cookies and other technical data, as described more fully below.
  • Diagnostic, technical, and general EDGE usage information to (i) facilitate the Company’s product, support and software development, and improve the Company’s Products, Services and apps, (ii) verify compliance with license terms, (iii) monitor, record and report information about the user activity and engagement with EDGE and the Company’s Products, Services and Sites, (iv) collect information around device use, EDGE volume and load, and user results in connection with certain features or material of EDGE.
  • We also may collect information about you from other sources. We work closely with third parties (for example, business partners, service providers, sub-contractors, educational institutions, analytics providers, search information providers, fraud protection services) and may receive information about you from them. We may collect and process information about you that your employer or any educational, professional, governmental, oversight or other organization with which you are, or previously were, affiliated provides to us. Similarly, we may collect and process information about you that we receive from other sources including organizations that are our customers (which might be your employer or educational organization, for example), organizations that provide our products or services by way of a co-branded or private-labeled platform, product, service, website or application, and organizations that sponsor surveys or programs in connection with our Products and Services.

 

Other personal information we may collect from Fitness Professionals:

  • Credit or debit card number or other payment or financial information in order to process a purchase or transaction. Please note that data collected by Stripe, the third-party processor of Fitness Client payments, is stored or maintained by Stripe. EDGE does not obtain this information from Stripe.
  • System identification information, such as userid, password, security questions, and IP address.
  • Device information such as cell number, make and model of device, telecommunications carrier, device ID and preferences setting on the device.
  • Information about your professional background, such as certification or other credentials and the current status of such, training, employment history, education, professional disciplinary actions or criminal record, if any.
  • We may ask you to provide demographic information, used for research purposes. This may include gender, birthdate or age, ethnicity, income bracket, years of education and other demographic information.
  • If you are already associated with the Company (such as by holding a certification or specialization from NASM or its affiliates, AFAA, PTAG and Premier), the Company may import that information into EDGE or export information from EDGE into other files we have about you.
  • We may use EDGE to communicate with you about information concerning EDGE or other Company Products or Services, particularly information concerning your certifications, if any.
  • When you share your content with a Fitness Client or invite a Fitness Client to join EDGE, the Company may collect the information you provide about those people such as name, mailing address, email address, and phone number. The Company also will collect the fitness and health information shared between you and the Fitness Client. The Company will use such information to fulfill your, or the Fitness Client’s, requests, provide the relevant product or service, or for anti-fraud purposes.
  • Information obtained through the course of a fitness assessment will be stored by the Company. Similarly, instructions, advice or courses of actions you suggest to a Fitness Client using EDGE will be stored by the Company, as well as data concerning your Fitness Client’s performance in response to such instructions, advice or courses of action.
  • You may be asked to provide a profile photo and bio, to be shared with Fitness Clients and potential Fitness Clients. We also may ask for information about your social media accounts and twitter feeds.
  • If you use EDGE to set appointments, maintain a calendar, create notes, communicate with others, or for any other data-recording purpose, the Company may store such information as data linked to your name and/or, as appropriate, a Fitness Client’s name.
  • Your feedback about EDGE or other Company Products or Services.

 

Other personal information we may collect from Fitness Clients:

  • When you share your information with a Fitness Professional through EDGE, the Company will collect and store the information you provide to the Fitness Professional. This includes your contact information, any fitness or health information about yourself that you share with your Fitness Professional, and any other data provided by you using this App or by you to your Fitness Professional that is then recorded in EDGE by such Fitness Professional. The Company will use such information to fulfill your, or the Fitness Professional’s, requests, provide the relevant product or service, or for anti-fraud purposes.
  • Information obtained through the course of a fitness assessment will be stored by the Company. Similarly, the instructions, advice or courses of actions suggested for you by your Fitness Professional using EDGE will be stored by the Company, as well as data concerning your performance in response to such instructions, advice or courses of actions.
  • If you use EDGE to set appointments, maintain a calendar, create notes, communicate with others, or for any other data-recording purpose, the Company may store such information as data linked to your name and/or, as appropriate, your Fitness Professional’s name.
  • If you use EDGE to make payments to a Fitness Professional, we will receive the acceptance of the payment for the third-party processor, Stripe. All other information about the transaction is maintained by Stripe and are subject to Stripe’s Privacy Policy and Terms and Conditions. Please review the Stripe policies for information about how your data is used and stored.
  • System identification information, such as userid, password, security questions, and IP address.
  • Device information such as cell number, make and model of device, telecommunications carrier, device ID and preferences setting on the device.
  • We may ask you to provide demographic information, used for research purposes. This may include gender, birthdate or age, ethnicity, income bracket, years of education and other demographic information.

 

Cookies and Other Technologies
We may use cookies and similar technologies to operate and improve our Products and Services, as well as to simplify our interaction with you. A "cookie" is a unique numeric code that we transfer to your computer so that we can keep track of your interests and/or preferences and recognize you as a return visitor to the websites. We may use cookies, log files, pixel tags, web bugs, web beacons, clear GIFs, Local Storage Objects (LSOs) such as HTML5 and Flash or other similar technologies to collect information about the ways you interact with and use our Products and Services, to support and enhance features and functionality, to monitor performance, to personalize content and experiences, for marketing and analytics, and for other lawful purposes. We may also engage third party service providers to provide advertisements and promotions on our behalf, or authorize third parties, to advertise and market products and services via our Products and Services.

 

We may use the following types of cookies and similar technologies:

  • Strictly necessary cookies required for the operation of our Products and Services. They include, for example, cookies that enable you to log into secure areas.
  • Analytical/performance cookies that collect information about how you use our Products and Services. They allow us to recognize and count the number of visitors and to see how visitors move around our website. This helps us to improve the way our website works. These cookies are sometimes placed by third party providers of web traffic analysis services.
  • Functionality cookies that remember choices you make and recognize you when you return. This enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies that collect information about your browsing habits such as the pages you have visited and the links you have followed. We use this information to make our website more relevant to your interests, and, if we enable advertising, to make advertising more relevant to you, as well as to limit the number of times you see an ad. These cookies are usually placed by third-party advertising networks. They remember the other websites that you visit, and this information is shared with third-party organizations, for example advertisers.

 

Most internet browsers accept cookies by default. You can block cookies by activating the setting on your browser that allows you to reject all or some cookies. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you to when a cookie is placed on your computer, tablet or mobile device. Although you are not required to accept cookies, if you block or reject them, you may not have access to all of the features available through our Products and Services, such as tests, trainings or other activities.

 

For more information, visit the help page for your web browser or see http://www.allaboutcookies.org/ or visit http://www.youronlinechoices.com/ which has further information about behavioral advertising and online privacy.

 

We may use third party analytics such as Google Analytics or similar analytics services. For information on how Google processes and collects your information regarding Google Analytics and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout.

 

We may use third-party advertisers to serve or track advertisements on or relating to the Products and Services. These third parties may use cookies and other tracking and analytical technologies to, among other things, record which ads your browser has loaded, and which pages you were viewing when ads were delivered or accessed. Information so collected is subject to the privacy policies of those third parties which you should carefully review. We have limited or no control over third party use of cookies.

 

Cross-device Tracking

When you use your mobile device to interact with us, this App or our other Products or Services, we may receive information about your mobile device, including a unique identifier for your device. We and our service providers and third parties we collaborate with, including ad networks, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.

 

USE OF INFORMATION
The sections below describe how information collected from and about you may be used by the Company.

 

How we may use your personal information

  • To fulfill your requests for Products or Services and communicate with you about those requests.
  • To set up your account and verify your identity when you register for EDGE or our other Products and Services.
  • To process your payments, if you are a Fitness Professional. We do not retain your credit/debit card data after a payment has been processed but, if you have authorized recurring payment, our third-party payment processor may retain you credit/debit card data. If you are a Fitness Client and you make payments to a Fitness Professional through EDGE, such payments are through a third-party processor and we do not obtain or retain account information.
  • To monitor, record, analyze and report on your activity, interactions and engagement with EDGE and our other Services.
  • To track and analyze and report on attendance, progress, success, and results in connection with EDGE.
  • To verify compliance with license terms.
  • To keep you posted on the Company’s latest product announcements, software updates, and upcoming events. If you don’t want to be on our mailing list, you can opt out anytime by contacting NASM customer service.
  • To perform research and analysis for our Services and to further develop and create, operate, deliver, and improve our products, services, content and advertising.
  • For loss prevention and anti-fraud purposes and internal auditing purposes.
  • To analyze technical data such as cookies, content viewed, IP address, device use, volume and load.
  • To protect the security and integrity of EDGE and our Services, content, and our business.
  • To respond to reviews, comments, or other feedback you provide us.
  • To allow communication between Fitness Professionals and their Fitness Clients.
  • To send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with the Company, you may not opt out of receiving these communications.
  • If you are a Fitness Client and you elect to transfer your information from one Fitness Professional to another who has subscribed to EDGE, to allow the transfer of such information.
  • To support and personalize our Services, websites, mobile services and, if you have opted-in to receive marketing materials, our advertising
  • To comply with applicable legal or regulatory requirements and our policies, protect against criminal activity, claims and other liabilities, as more fully described below.
  • For any other lawful purpose for which the information is provided.

We also may use, process, transfer, and store any data about you in an anonymous, aggregated manner. We may combine personal information with other information, collected online and offline, including information from third party sources.


We may also use information in other ways with your consent or as permitted by applicable law.


 

Collection and Use of Non-Personal Information

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

  • We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where EDGE is used so that we can better understand customer behavior and improve our products, services, and advertising.
  • We may collect information regarding customer activities on our websites, social media platforms, apps, online products, blogs and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our products and services are of most interest. Aggregated data is considered non personal information for the purposes of this Privacy Policy.

 

Disclosure to Third Parties
We may share information with our parent companies and any affiliates. The Company may make certain personal information available to strategic partners that work with the Company to provide EDGE and its other products and services, or that help the Company market to customers. Personal information will only be shared by the Company to provide or improve our Products and Services; except in aggregate and de-identified form, it will not be shared with third parties for their marketing purposes. If you are a Fitness Professional and your use of our services is in connection with an employer, institution or other organization, we may share your data with such school, employer, institution or other organization. If you are a Fitness Client, we will share your data with the Fitness Professional with whom you are associated.

Additionally, we may share data as described below:

  • Service Providers. The Company may share personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever the Company operates.
  • Mergers, Acquisitions, Divestitures. We may share, disclose or transfer information about you to an acquirer, investor, new affiliate, or other successor in the event NASM, its parent company or affiliates, or any portion, group or business unit thereof, undergoes a business transition, such as a merger, acquisition, consolidation, reorganization, change of control, divestiture, liquidation or dissolution (including bankruptcy), or a sale or other transfer of all or a portion of any assets or during steps in contemplation of such activities (e.g., negotiations and due diligence).
  • Law Enforcement and National Security. We may share information to comply with any law or directive, judicial or administrative order, legal process or investigation, warrant, subpoena, government request, regulatory request, law enforcement or national security investigation, or as otherwise required or authorized by law.

We may also share information to fulfill any other purpose for which you have provided information to us; for any other purpose disclosed by us or the third party with whom you are interacting when you provide the information; to enforce our rights arising from any contracts; for billing and collection; or as otherwise permitted under applicable law.

 

Use of Links

Our services may contain links or other connections to other third-party websites, platforms, products, services or applications that are independent of our services. The information collection practices and privacy policies of these third parties may differ from ours. Any interactions you have with such third parties are beyond our control and we are not responsible for their content or information practices. We recommend that you carefully read their policies.

 

Telephone Consumer Protection Act Notice

We may use your information to make business, informational and collections calls relating to our Services to all telephone numbers, including cellular numbers or mobile devices, you choose to provide on your account or in registering for any of our Services. You agree such calls may be pre-recorded messages or placed with an automatic telephone dialing system. In addition, you agree that we may send service or account related text messages to cellular phone numbers you provide to us, and you agree to accept and pay all carrier message and data rates that apply to such text messages. If you choose to provide an email or other electronic address on your account, you acknowledge and consent to receive business and informational messages relating to our Services at such address, including collections messages, and you represent and warrant that such address is your private address and is not accessible or viewable by any other person.

 

HOW WE PROTECT PERSONAL INFORMATION

Security of your personal information is of the utmost importance to us. We use administrative, technical and physical safeguards to protect the security of your personal information from unauthorized disclosure. We take reasonable security measures to secure your personal information against unauthorized access, loss, use, disclosure, or alteration by third parties. Despite our efforts, we cannot guarantee the security of your personal information during its transmission or its storage in our systems. No method of transmitting or storing electronic information is ever completely secure. The Company makes no warranty, express, implied, or otherwise, that your information will never be accessed, used or released in a manner that is inconsistent with this Privacy Policy. We are not responsible for any damages or liabilities relating to any security incidents, and we disclaim all representations and warranties regarding such matters to the fullest extent permitted by law. Where required under law, we will notify you of any loss, misuse or alteration of personal information that may affect you so that you can take the appropriate actions for the due protection of your rights. We review our security procedures periodically to consider appropriate new technology and updated methods.


If information is transmitted to us using a means that is outside our systems, or if you transmit information to a third party, we cannot guarantee the security of information during transmission. Any such unsecured transmission is at your own risk. We recommend that you use appropriate security measures to protect your information.



When you use some of the Company’s Products, Services, or apps, including this App, or post on a Company-sponsored blog, chat room, or social networking service, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.


 

Retention of Personal Information

To the extent permitted by applicable law, we may retain your information for as long as your account is active, for at least twenty-four (24) months thereafter, or as long as is reasonably necessary to provide you with our Services or as needed for other lawful purposes. We may retain cached or archived copies of your information. We may be required to retain some of your data for a longer period of time because of various laws and regulations or because of contractual obligations. We also will retain your information as long as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

 

Correction and Control of your Personal Information

Accuracy is a top priority for us. You can ensure that any contact data is up-to-date and can correct, update or delete inaccuracies to that information by either logging into your account or by contacting customer service at NASM or Premier. In certain situations, you may need assistance from customer service in making a change. For example, if you received a certification and then realized that your name was misspelled, we may need to take certain steps to ensure that your name change is linked to your certification records and, in some states or countries, that the oversight agency receives the correction. We will respond to your request to make changes to your records as soon as reasonably possible.


We will attempt to answer all requests that we correct your data if it is inaccurate or, where required by law, to delete it. Please note that we are not able to delete your data if we are required to retain it by law, contract or for other legitimate business purposes. In addition, to protect your privacy, we may require you to prove your identity before granting access to, or agreeing to update, correct or delete your personal information.



Not all information about you can be changed. For example, we may have records about how much time you spent working in a training module. Although this information is linked to you, it may not be changed and, in certain instances, it may be subject to government or regulatory oversight. Similarly, grades, attendance and certification status may not be changed by you, although you should contact us if you believe such data is not accurate.


 

Children & Education

We recognize the importance of protecting the privacy and safety of children. Our Services are not intended for children under 13 years of age (or, for European residents, for children under 16 years of age). We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Services and do not send any information about yourself to us. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us as set forth below.

 

California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit Privacy Notice for California Residents. The Notice supplements and is incorporated in this Policy.


The California Consumer Privacy Act (“CCPA”) provides consumers with certain rights, including the right to access your “personal information” (a term defined by the law) we may have about you and to know how we use and disclose this data, the right to have your data deleted under certain conditions and the right not to be discriminated against for having exercised your other rights. One of the main objectives of CCPA is to give consumers control over the sale of their data. NASM does not sell, rent, lease or otherwise provide personal information to others for monetary or other valuable consideration. Your rights and other CCPA concepts are more fully described in our Privacy Notice for California Residents.



California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To obtain this information, please email NASM by email at [email protected] with “Request for California Privacy Information” in the subject line of your message. Please include sufficient information so that we can process your request, including name, mailing address, and email address if you want to receive a response by email. We reserve the right to confirm your identity before processing any requests.



If you are a California resident under age 18 and are a registered user of any of our Services, then you may request that we remove any content or information that you posted on our Websites, online services, online applications, or mobile applications ("User Content"). To request removal of your User Content, please send a detailed description of the specific User Content you want us to remove to the email or regular mail address set forth above. We reserve the right to request that you provide information that will enable us to confirm that the User Content that you want removed was posted by you.



We will make a good faith effort to delete or remove your User Content from public view as soon as reasonably practicable. Please note, however, that your request that we delete your User Content does not ensure complete or comprehensive removal of your User Content. Your User Content may remain on backup media, cached or otherwise retained by us for administrative or legal purposes or your User Content may remain publicly available if you or someone else has forwarded or re-posted your User Content on another website, online service, online application or mobile application prior to its deletion. We may also be required by law or other legal obligation to not remove (or allow removal) of your User Content.


 

Third Party Sites and Services

The Company’s Products, Services and apps, including EDGE, may use or offer products or services of third parties or may contain links to third-party websites, products, and services. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

 

Our Companywide Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to Company employees and strictly enforce privacy safeguards within the Company.

 

EU and UK Residents Privacy Shield Notice

 

We acknowledge the July 2020 ruling by the European Court of Justice, striking down the EU-U.S. and Swiss-U.S. Privacy Shield as a mechanism for transferring the personal data of users of our Services who are residents of the European Union (“EU”), European Economic Area (“EEA”) and Switzerland. The U.S. Department of Commerce continues to administer the Privacy Shield Program and as such, Ascend will continue to adhere to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement (hereinafter, “Privacy Shield Principles”) for personal data of users of our Services in European countries. We may also process personal data submitted relating to individuals in Europe via other compliance mechanisms, including your consent to the transfer and processing of your data in the United States.

 

Processing of Personal Data, Purposes and Legal Basis

In this EU and UK privacy policy:

  • “Personal Data” means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of such natural person.
  • “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • “Sensitive Data” means data indicating racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sex life, or sexual orientation, or for any genetic data or biometric data.

Please note that, in certain circumstances, you may be required to provide the requested Personal Data by contract or law, and your failure to provide such Personal Data may mean we are unable to provide you with our Services.


Our legal bases for the Processing of Personal Data are: 1) consent and/or 2) any other applicable legal bases, such as our legitimate interest in engaging in commerce, offering products and services of value to users of our Services, preventing fraud, ensuring information and network security, direct marketing, processing Personal Data within Ascend Companies for internal administrative purposes, and complying with industry practices.


To the extent permitted by applicable law, your entry of any Sensitive Data on our Services is your consent to the Processing of such data as set forth in this European Privacy Policy or as otherwise specified in the context of your submission of such sensitive information.

 

Your Additional Rights as a European or UK Resident

As a resident of the European Union or a country that follows similar regulations for the protection of Personal Data, you may have the following additional rights:

  • Consent: We may be required to obtain your consent for certain Processing of your Personal Data, such as Processing of Sensitive Data.
  • Access: You may request a copy of the Personal Data we have collected from and about you by contacting us. Please be advised that our personnel may have a limited ability to identify and access an individual user’s Personal Data if such information was submitted to us by their school, employer or another organization with whom they are affiliated. Thus, if you wish to request access, to limit use, or to limit disclosure of your Personal Data, we may first refer your request to the school, employer or other organization that submitted your Personal Data to us, and we will support them as appropriate in responding to your request.
  • Rectification & Erasure: You may request that we rectify or delete any of your Personal Data that is incomplete, incorrect, unnecessary or outdated.
  • Objection: You may object, at any time, to your Personal Data being Processed for direct marketing purposes.
  • Restriction of Processing: You may request restriction of Processing of your Personal Data for certain reasons, such as, for example, if you consider your Personal Data collected by us to be inaccurate or you have objected to the Processing and the existence of legitimate grounds for Processing is still under consideration.
  • Data Portability:You may request and receive the Personal Data we have collected on you in a commonly used and machine-readable form.
  • Right to Withdraw Consent: Where your Personal Data is Processed solely based on your consent and not for any other legitimate interest, you have the right to withdraw your consent at any time, without affecting the lawfulness of our Processing based on such consent before it was withdrawn, including Processing related to existing contracts for our products and services.

Swiss users whose Personal Data is within the scope of the Privacy Shield certification may also have rights to access certain Personal Data we hold about them and to obtain its correction, amendment or deletion.


To exercise any of the rights listed above, please contact us as set forth below. We will process any requests in accordance with applicable law and within a reasonable period of time. We may require that you establish your identity and provide a clear and precise description of your request. Please note that in some cases, especially if you wish us to delete or cease the Processing of your Personal Data, we may no longer be able to continue to provide our Services to you.


 

Third Parties with Whom We May Share Data

We may use third-party providers to assist us in providing the Services to our users. Such third-party providers may perform technical operations such as database monitoring, data storage and hosting services and customer support software tools. Such third parties may access, process or store Personal Data in the course of providing these services.


To the extent permitted under applicable law, we may share information about your enrollment and participation in our Services, including your Personal Data, with your employer, governmental agencies, oversight organizations, professional organizations, certification or accreditation organizations, educational institutions, and industry self-regulatory organizations.


We may also share information, including your Personal Data, with third parties for marketing, advertising, promotions, contests, or other similar purposes, with your consent or to the extent permitted under applicable law.


If we receive Personal Data that is subject to our certification under the Privacy Shield and then transfer it to a third-party, we may have certain liability under the Privacy Shield if (i) the third-party Processes the Personal Data in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage, or to the extent we are otherwise liable under applicable law or the Privacy Shield Principles.

 

International Data Transfers

Our Services are provided using resources and servers located in various countries around the world, including the United States and other countries. Therefore, your Personal Data may be transferred and Processed outside the country where you use our Services, including to countries outside the EU, EEA, Switzerland or UK, where the level of data protection may not be deemed adequate by the European Commission or the UK.


To the extent permitted by applicable law, your use of our Services is your consent to the transfer of your information outside of your country or geographic region, including transfer to the United States, and to processing of your information in the United States by us or by a third party acting on our behalf.


If you wish to know more about international transfers of your Personal Data, please contact us.

 

Questions or Complaints – Europe

If you are a resident of a European country participating in the Privacy Shield, you may direct any questions or complaints concerning our Privacy Shield compliance to our Privacy Shield and Data Protection Contact. We will work with you to resolve your issue.


If you consider our Processing of your Personal Data to be inconsistent with the applicable data protection laws, you may lodge a complaint with your local supervisory Data Protection Authority responsible for data protection matters.


 

Dispute Resolution and Arbitration

If you are a resident of a European country participating in the Privacy Shield and you have not received timely response to your concern, or we have not addressed your concern to your satisfaction, you may seek further assistance, at no cost to you, from JAMS, which is an independent dispute resolution body in the United States. For information about JAMS, please see https://www.jamsadr.com/eu-us-privacy-shield.


We also will cooperate with competent EU data protection authorities (DPAs) with regard to human resources data transferred from a European country participating in the Privacy Shield in the context of the employment relationship.


You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from JAMS;and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney’s fees.


 

US Federal Trade Commission Enforcement

Our Privacy Shield compliance is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). For information about Privacy Shield, please see https://www.privacyshield.gov/welcome.

 

Privacy Shield and Data Protection Contact

Your Privacy Shield and Data Protection Contact for the personal information you provide in connection with our Services is:


Ascend Learning

ATTN: Chief Compliance Officer/Data Privacy Officer

Ascend Learning, LLC

5 Wall Street, Burlington, MA 01803, USA


Or


[email protected] or [email protected]


Please provide your identification information, a detailed description of the nature of your request, the name of or Services you use, and your country of residence.


All such communications are examined, and replies issued where appropriate as soon as possible. If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances.

 

Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

Revisions to this Privacy Policy

We may update this Privacy Policy at any time in our sole discretion by posting a revised version on this page or on our Services, or with any notice to you if required under applicable law. You can see when the Privacy Policy has changed from the date of the latest revision below. Your continued use of our Services after any such modification constitutes acceptance to any such modified Privacy Policy. Please review this Privacy Policy frequently for updates.

 

Feedback

You may contact us with any questions, concerns or inquiries about this Privacy Policy or data about you that we maintain. Please contact NASM by email at [email protected] or [email protected]. All complaints will be evaluated, and a reply will be sent as soon as appropriate. In some instances, we may cease providing Services to you if, in our sole discretion, we deem it necessary to satisfy your request or if required under applicable law.

 

Please provide your identification information, a detailed description of the nature of your request, the name of or Services you use, and your country of residence.

 

EDGE Privacy Policy (Rev April 2021)