D2L† Privacy Statement

General

We at the D2L family of companies (“we” or “us”) are committed to protecting the privacy of our users.

This Privacy Statement applies to personal information collected (1) at D2L Web sites and other sites that we own or control that link to this policy (“D2L Web sites”), (2) for or by D2L enterprise offerings that are hosted by D2L or its service providers, and (3) for or by D2L consumer offerings. There are two main classes of users of D2L offerings: enterprise users and consumer users. Enterprise users access offerings by virtue of an agreement that we have with the user’s employer, institution (educational or otherwise) or other organization (“Organization”). Consumer users access D2L offerings by virtue of an agreement directly with us.

If you are an enterprise user, this statement does not affect the terms of any agreement between you and your Organization. You should read and understand the terms of any privacy statements or policies that you enter into with parties other than us, including your Organization, as those policies may also explain how your personal information is used by those parties.

Please review this Privacy Statement to understand how the information you provide to us will be treated.

Consent to D2L Processing Information about You

By providing any information to us or sharing information with others (including sensitive information) you are expressly and voluntarily accepting the terms and conditions of this Privacy Statement and any applicable user agreement (including an end user license agreement or service agreement) that allows us to process information about you.

 

Collection of Personal Information

Personal information is information that can be used to personally identify you or is associated with any such information, such as your name, email address, mailing address, and so forth. This Privacy Statement does not apply to information we collect in the aggregate. Aggregated information does not identify you as an individual.

We may collect personal information from you in the following ways:

Registration

In order to access some D2L offerings, you will be asked to create an account (such as an D2L EduDentity™ account) which will require you to provide us with information that may include your name and email address and other personally identifiable information.

Information You Choose to Provide

Certain D2L offerings enable you to provide information about yourself or others. Providing additional information beyond what is required at registration is up to you, but providing additional information may enable you to derive more benefit from D2L offerings.

Customer Service and Support

We may collect information about you if your Organization has contracted with us for end-user support and you use that support, or if you are an approved support contact (“ASC”) under our agreement with your Organization and you contact our help desk. This information may include your name, email address or other personally identifiable information.

We may collect information about you if you contact us for email or other support for a D2L consumer offering.

Web Sites, eCommerce and Other Marketing Initiatives

At some D2L Web sites, we ask you to provide information, such as your email address, name, employer name, home or work address, or telephone number. We may also collect demographic information, such as your postal or zip code, gender, age, preferences, interests and favorites.

We may collect personal information from you such as your name, email address, telephone number and Organization information when you sign up for webinars, product trials, newsletters, our annual FUSION users’ conference, contests or other marketing initiatives through the D2L Web sites.

If you choose to make a purchase (including through the D2L Online Store) or sign up for a conference or seminar, a paid subscription service or a consumer offering, we may ask for additional information, such as your credit card information, billing address, shipping address.

When you join the Brightspace Community and the D2L Partner Community , we collect information such as your name, Organization and email address. You can also populate your community profiles with information beyond that provided during registration such as photos or other personally identifiable information.

When you post information to one of our communities, you share your profile information, including your name and other information that you choose to share, with other community members.

When you post a comment on our Learning Insights blog you may share information within your comment, along with the name you provide with the general public.

Cookies and Web Beacons

Like most Web sites, we use technologies, such as cookies and web beacons, to collect information about the pages you view, the links you click and other actions you take in using D2L offerings and D2L Web sites.

Information Collected by Third Parties

If you are an enterprise user, your Organization may collect information on its own through the use of D2L offerings. Collection and use of information in this way is governed by the privacy policies of your Organization and is beyond our control.

 

Use of Personal Information

What We Do with Your Information

When you provide information, that information may reside on our or our service providers’ systems.

In addition to providing you the services or products that you have requested, we collect and use your information to operate and improve D2L offerings and D2L Web sites. These uses include providing you with more effective customer service; making offerings easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving D2L offerings and technologies and D2L Web sites; and displaying content and advertising that are customized to your interests and preferences.

Some D2L offerings are accompanied by interactive features such as chat rooms, forums, messaging and other ways to share. If you are an enterprise user, permissions as to what features are enabled and who has access to those features is determined by your Organization. We have no control over those decisions. If you are a consumer user, it is your choice whether to use the available functionality.

Information collected through D2L offerings and D2L Web sites may be stored and processed by us, our affiliates or our service providers in Canada, the United States or Australia; the laws of the jurisdiction in which the information is stored and processed will apply to its storage and processing.

If you submit information through a D2L Web site, personal information you submit may be used to provide the services or products that you requested, and may also be used for related activities. Related activities may include sharing your information to sales or marketing personnel who may contact you with further information that may be of interest to you.

When you receive newsletters or promotional emails from us, we may use web beacons, customized links or similar technologies to determine whether the email has been opened and which links you click in order to provide you more focused e-mail communications or other information.

If you are an enterprise user:

Information collected through the use of our support service is intended to help resolve issues as quickly as possible, and to ensure that you can be notified of the progress of any issues that you describe.

Your Organization may use information that it has collected through the use of D2L offerings in a manner that is different from what is set out in this Privacy Statement. Any use of your information by your Organization is subject to the privacy policies of your Organization and is beyond our control.

If you are a consumer user:

We may use your information to communicate with you. We may send certain service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements. Some D2L offerings may send periodic member letters that are considered part of the service. We may also send you promotional information to inform you of other D2L offerings and promotions.

Communications We Send

We may communicate with you through email or other means available through a D2L offering. We may send emails that help inform you about features of D2L offerings and we may also send you service messages related to the function of D2L offerings. We may send you messages with promotional information directly or on behalf of our partners.

If you sign up for webinars, product trials, newsletters, our annual FUSION users’ conference, contests or other marketing initiatives through the D2L Web sites, employees of D2L may contact you with information about D2L offerings and promotions that may be of interest to you.

Sharing Your Information with Third Parties

We may share your information with third parties who are not our partners or service providers only in the following situations:

  • We have your consent through an opt-in option provided to you; or
  • We have a good faith belief that access, use, preservation or disclosure of your personal information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable terms and conditions of this Privacy Statement or any applicable user agreement, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of us, our users or the public as required or permitted by law.

Except as part of the sale of all or substantially all of our assets, we will not sell, trade, or rent your personal information to third parties who are not our partners or service providers unless we have your consent.

Information You Share With Other Users

D2L offerings may enable you to share information with or send communications to other users or the general public. You (or, if you are an enterprise user, your Organization) may select the other users with whom you share or to whom you send this information. Once you share information with or send information to other users, however, those other users may share your information at their discretion.

If you join a D2L community, other members of that D2L community can view your profile information once you provide it.

 

Your Options for Your Personal Information

Accessing and Correcting Your Personal Information

We offer users the ability to access or correct information we collect during registration or which they have provided in using D2L offerings. Users may correct this information at any time and as often as necessary by using the features provided within the applicable D2L offering. To access or correct personal information collected by us that is not available through a D2L offering, please contact us at the address listed below. We will respond within a reasonable timeframe of receiving your request or as otherwise required by law.

We may charge a fee for providing access to or correcting your information. If a fee may apply, we will inform you of the cost and request further direction from you on whether or not we should proceed with the request.

We may decline to provide you with access to, or to change, your personal information if (a) your request is not provided in writing, (b) your request does not provide us with sufficient detail to identify the personal information you seek to access or change, (c) we are unable to verify your identity to our satisfaction or (d) we deem, in our sole discretion, that it would be unreasonable in the circumstances to provide you with access to or to correct your personal information.

If you are an enterprise user, you should contact your Organization for questions about access to the personal information collected by your Organization.

User Opt-Out Option and Retention of Your Information

You may opt out of receiving promotional information from us by following the unsubscribe procedures indicated in promotional information you receive. If you are an enterprise user, retention of your personal information is governed by the privacy policies and is the responsibility of your Organization. If your Organization retains the information, it is subject to our contractual arrangement with your Organization and may be subject to our archival policies. If you are a consumer user, we will retain your information for so long as you maintain an active account or user profile, or as needed to provide you with the applicable D2L offering. If you are a consumer user and you wish to close an account you have with us, you may do so by by contacting us at AskUs@D2L.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce this Privacy Statement and any applicable user agreements. We will take steps to ensure that your personal information is destroyed, erased or made anonymous as soon as the purpose for which it was collected is no longer relevant, or as required by law.

Please be aware that, as long as you have access to D2L offerings, you cannot opt out of receiving service messages from us. Also, if we send communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with your receipt of messages on your mobile device (including text messaging charges).

You may opt out of receiving promotional information from us by following the unsubscribe procedures indicated in promotional information you receive.

If you are an enterprise user, retention of your personal information is governed by the privacy policies and is the responsibility of your Organization. If your Organization retains the information, it is subject to our contractual arrangement with your Organization and may be subject to our archival policies.

If you are a consumer user, we will retain your information for so long as you maintain an active account or user profile, or as needed to provide you with the applicable D2L offering.

If you are a consumer user and you wish to close an account you have with us, you may do so by by contacting us at AskUs@D2L.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce this Privacy Statement and any applicable user agreements. We will take steps to ensure that your personal information is destroyed, erased or made anonymous as soon as the purpose for which it was collected is no longer relevant, or as required by law.

Please be aware that, as long as you have access to D2L offerings, you cannot opt out of receiving service messages from us. Also, if we send communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with your receipt of messages on your mobile device (including text messaging charges).

 

Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to D2L employees, contractors and agents who have a need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, as well as civil action and criminal prosecution, if they fail to meet these obligations.

We do not guarantee that we will eliminate all risk of misuse of your personal information. There is no such thing as perfect security, and we cannot guarantee or warrant the security of any data (including personal information) that we receive and store on our or our service providers’ systems.

You are responsible for keeping any passwords secret to prevent unauthorized access to and use of any offerings to which you have access.

If you are an enterprise user, your Organization is responsible for ensuring that the system is configured to properly restrict access to information in accordance with its privacy statement or policy, and that anyone with access to that information is covered by its privacy statement or policy.

 

Protection of Children’s Personal Information

If you are an enterprise user, your Organization may collect information on its own through the use of D2L offerings. Collection of information in this way is governed by the privacy policies of your Organization and is beyond our control.

We do not knowingly collect any personal information from individuals under the age of 13 through D2L consumer offering or D2L Web sites. The D2L Web sites are general audience Web sites.

 

European Union Data Protection

To the extent that we store data in the United States, we and our service providers comply with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries.

If you reside in the European Union, upon registration for any applicable D2L offering you consent that the personal information you have provided may be transferred and stored in countries outside the EU.

 

How to Contact Us

We commit to the resolution of complaints about your privacy and our collection or use of your personal information.

Our Privacy Officer is responsible for ensuring our compliance with this Privacy Statement and all relevant privacy laws.

If you have any comments, questions or concerns about this Privacy Statement, the data that we collect from you or how that data is being used, or to report suspected misuse of your information, please contact us at privacy@D2L.com or write to us at:

 

Desire2Learn Incorporated
Attn: Privacy Officer
151 Charles Street West, Suite 400
Kitchener, Ontario
N2G 1H6  Canada
cc: Legal Department

 

Last Modified: 10/10/2013

† The D2L family of companies Desire2Learn Incorporated, D2L Ltd., Desire2Learn UK Ltd., Desire2Learn Australia Pty Ltd., Desire2Learn Singapore Pte. Ltd. and D2L Brasil Soluções de Tecnologia para Educação Ltda.