D2L Privacy Statement
We at the D2L family of companies (“we” or “us”) are committed to protecting the privacy of our users. Please review this Privacy Statement carefully to understand how the information you provide to us will be treated.
This Privacy Statement applies to personal information collected (1) at D2L Web sites and other sites that we own or control (“D2L Web sites”), including www.Brightspace.com, (2) for or by Brightspace enterprise offerings that may be hosted by D2L or its third party service providers, or (3) for or by Brightspace consumer offerings. There are two main classes of users of Brightspace offerings: enterprise users and consumer users. Enterprise users access offerings by virtue of an agreement that we have with the user’s institution (educational or otherwise), employer or other organization (“Organization”). Consumer users are visitors to D2L Web sites, or persons who access Brightspace offerings by virtue of an agreement directly with us.
If you were given access by an Organization as an enterprise user or as a parent or guardian of an enterprise user, this Privacy Statement does not affect or control the Organization’s collection, use or disclosure of your information. You should contact your Organization to find out its practices regarding your personal information.
Consent to D2L Processing Information about You
“Personal information” is information that can be used to specifically 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.
By providing any Personal Information to us or sharing Personal 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 Personal Information about you. When you provide information, that information may reside on our or our service providers’ systems. You understand and agree that Personal Information collected through Brightspace offerings and D2L Web sites may be stored and processed by us, our affiliates or our service providers in Canada, the United States, Australia or other countries, including countries other than your country of residence; the laws of the jurisdiction in which the information is stored and processed will apply to its storage and processing.
Collection of Personal Information
We may collect personal information from you in the following ways:
Registration and Customer Support
In order to access some Brightspace offerings, you may be asked to create an account which will require you to provide us with information that may include your name and email address and other Personal Information. Certain Brightspace offerings enable you to provide additional information voluntarily. Providing information beyond what is required at registration is up to you, but providing such information may enable you to derive more benefit from Brightspace offerings.
We may collect Personal Information about you if your Organization has contracted with us for end-user support, or if you are an approved support contact under our agreement with your Organization. This information may include your name, email address or other Personal Information. 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.
We may collect Personal Information about you if you contact us by email or for support for a Brightspace consumer offering.
Web Sites, eCommerce and Other Marketing Initiatives
At some D2L Web sites, we ask you to provide Personal 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, the annual Brightspace FUSION global conference, contests or other marketing initiatives through D2L Web sites.
If you make a purchase through a D2L Web site or Brightspace offering or sign up for a conference or seminar, a paid subscription service or a consumer offering, we or our third party providers may ask for additional information, such as your credit card information, billing address or shipping address.
When you join, or 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 submit an application or inquiry through our Careers site, you voluntarily provide Personal Information to us.
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 company blog, you share information within your comment, along with the name you provide, with the general public.
Cookies and Web Beacons
Information Collected by Your Organization or Third Parties
If you are an enterprise user, your Organization may collect information on its own through the use of Brightspace offerings. Collection and use of information in this way is governed by the privacy policies of your Organization.
We use tools to help us analyze how Brightspace offerings and D2L Web sites are used, and to help us develop and optimize our Brightspace offerings and D2L Web sites. We also use Google Analytics to improve our offerings and our Web sites. See http://www.google.com/analytics/terms/us.html for more information about Google Analytics.
Use of Personal Information
How We Use Your Information
We use your information to operate and improve Brightspace offerings and D2L Web sites. These uses include providing you with more effective customer service, making Brightspace offerings easier to use by eliminating the need for you to repeatedly enter the same information, performing research and analysis aimed at improving Brightspace offerings and D2L Web sites, and displaying content and advertising that are customized to your interests and preferences.
Some Brightspace 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. If you are a consumer user, it is your choice whether to use the available functionalities.
If you submit information through a D2L Web site, Personal Information you submit may be used to provide the Brightspace offerings that you requested, and may also be used for related activities. Related activities may include sharing your information with 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:
Your Organization may use information that it has collected through the use of Brightspace 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.
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 Brightspace 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 Brightspace offerings and promotions.
Communications We Send
We may communicate with you through email or other means available through a Brightspace offering. We may send emails that help inform you about features of Brightspace offerings and we may also send you service messages related to the function of Brightspace 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 global conference, contests or other marketing initiatives through the D2L Web sites, employees of D2L may contact you with information about Brightspace offerings and promotions that may be of interest to you. We may offer Webinars, product trials, conferences and events, contests or other marketing initiatives with certain partners; in such cases, the information you submit upon sign-up is shared with the relevant partner(s).
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
Brightspace 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.
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 Brightspace offerings. Users may correct this information at any time and as often as necessary by using the features provided within the applicable Brightspace offering. To access or correct Personal Information collected by us that is not available through a Brightspace 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 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, (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, or (e) as otherwise provided by legislation.
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 Personal Information for so long as you maintain an active account or user profile, or as needed to provide you with the applicable Brightspace offering.
If you are a consumer user and you wish to close an account you have with us, you may do so 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 Brightspace 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).
We are ISO 27001 certified and 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 Information.
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, up to and 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, or unauthorized access to, 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 Brightspace 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 own 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 Brightspace offerings. Collection of information in this way is at your Organization’s discretion and is governed by the privacy policies of your Organization. Brightspace offerings contain configuration options that your Organization may use to align the Brightspace offerings with Organization policies.
We do not knowingly collect any Personal Information from individuals under the age of 13 through D2L consumer offerings 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 principles 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 Brightspace 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 questions or concerns 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:
Attn: Privacy Officer
151 Charles Street West, Suite 400
Kitchener, Ontario N2G 1H6 Canada
cc: Legal Department
Last Modified: 07/03/2015