http://upscend.com/, (hereinafter referred to as the “Upscend” “Website”, “We,” “Us,” or “Our”) owned and operated by ____________________, (hereinafter referred to as “the Company”) provides the following Privacy Policy to demonstrate our firm commitment to protecting the privacy of Users of our Website and its sub-domains (the “Website”), related mobile device application, and software, products, and Services (collectively with the Website, the “Upscend Platform”). By accessing, downloading, or using our Website and the Upscend Platform, you agree to this Privacy Policy. If you do not agree with this Privacy Policy, or if you are dissatisfied with the website and the Upscend Platform, in whole or part, for any reason, your sole and exclusive remedy is to discontinue use thereof, unless otherwise described below.

This Privacy Policy describes and is intended to advise you on our policies and the practice for the collection, use, protection, maintenance, and disclosure of personal data, online identifiers, or other information that you provide to us when using our website and/or Upscend Platform Services. This policy also includes a description of your data protection rights, including a right to object to some of the processing activities we carry out.

We are committed to protecting the privacy of our users and customers. This Privacy Policy is especially directed at:

1. visitors and subscribers of the Website and the Upscend Platform;
2. natural persons contacting us through the websites;
3. users signing in to use our services;
4. users signing in to view and purchase our sessions.

This policy applies to the information we collect:

1. On this Website;
2. In email, text, and other electronic messages between you and this Website;
3. Through mobile applications, you download from this Website, which provides a dedicated non-browser-based interaction between you and this Website;

It does not apply to information collected by:

1. Us offline or through any other means, including on any other website operated by the Company or any third party (including our affiliates and subsidiaries);
2. Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

CONSENT

By using our Website and Upscend Platform, and providing Personal Information to us, you consent to its use and disclosure for the purposes and in the manner described in this Privacy Policy. However, we will not use or disclose your Personal Information in ways other than as described in this Privacy Policy without your prior express consent to do so. IT IS ADVISED TO PLEASE READ THIS PRIVACY POLICY CAREFULLY.

DEFINITIONS

• Affiliate – a registered user who makes money by promoting our series.

• Consent – any freely given, specific, informed, and unambiguous indication of the user’s wishes by which he or she, by a statement or by clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

• Cookies - small files that a website or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enable the sites or service provider systems to recognize your browser and capture and remember certain information.

• Data Processing – means any operation with your 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.

• Honor Code – a set of rules or ethical principles governing an academic community based on ideals that define what constitutes honorable behaviour within that community.

• PCI Scanning Service or PCI Vulnerability Assessment – an automated, high-level test that checks for and identifies potential vulnerabilities in a company's information technology architecture to see if they break PCI compliance.

• Personal Data – Personal Data means data about a living individual who can be identified from that data (or from that and other information either in our possession or likely to come into our possession).

• User – a registered user seeking online learning and tutoring services by using the Upscend Platform or other tools made available by Upscend.

• Tutor – a registered user providing online teaching and tutoring services via the Upscend Platform or other tools made available by Upscend.

• User – is the person, including but not limited to a user, tutor, or Affiliate who is using our Service and is the subject of Personal Data.

• You or Your - may refer as applicable to the user, the Tutor, an Affiliate, or a visitor accessing or using any of our Services.

DATA WE COLLECT

Upscend may collect Personal Information from you, which is any direct or indirect information that can be used to uniquely identify you. Examples of Personal Information include your name, address, email address, phone number, occupation, IP address, etc.

Upscend collects from you only the following information and only for the stated purposes:

SCOPE

Account for users

Upscend collects and processes personal data submitted by you upon registration and further editing of settings in your Account. For registration purposes, you submit your login credentials (public username and password), full name, email address, your country. In setting up your user account, you may be prompted to enter additional information (e.g. level of education, year of birth), Payment, and Financial Information.

Account for Tutors

Upscend collects and processes personal data submitted by you upon registration and further editing of your profile. For registration purposes, you submit your login credentials (username and password), full name, email address, and your country. In setting up your user account, you may be prompted to enter additional information like Government ID (passport, driver’s license, etc.), claimed educational credentials (educational background documents, such as diplomas, certificates, etc.), work experience, and Financial Information.

PERSONAL, SENSITIVE, AND NON-PERSONAL INFORMATION WE COLLECT AND ITS PURPOSE

1.1. Contact Information – This information is collected to

(i) provide you Services – to process transactions and fulfill your orders; provide you with content or other services and allow you to participate in features we offer; create and manage your account; send service and account-related communications; respond to your inquiries; provide customer support; (ii) Advertising Activities and Marketing Messages – to send you special deals, offers, promotions, invitations, and similar information from us, our advertisers, or other third parties; (iii) Personalization – to identify your preferences on the Services and other websites and services; monitor and control ad delivery, performance, and frequency; (iv) Administrative – to verify your identity; contact you regarding your use of the Services, content features, or products you use and request, and, in our discretion, changes to our policies; (v) Internal Business Purposes – to operate and improve our products, services, and marketing endeavors; detect and troubleshoot problems; conduct sales auditing; market research; understand how you use our services, including analyzing trends and usage patterns; analyze the effectiveness of our marketing efforts; (vi) Security - to investigate, prevent, detect, and protect against misuse of our systems, fraud or other crime, or activities that violate our policies; (vii) Hiring Purpose – to process your application to work with/for Upscend; (viii) Legal – to comply with the law; resolve disputes; enforce our agreements and policies, including where applicable the Honor Code; comply with our contractual obligations; cooperate in governmental or other legal inquiries; fulfill regulatory reporting obligations; protect our or others’ rights or assets; (ix) Business Transitions - in connection with a merger, acquisition, consolidation, bankruptcy, or other corporate transition, including during due diligence; (x) Other Purposes – as disclosed at the time of collection/with your consent.

1.2. Categories of Third Parties – The data may be disclosed to

(i) Other Users including guru and users, depending on the Services you interact with; (ii) Advertising and Analytics Partners such as analytics companies, third-party advertisers, marketing agencies, including those who assist us with product research and development; (iii) Business Partners such as those whose products and services are bundled with Upscend; (iv) Affiliated Companies; (v) Order Fulfillment Vendors including payment processors; (vi) Technology Systems Service Providers including web hosts, database hosts, software-as-a-service or other cloud computing providers, and technology maintenance and repair vendors; (vii) Communications Service Providers including email delivery vendors and text messaging service providers; (viii) Third Parties in connection with court or other legal proceedings; (ix) Third Parties to whom you agree or direct us to share your information; (x) Other service providers who use your data solely to provide services to us or you.

2.1. Government Identification – this data is collected to

(i) verify your identity; (ii) to process your employment application; (iii) Security – to investigate, prevent, detect, and protect against misuse of our systems, fraud or other crime, or activities that violate our policies; (iv) to comply with the law; resolve disputes; enforce our agreements and policies, including where applicable the Honor Code; comply with our contractual obligations; cooperate in governmental or other legal inquiries; fulfill regulatory reporting obligations; protect our or others’ rights or assets; (v) Other Purposes as Disclosed at the time of collection/with your consent.

2.2. Categories of Third Parties – The data may be disclosed to

(i) Affiliated Companies; (ii) Technology Systems Service Providers (iii) Security Vendors; (iv) Government Agencies and Law Enforcement or Where Required By law; (v) Other service providers who use your data solely to provide services to us or you.

2.3. This category of data is not sold or shared for targeted advertising.

3.1. Payment and Financial Information – such as credit or debit card number, expiration date, billing address, and banking information.

3.2. This data is collected to process transactions and fulfill your orders; to pay you for the content you provide or services you render to Upscend; for Internal Business Purposes; to investigate, prevent, detect, and protect against misuse of our systems, fraud or other crime, or activities that violate our policies; to resolve disputes; enforce our agreements and policies; comply with our contractual obligations; cooperate in governmental or other legal inquiries; fulfill regulatory reporting obligations; protect our or others’ rights/assets); Business transaction in connection with a merger, acquisition, consolidation, bankruptcy, or other corporate transition, including during due diligence; Other Purposes as Disclosed at the time of collection with your consent.

3.3. The data may be disclosed to Affiliated Companies; payment processors; Government Agencies and Law Enforcement or Where Required by Law; Third Parties in connection with the court or other legal actions; Third Parties to Whom You Agree or Direct Us to Share Your Information; Other service providers who use your data solely to provide services to us or you.

3.3. This category of data is not sold or shared for targeted advertising.

4.1. Educational Information – Tutor’s degree, year of graduation, series, and for our services, your performance in the respective series, and graduation status.

4.2. This data is collected to process your employment application; comply with the law, resolve disputes, enforce our agreements and policies, including where applicable comply with our contractual obligations, cooperate in governmental or other legal inquiries; and fulfill regulatory reporting obligations.

4.3. This data may be disclosed to users; Affiliated Companies; Technology Systems Service Providers; Government Agencies and Law Enforcement or Where required by Law and third parties to whom you agree or direct us to share your information.

3.1. Employment Information – such as your eligibility to work in the United States, work history, employment status, employer, salary, and offer and start date.

3.2. This data is collected to process your employment application; comply with the law, resolve disputes, enforce our agreements and policies, including where applicable comply with our contractual obligations, cooperate in governmental or other legal inquiries; and fulfill regulatory reporting obligations.

3.3. This data may be disclosed to other tutors and the selection panel; Affiliated Companies; Technology Systems Service Providers; Security Vendors; Government Agencies and Law Enforcement or Where required by Law; Third Parties in connection with court or other legal actions; Third - Parties to whom you agree or direct us to share your information.

4. DATA YOU PROVIDE DIRECTLY

4.1. Live Chat. When you participate in our chat features, such as Upscend Support sessions, we can record, use, and retain your data provided, as well as the communications within the chat, for purposes of providing you the Services and allowing you to participate in the feature, assisting you during the conversation, providing related support for your account, subscription, or services, and to improve the Services. If you do not consent, please do not continue with chat features.

4.2. Video Call Recording. We may record video calls between guru and users, for example, one-to-one meetings between guru and users and class instruction sessions for quality assurance and security purposes. If we record such a call, a notice will be provided to you within the video call tool.

4.3. Photos and Videos. We allow you to post photos and videos on the Services or to submit them to us.

4.4. Registration to become an guru. When you register to be an guru, we will collect information from you such as your education and employment history, phone number, photo, country of residence, and information we need to process payments to you, such as your bank account information, social security number, or taxpayer identification number, as necessary to facilitate payment and to comply with related legal obligations.

5. DATA PROCESSING AND RETENTION

5.1. Upscend processes your personal data if processing is based on the consent you have given. As such our collection, analysis, and publication of user feedback and reviews, analysis of video lessons, and placement of different types of cookies are based on your consent.

5.2. Processing is necessary to provide our services to you according to our Terms of Service which constitute a contract between you and us as regards to information services of the Website and Upscend Platform.

5.3. Processing is based on the explicit consent you have given to us and our online verification provider to process your biometric information for tutor identity verification and fraud identification.

5.4. Processing is necessary for our legitimate interests including but not limited to;(i) compliance with the U.S. financial and accounting legislation; (ii)user session control and fraud prevention, ensuring the appropriate protection of personal data; (iii) tutor verification and development of high-quality learning programs with tutors; (iv) enhancing the learning experience for tutors and users by providing AI-powered personalized recommendations, improved lesson planning, and interactive learning tools.

5.5. You acknowledge that “Upscend” has no obligation to you to retain data relating to any account. You acknowledge that “Upscend” reserves the right to delete data or to terminate accounts at any time and for any reason, with or without notice, and without any liability to you or any third party for any claims, damages, costs, or losses resulting therefrom.

DATA OWNERSHIP

Upscend owns the code, databases, and all rights to their services and the users retain ownership, control, and all rights to their records and data which are their property.

COOKIES

8.1. Information collected through the use of cookies and cookie-like technologies, including information collected using such methods and technologies about your visits to, and interaction and engagement with, the Services, Subject to your privacy choices and settings, enabling our website to remember your actions and preferences (such as language, font size, and other display preferences) over time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.

8.2. You can manage the use of cookies on your computer using controls in your browser. You can delete all cookies that are already on your computer, and you can set most browsers to prevent them from being placed. There are also opt-out sites and applications for mobile devices which can help you manage cookies.

OPT-OUT TOOLS

9.1. To opt out of the processing of your personal data for targeted advertising, please complete this form.

9.2. Do Not Track. Do Not Track (“DNT”) signals offered by some web browsers are settings that request that a web application disable its tracking of an individual user.

9.3. Global Privacy Controls. Global Privacy Control (“GPC”) is a technical specification in your browser settings that you can use to automatically inform websites of your privacy preferences related to third-party online tracking.

9.4. Mobile Device/App Choices. Mobile devices may contain settings that allow you to disable tracking advertising and/or analytics.

RIGHTS RELATED PERSONAL DATA

10.1. The EEA, Brazil, California, and several other U.S. states grant specific rights to people living under their jurisdiction. You may file a complaint with the competent data protection authority regarding the processing of your personal information.

10.1. The following are your rights:

(i) Withdraw Consent: Where you are requested to consent to the processing of your personal information by IeL, you have the right to withdraw your consent at any time.

(ii) Know: You have a right to know what personal information we collect, process, and share or sell. This policy is meant to provide transparency related to your data. If you have additional questions, you can email us at abdullah@upscend.com.

(iii) Access: You can request a copy of the personal information we have collected about you from us.

(iv) Delete/Erase: You can request us to delete all the information we have collected about you. It is important to note that by exercising your right to deletion you may lose access to your account and any purchases, points, or associated features. If you wish to cancel your account or request that we no longer use some or all of your information to provide you services.

(v) Rectification: If you find that any of the information that we are processing is inaccurate, you can contact us to have your information corrected. In response, we will cancel or remove your information but may retain and use copies of your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. For certain requests, we may require additional information.

(vi) Opt-out of the Sale or Sharing for Targeted Ads: Under some circumstances, we may sell or share the personal data you provide to us to provide ads to you that align with your interests. If you would prefer not to have your data sold or shared, you can opt out of selling or sharing by submitting a request by emailing us at abdullah@upscend.com. We may ask for additional information to verify your request.

(vii) Object to the Processing: You can object to our processing of your personal information via our privacy portal, under certain circumstances. By objecting to processing, you may be unable to access some or all of our services. This right is limited to personal data processed for commercial purposes.

(viii) Object to the Use of Sensitive Personal Information: You have the right to object to our use of your sensitive personal information. Sensitive personal information is information about your health, race, religion, sexual orientation, gender identity, political opinions, or philosophical beliefs. You should always be mindful of the personal information you share online, especially when it is sensitive.

(ix) Object to Automated Processing: You have a right to object to the processing of your data for automated decision-making about you.

(x) Discrimination: You have a right to not be discriminated against by Upscend for exercising your rights.

11. CONSENT TO TRANSFER

Upscend is based in the United States. Please be aware that your connection will be through and to servers located in the U.S. and other countries. By using the Services or providing us with any information, you fully understand and unambiguously consent to this transfer to, and processing, usage, sharing, and storage of your information in the United States and other jurisdictions, for which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to the laws in those jurisdictions.

12. CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE

Upscend values your privacy and as such we have taken the necessary precautions to comply with the California Online Privacy Protection Act. Upscend therefore will not distribute your personal information to outside parties without your consent.

13. CHILDREN ONLINE PRIVACY PROTECTION ACT COMPLIANCE

13.1. Upscend complies with the requirements of COPPA (Children Online Privacy Protection Act). We do not collect any information from anyone under 13 years of age. Our website, products, and services are all directed to people who are at least 13 years old or older. Upscend has taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information.

13.1. Children’s Information.We encourage parents and guardians to observe, participate in, and/or monitor and guide their Children's online activity. Upscend does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

14. DATA SECURITY AND BREACH HANDLING

We implement appropriate technical and organizational security measures to protect your personal information against unlawful destruction, loss alteration, misuse, or unauthorized access while in our possession. All parties we contract with must agree to provide reasonable data security measures for the customer information we share with them, in compliance with applicable laws and regulations. If we learn of a security breach that affects our users, we may send an email or other direct communication to you, or post a blog to notify the public on our Help and Support Security Center.

If you have any reason to believe that your data with us has been compromised (for example, there has been unauthorized access to your account), please contact us at abdullah@upscend.com.

15. APPLICABLE LAWS AND DISPUTE RESOLUTION

15.1. Our Privacy Policy and any relationship between us and you in connection with your usage of our Website and Mobile App shall be governed by and construed in accordance with the laws of ______________________.

15.2. Dispute Resolution

In case of a dispute arising from any function/part of the App, or any clause stated in the Privacy Policy, it shall be resolved in the following manner:

1. You will email the details of your dispute/complaint at the email address provided in the contact section, and Upscend will attempt to satisfy you or resolve your claim within a period of ______months from the date of receipt of your complaint/dispute notice.
2. Your email must have the following particulars stated explicitly:
   • Your name
   • Operational contact details (Email Address, Phone Number, Mailing Address, etc.)
   • Details of the claim along with any measures you took on your own to correct the issue at hand and remedy or corrective measure you seek from Upscend for your inconvenience.

15.3. Court Referral

If your complaint or dispute raised by you is not resolved under Provision 15.2, such dispute shall be referred to and finally resolved by the courts of ___________.

15.4. Claim Filing

If we have a claim, complaint, or dispute against you, we may at our discretion, either file such a claim or complaint before a court in the place of the user’s/your residence or before the courts of ________, whichever we find convenient.

16. AMENDMENT TO PRIVACY POLICY

This policy may be amended or updated from time to time at our discretion. Any updates will be effective at the time of publication unless specified otherwise. Your continued use of our services after the publication of a policy update constitutes your consent to the changes.

17. CONTACT US

You can submit privacy-related inquiries, additional questions, and complaints at abdullah@upscend.com or at the following address:
Attention: Legal Department
Address: ________________
For Users in the European Union, we have registered our DPO with the _______ Data Protection Commission. If you have any questions or concerns about our privacy practices, we encourage you to contact our DPO at the following email address abdullah@upscend.com.