PLEASE READ CAREFULLY THIS PRIVACY POLICY AS IT AFFECTS YOUR OBLIGATIONS AND LEGAL RIGHTS. THIS PRIVACY POLICY APPLIES TO ALL OUR SERVICES AND/OR PRODUCTS.
This Privacy Policy is an independent legal document. Your rights and obligations when you use the Website (learnmarine.com) are also defined (may be defined) by the following documents (agreements): Terms of Use (Terms and Conditions), Disclaimer, any other terms we let you know about.
SECTION 1 – GENERAL CONDITIONS
Our Privacy Policy governs the privacy terms of using the Website (learnmarine.com, hereinafter the Website), general rules of User’s Personal Data collection, processing, distribution, use and keeping by the Website Owner.
We follow all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains what information of yours we will collect when you use the Website, how that information will be used, and how we will share and protect the information.
EACH USER MUST CAREFULLY READ AND COMPLY WITH THIS POLICY.
BY USING THE WEBSITE YOU CONFIRM THAT YOU AGREE TO THESE TERMS OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY IN GENERAL OR ANY PART OF IT, YOU SHOULD WITHHOLD FROM USING THE WEBSITE. YOU ALSO AGREE THAT YOUR PERSONAL DATA, COLLECTED BY US, IS TRANSFERRED WITH YOUR CONSENT.
You provide and guarantee to us the right to process your personal data, including the right to perform the following actions to process your personal data (fully or partially in an automated system): storing, registration, changing, restoring, and removing. Also you agree that your personal data is included in the personal data base and any additional notification is not required.
SECTION 2 – DEFINITIONS
2.1. In this Privacy Policy the following terms have meanings as described in the Definition section below:
2.1.1. “Website” shall mean the website maintained at a learnmarine.com and/or all the subdomains of the website learnmarine.com. The Website gives Users an opportunity to use our Maritime Education Platform and its functions.
2.1.2. “Maritime Education Platform” or “Information system” – is a complex information system with relevant functional assignment, specified in our Terms of Use (Terms and Conditions) and/or in the description section (“about us” or similar section) of the Website.
2.1.3. “User” (“Users”) means a person who uses the Website and/or otherwise has an access to the functionality of the Website and/or the Information system.
2.1.4. “Personally identifiable information” (hereinafter – “Personal Information” or “Personal Data”) shall mean any information that can be directly associated with a specific person and can be used to identify that person (including the information about Your activities, such as information about Your use of the Website, when directly linked to personally identifiable information, including automatically collected). We do not consider Personal Data to include information that has been anonymized so that it does not identify a specific User.
2.1.5. “Controller” means a person, which determines the purposes and means of the processing of personal data.
2.1.6. “Processor” means a person, which processes personal data on behalf of the Controller.
2.1.7. “Owner” (“Website Owner”) or “we”, (“us”, “our”) means Learnmarine LLC, a company incorporated and existing under the laws of the United States, which owns the exclusive rights for the intellectual property of the Website and/or the Information System.
2.1.7.1. The Website Owner is also the entity that determines the purposes and means of the processing of personal data and that processes personal data. Accordingly, the Website Owner is both the Controller and Processor in the sense specified in paragraphs 2.1.5 and 2.1.6 of this Privacy Policy. However, Learnmarine LLC may also engage other entities (such as service providers or agents) to process personal data on its behalf, in accordance with this Privacy Policy and applicable law.
2.2. The other terms and notions used in this Policy shall be understood in accordance with the Terms of Use (if available), unless other specified in this Privacy Policy.
SECTION 3 - INFORMATION WE COLLECT AND PROCESS
3.1. The User hereby expressly consents to provide to Us, immediately upon Our notice of request, any information (including Personal Data) that We, in Our sole discretion, deem to be required to maintain compliance with any law, regulation or policy.
3.2. Technical means of our Website can collect and process the following Personal Data: e-mail, last name, and first name. Additionally, depending on User activity, we may collect and process: date of birth, phone number, user photo, professional rank, employer information, and scanned copies of certificates of proficiency or training.
We process this information only where we have a valid legal basis to do so, which may include:
- to perform a contract with you (for example, to register your account, provide access to courses offered under our Terms as a public offer, and issue training certificates after verifying your eligibility and identity);
- to comply with legal obligations (such as requirements under maritime training standards or tax and regulatory laws);
- based on our legitimate interests (for example, to ensure platform security, prevent fraud, and improve our services); or
- with your consent (for example, to send you marketing communications or place non-essential cookies).
3.3. The above mentioned information, described in paragraph 3.2., may be requested and or collected by us prior to activating Your account on the Website and/or any services available through the Website. Any doubts as to validity, authenticity and genuineness of the information, provided by You shall be considered a valid reason to deny Your access to our Website and/or services.
3.4. The User (You) hereby expressly consents, represents and warrants that any and all information provided to Us is valid, current, complete and accurate.
3.5. Data collected from all users, including non-registered.
When you use the Website, we automatically collect certain technical information from your device, such as your IP address, browser type, operating system, mobile network information, device identifiers, and standard web log information (for example, the pages you visit).
We process this information where we have a valid legal basis to do so, which may include:
- our legitimate interests in ensuring the security, stability, and proper functioning of the Website;
- to perform a contract with you, where necessary to deliver our Services;
- to comply with legal obligations (for example, fraud prevention, security monitoring); and
- with your consent, where we use cookies or similar technologies for analytics or advertising purposes.
This information may also be shared with our service providers as necessary to operate and improve the Website.
3.6. We also collect and store such information as: User requests in support regarding the work of the Website, its related services and other issues.
3.7. When You access the Website and/or use Our services We (or Google Analytics or similar service provider on our behalf) may place small data files called cookies on Your computer or other device. We use these technologies to recognize You as our User; customize our Website and advertising; measure promotional effectiveness and collect information about Your computer or other access device to mitigate risk, help prevent fraud, and promote trust and safety.
3.7.1. We use mostly a “session cookies”. The session cookie allows the user browser to re-identify itself to the unique server to which the user had previously authenticated. The session key stored in the session cookie contains only a random number identifier (“key”) that is used to index the server's session cache. There is no other information exposed in the session cookie.
3.7.2. Most browsers are initially configured to accept cookies. You may control the use of cookies within your internet browsers’ settings. You should refer to the instructions of your browser, the "Help" section or similar resource to learn more about how to manage cookies and possibly reset your browser settings to refuse all cookies. Or, you could specify in your browser settings that you want to be notified when cookies are sent. However, if you do not accept cookies, some pages on our Website may not display correctly and/or some functions may be impaired. If you have any questions regarding the rules of disabling cookies, please check with your browser vendor or manufacturer. In the European Union and the United Kingdom, we will only place non-essential cookies (such as analytics or advertising cookies) after you have provided consent via our cookie banner. Essential cookies necessary for the operation of the Website are always active
3.8. YOU AGREE THAT YOUR PERSONAL DATA MAY BE PROCESSED AND STORED BY US OR OUR COUNTERPARTIES DURING THE PERIOD OF TIME THAT IS PRACTICALLY NECESSARY TO FULFILL THE AIMS AND PURPOSES THAT IMPACT WITH FUNCTIONAL PURPOSE OF THE WEBSITE.
SECTION 4 - HOW WE USE YOUR DATA
We use the information we receive from you as follows:
4.1. We collect only the User’s Personal Data that we need for their proper using of the Website. We use Your Personal Data to:
- implement the functions of the Information System;
- administer our Website and/or provide services;
- organize educational events with the participation of our users;
- develop new products and services;
- personalize our Website for You;
- send You technical notices, support and administrative messages;
- communicate with You about products, services, promotions, events and other news and information we think will be of interest to You;
- monitor and analyze trends, usage and activities in connection with our Website and/or services;
- provide third parties with statistical information about our Users (but those third parties will not be able to identify any individual User from that information);
- verify compliance with the Terms of Use and/or other similar document governing the use of our Website.
4.2. The Website Owner is the only data controller and processor, except for the cases when there is an objective Website Owner’s need to process and/or store the information at the Website Owner’s counterparties or agents.
SECTION 5 – PERSONAL DATA PROTECTION AND STORAGE
5.1. The Website Owner takes appropriate technical and organizational measures, as required by applicable law, to protect your Personal Data. These measures include, but are not limited to, firewalls, encryption, physical access controls, role-based access restrictions, and vendor due diligence. Access to Personal Data is authorized only for those employees, contractors, or service providers who need it to fulfill their job or service responsibilities.
In the event of a personal data breach affecting EU/UK residents, we will notify the competent supervisory authority within 72 hours, and affected users where required by law.
5.2. Personal Data of our users is primarily stored and processed on servers located in the United States of America. In some cases, your Personal Data may also be processed in other jurisdictions where we or our service providers operate.
For residents of the European Union and the United Kingdom, international transfers of Personal Data are carried out on the basis of the EU–US Data Privacy Framework (where applicable) and/or the Standard Contractual Clauses (SCCs) approved by the European Commission, together with supplementary safeguards as required by law, to ensure that your data continues to receive an adequate level of protection.
5.3. We reserve the right to store, process and transfer Your Personal Data to Our servers in various jurisdictions, where Our facilities and/or Our service providers are located. It may also be processed by staff operating who work for Us and/or for one of Our service providers. Staff may be engaged in the fulfillment of Our services and/or the processing of Your data and/or the provision of support services. By submitting Your Personal Data, You agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that Your Personal Data is treated securely and in accordance with this Policy.
SECTION 6 – THIRD PARTIES
6.1. We may share your personal information with:
- service providers under contract who help with parts of our business operations;
- our banking partners and payment processing systems;
- companies that we plan to merge with or be acquired by (should such a combination occur, we will require that the newly combined entity follow these terms with respect to your Personal Data);
- law enforcement, government officials, or other third parties when we are compelled to do so by a subpoena, court order, or similar legal procedure; or we believe in good faith that the disclosure of Personal Data is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of any of our policies;
- our Personal Data processing counterparties or agents, hired by or cooperating with us, whose services are required by us from the practical point of view;
- other third parties – 1) only with Your prior consent or 2) Your direction to do so or 3) due to Your active actions related to the participation in an educational events, which are implemented via the Website.
SECTION 7 - INTEGRATING THIRD PARTY SERVICES AND LINKS TO OTHER WEBSITES
7.1. Our Website may, from time to time, contain links to and from the websites and/or mobile applications of Our partner networks, advertisers, and affiliates (including, but not limited to, websites on which the Website is advertised). If You follow a link to any of these websites and/or mobile applications, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any Personal Data that may be collected through these websites or services, such as contact and location data. Please check these policies before You submit any Personal Data to these websites or use these services.
SECTION 8 - PROTECTING YOUR CHILD'S PRIVACY
8.1. Our Services are intended for general audiences and do not contain content that is inappropriate for children. However, we do not knowingly collect personal data from children under 13 years of age in the United States or under 16 years of age in the European Union/United Kingdom (or the minimum age of digital consent in your jurisdiction).
8.2. If you are a parent or guardian and believe that your child has provided personal data to us without your consent, please contact us at info@learnmarine.com. We will take steps to promptly delete such data and, if applicable, close the account.
8.3. Some features of the Website (such as registration, certification, or online payments) may be available only to users who have reached the age of full legal capacity under the laws of their jurisdiction, or who use the Services with the consent and supervision of a parent or guardian.
SECTION 9 – RETAIN INFORMATION
9.1. In accordance with applicable laws and as needed to provide services to our Users, we retain Personal Data for the periods necessary to fulfill the purposes described in this Policy. Specifically:
Account data is retained for the duration of your account and up to two years after closure.
Training and certification records are retained for at least five years, or longer if required by applicable maritime or educational regulations.
Payment and transaction records are retained for seven years to comply with tax and accounting obligations.
Technical logs and security-related data are typically retained for 12 to 24 months.
Where retention beyond these periods is necessary to comply with legal obligations, resolve disputes, prevent fraud, or enforce agreements, we may retain data for longer in line with those requirements. Once data is no longer required, it will be securely deleted or anonymized.SECTION
SECTION 10 - SECURITY
10.1. We use relevant electronic and procedural safeguards to protect the Personal Data you provide to Us from loss, misuse, disclosure, alteration and destruction.
10.2. Please note that transmission of data or information (including communications by email) over the Internet or other publicly accessible networks is inherently insecure, and we cannot guarantee the absolute security of such transmissions.
SECTION 11 - PRIVACY POLICY UPDATES AND AMENDMENTS
11.1. We reserve the right to modify or amend this Privacy Policy at any time. You should review this Privacy Policy frequently. Your continued usage of Our Website shall mean your acceptance of those amendments and updates.
SECTION 12 - YOUR RIGHTS AS THE DATA SUBJECT, APPLICABLE LAW
12.1. You as the Personal Data subject have the rights in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679. You agree that the way of implementation of your rights is subject to the terms of this Privacy Policy. The following paragraphs (12.3. and 12.4.) are the way to implement some of your rights under the provisions of the General Data Protection Regulation.
12.2. We take all measures to comply with the requirements of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the UK GDPR, and applicable United States privacy laws (including the California Consumer Privacy Act, as amended by the CPRA). Please note, however, that the relationship between you and Learnmarine LLC is governed by the laws of the United States. Nothing in this Privacy Policy limits your rights under the laws of your country of residence where those laws apply.
12.3. ACCESS TO PERSONAL DATA
You have the right to access your personal information so that you can review what we have stored, as well as make corrections to your Personal data. You can request access to the information or make corrections by writing to us at the email address provided in the Contact information section below. If the information is not available or changed, we will inform you of the reasons for that.
If you are a resident of the European Union, you have the right to:
- Access, update or delete the information we hold about you;
- Correct your information if this information is inaccurate or incomplete;
- Object to our processing of your Personal data;
- Restrict the processing of your personal information;
- Transfer data. You have the right to receive a copy of your Personal data in a structured, printed format;
- Withdraw consent. You also have the right to revoke your consent at any time.
Please note that we may ask you to verify your identity before responding to such requests. Please mind that we will not be able to provide our Services without some of the required data.
You have the right to lodge a complaint to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority in the European Economic Area (EEA). We recommend you contact us to resolve all your questions and inquiries to the extent permitted by law, and we will reply promptly.
12.3.1. We will respond to verified data subject requests within one month of receipt. Where necessary, this period may be extended by up to two additional months, in which case we will inform you of the reasons for the delay. We may ask you to verify your identity before fulfilling a request.
12.4. DATA DELETION
How to remove (delete) your personal data? You have the right to require correction and/or deletion of your personal data by sending us an email to info@learnmarine.com. You can revoke your consent to Personal data processing at any time.
In the event that you withdraw your consent to Personal data processing and we will have no legal basis to continue processing your data, we will stop processing your Personal information. If we have legal grounds for processing your information, we have the right to continue using Personal data within the limits provided by law.
Please mind that We may retain part or all of the User's data and not delete it until a later stage, when all possible requirements related to the User's Personal data have been met (for example, in relation to the provision of services, prevention of fraud, compliance with any legal obligations, dispute resolution, agreement enforcement, etc.). In the event that We delete any user-generated content, including Personal data, this content will be removed from the active database but may remain in Our archives. This archived version is in no way and under any circumstances intended to be used as a backup and is not available to any user.
SECTION 13 - CONTACT US
13.1. If you have questions regarding this Privacy Policy, please contact us at the contact information indicated below:
Learnmarine LLC
Address: 5900 Balcones Drive STE 100, Austin, TX, 78731, USA
Email: info@learnmarine.com
Phone: +1 (831) 302-2334
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.
We encourage you to reach out with any concerns, and we will do our best to address them promptly. If you are located in the European Union or United Kingdom, you also have the right to lodge a complaint with your local Data Protection Authority. If you are a California resident, you may contact the California Privacy Protection Agency.