Privacy Notice

Introduction and Scope

Desert Sales Academy, Inc. d/b/a LightSpeed VT (“LightSpeed VT,” “we,” “us,” “our”) respects personal privacy and recognizes the importance of protecting the information we collect, use, store, disclose, and transfer (collectively, “process”). This Privacy Notice (the “Notice”) is directed at data subjects whose personally identifiable information (“Personal Information”) we may receive from our customers or business partners in our hosted virtual training software applications.

This Notice is also directed at individuals who provide Personal Information on the lightspeedvt.com website (“Website”), “VT2GO” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Notice describes how the Personal Information you may provide is collected, protected, and used. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information.

This Notice does not apply to the practices of companies that we do not own or control. Our customers use our hosted technology platform to store and process data of their own customers at their own discretion. In this circumstance, we act only as a storage and service provider, without any interest or knowledge about what is being stored, and in general shall only access such data at our customer’s request in connection with customer support or account administration matters, as is reasonably necessary in order to provide the services that our customer has directed us to provide, or as may be required by law.

Automatic Collection of Information

When you open the Website or use the Mobile Application, our servers automatically record information that your browser or device sends. This data may include information such as your device’s IP address and location, browser and device name and version, operating system type and version, language preferences, the webpage you were visiting before you came to the Services, pages of the Services that you visit, the time spent on those pages, information you search for on the Services, access times and dates, and other statistics. Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage and traffic of the Services. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

Categories of Personal Information

You can access and use the Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features of the Services, you may be asked to provide certain Personal Information (for example, your name and email address). We receive and store any information you knowingly provide to us when you create an account, publish content, make a purchase, or fill out any online forms on the Services. When required, this information may include the following:

• Personal details such as names, country of residence, etc.
• Contact information such as email address, address, phone number, etc.
• Account details such as username, unique user ID, username, password, purchase history, etc.
• Payment information such as credit card details, bank details, etc.
• Certain device or browser data such as IP address, device ID, etc.

Some of the information we collect is directly from you via the Services. Some information is collected through our customers that use our technology platforms to store and process their own customers’ Personal Information at their own discretion.

We may also collect Personal Information about you from other sources such as public databases, social media platforms, third-party data providers, and our joint marketing partners. Personal Information we collect from other sources may include demographic information, such as age and gender, device information, such as IP addresses, location, such as city and state, and online behavioral data, such as information about your use of social media websites, page view information and search results and links. You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features of the Services. Users who are uncertain about what information is mandatory are welcome to contact us.

Purpose of Processing

We process Personal Information for the following purposes:

• Create and manage user accounts
• Fulfill and manage orders
• Deliver products or services
• Improve and personalize products and services
• Track training content consumed by users
• Send administrative information
• Send marketing and promotional communications
• Respond to inquiries and offer support
• Request user feedback
• Improve user experience
• Manage customer relationships
• Manage invoices and payments
• Post customer testimonials
• Deliver targeted advertising and notifications
• Administer prize draws and competitions
• Enforce terms and conditions and policies
• Protect from abuse and malicious users
• Respond to legal requests and prevent harm
• Run and operate the Services

Processing your Personal Information depends on how you interact with the Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the legal bases stated herein. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law (“retention period”). We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, we will delete such Personal Information within six (6) months.

Billing and Payment Processing

In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. Where necessary for processing future payments and subject to your prior consent, your financial information will be stored in encrypted form on secure servers of our reputed payment gateway service provider who is beholden to treating your Personal Information in accordance with this Notice. All direct payment gateways adhere to the latest security standards as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. Sensitive and personal data exchange happens over a secured SSL communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with PCI vulnerability standards to create as secure of an environment as possible for users. Scans for malware are performed on a regular basis for additional security and protection.

Sharing Personal Information with Third Parties

We share Personal Information with our service providers, who process Personal Information on behalf of LightSpeed VT. Such third parties include those:

• Providing security authentication such as REST API
• Providing application integration such as Zapier, SCORM.com and Finch Inc.
• Managing customer accounts such as ChurnZero and QuickBooks
• Managing prospective customers such as HubSpot and Go High Level
• Providing IT systems and infrastructure such as Amazon Web Services (AWS)
• Managing our IT systems and infrastructure
• Providing customer support such as Zoho Desk

Our service providers may be located outside of the United States; however, we will either obtain your explicit consent to transfer your Personal Information to such third parties, or we will require those third parties to maintain at least the same level of confidentiality that we maintain for such Personal Information ourselves. LightSpeed VT remains liable for the protection of your Personal Information that we transfer to our service providers, except to the extent that we are not responsible for the event giving rise to any unauthorized or improper processing.

Other Disclosure of Your Personal Information

We may disclose your Personal Information (i) to the extent required by law or if we have a good-faith belief that such disclosure is necessary in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, or private parties, including but not limited to: in response to subpoenas, search warrants, or court orders, or (ii) if we sell or transfer all or a portion of our company’s business interests, assets, or both, or in connection with a corporate merger, consolidation, restructuring, or other company change, or (iii) to our subsidiaries or affiliates only if necessary for business and operational purposes as described in the section above.

We reserve the right to use, transfer, sell, and share aggregated, anonymous data, which does not include any Personal Information, about our Service users as a group for any legal business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients, and customers.

If we must disclose your Personal Information in order to comply with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, we may not be able to ensure that such recipients of your Personal Information will maintain the privacy or security of your Personal Information.

Access & Review

If you are a data subject about whom we store Personal Information, you may have a right to request access to, and the opportunity to update, correct, or delete, such Personal Information. To submit such requests or raise any other questions, please contact us using the contact information provided below.

Choice

You may opt out of having your Personal Information shared with third parties by us, and you may revoke your consent that you have previously provided for us to share your Personal Information with third parties, except as required by law. You may also have the right to opt out if your Personal Information is used for any purpose that is materially different from the purpose(s) for which it was originally collected or which you originally authorized. You may also have the right to withdraw consent to the processing of your Personal Information where you have previously given your consent or the right to object to the processing of your Personal information if the processing is carried out on a legal basis other than consent. If you choose to withdraw consent or opt out pursuant to this section, such withdrawal or opting-out will be applied going forward; it does not apply retroactively. To do this, you may send your request to us using the contact information provided below.

Rights of EU/UK/Switzerland Data Subjects

Dispute Resolution

Where a privacy complaint or dispute cannot be resolved through LightSpeed VT’s internal processes, Desert Sales Academy, Inc. d/b/a LightSpeed VT has agreed to participate in the VeraSafe Data Privacy Framework Procedure. Subject to the terms of the VeraSafe Data Privacy Framework Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe and participate in the VeraSafe Data Privacy Framework Dispute Resolution Procedure, please submit the required information here: https://www.verasafe.com/public-resources/dispute-resolution/submit-dispute/

If your dispute or complaint cannot be resolved by us, nor through the dispute resolution program established by VeraSafe, you may have the right to require that we enter into binding arbitration with you pursuant to the Data Privacy Framework’s Recourse, Enforcement and Liability Principle and Annex I of the Data Privacy Framework.

Regulatory Oversight

LightSpeed VT is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

California Privacy Rights

In addition to the rights as explained in this Notice, California residents who provide personal information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the customer information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared such customer information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information please contact us using the contact information provided below.

Privacy of Children

We do not knowingly collect any Personal Information from children under the age of eighteen (18). If you are under the age of 18, please do not submit any Personal Information through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Notice by instructing their children never to provide Personal Information through the Services without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Services, please contact us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).

Cookies

A “cookie” is a small file stored on your device that contains information about your device. We may use cookies to collect, store, and track information for statistical purposes to operate the Services. If you prefer not to accept cookies, you can change the setup of your browser to reject all or some cookies. Note, if you reject certain cookies, you may not be able to use all features of our Services. For more information, please visit https://www.aboutcookies.org/.

For more information about our use of cookies, please see our cookie notice.

Do Not Track Signals

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is different from using or collecting information in connection with a website. For these purposes, tracking refers to collecting Personal Information from consumers who use or visit a website or online service as they move across different websites over time. The Services do not track its visitors over time and across third party websites. However, some third-party sites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.

Advertisements

We may display online advertisements, and we may share aggregated and non-identifying information about our customers that we or our advertisers collect through your use of the Services. We do not share Personal Information about individual customers with advertisers. In some instances, we may use this aggregated and non-identifying information to deliver tailored advertisements to the intended audience. We may also permit certain third-party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities on the Services. These companies may deliver ads that might place cookies and otherwise track user behavior.

Email Marketing

We may send electronic mailings or marketing emails. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the Purpose of Processing Section above or for the purposes of utilizing a third-party provider to send such emails. We will maintain the information sent via email in accordance with applicable laws and regulations. In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the email is from and provide clear information on how to contact the sender. You may choose to stop receiving our electronic mailings or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

Information Security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

Information Security Incident

In the event of a data breach or other data security incident, we will take appropriate measures as required by law, which may include investigation and reporting, notification, and cooperation with law enforcement authorities, and notifying affected individuals.

Contact Us

If you have any questions about this Notice or our processing of your Personal Information, you may contact us by email at support@lightspeedvt.com or by postal mail at:

Please allow up to four weeks for us to reply.

Changes to this Privacy Notice

If we make any material change to this Notice, we will post the revised Notice to this web page and update the “Last Updated” date above to reflect the date on which the new Notice became effective. We encourage you to periodically review this page for the current version of this Privacy Notice in effect. We will also send an email notification to our active customer list about a change to our Privacy Notice.

Acceptance of this Notice

You acknowledge that you have read this Notice and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Notice. If you do not agree to abide by the terms of this Notice, you are not authorized to access or use the Services.

Links to Other Resources

The Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of other resources or third parties. We encourage you to be aware when you leave the Services and to read the privacy statements of every resource that may collect Personal Information.