Introduction

This Privacy Policy informs you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from visitors and registered users of tangerinelms.com (this “Site”). This Privacy Policy applies only to information that you provide to us through this Site and explains in plain language what we do with that information, how we share it, and how we handle the content you place. It also explains your rights and the choices available to you regarding our use of your personal information and how you can access and update this information. Our Privacy Policy may be updated from time to time, and we will notify you of any material changes by posting the new Privacy Policy on the Site at Privacy policy and revising the “Effective starting” date at the top of this policy. We encourage you to review our Privacy Policy whenever you use this “Site” to stay informed about our information practices and the ways you can help protect your privacy. If you disagree with any changes to this Privacy Policy, you will need to stop using this “Site” and deactivate your account(s), as outlined below. This Privacy Policy applies to the information that we obtain through your use of “Site” via a “Device” or when you otherwise interact with Tangerine LMS. A “Device” is any computer used to access the “Site”, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device. “Site” includes the Tangerine LMS web site and SaaS service but does not include any other own- or third-party products or services for which a separate privacy policy is provided. These are third party products or services that you may choose to integrate with Tangerine LMS services. You should always review the policies of third-party products and services to make sure you are comfortable with the ways in which they collect and use your information. By registering for or using Tangerine LMS Services and accepting the Terms of Service you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.

Who We Are

Zercom Systems Nig Ltd (“Zercom”) provides accessible and affordable eLearning services such as Tangerine LMS, to any single company or organization. “Zercom”, located in Nigeria (No 1, Engineering Close, Off Idowu Taylor Street, Victoria Island, Lagos, tel. (+234) 01 342 9741) and having as seat of establishment in the United States of America (13210 Arriba Greenfields Drive, Bowie MD 20720) promote and provide eLearning services, responsible for the management, maintenance and operation of the Learning Management Solutions. The Zercom Systems complies with Data Protection Laws and Zercom will not knowingly do anything or permit anything to be done which might lead to a breach of the Data Protection Laws. Tangerine LMS: Tangerine Learning Management System is a SCORM compatible eLearning platform designed to help organizations facilitate the administration, documentation, tracking and reporting of online training to its learning community. Customers access Tangerine LMS by means of a unique User login name and secure password. The Customer specifies, customizes and provides access to the service to the authorized users (“Users”) of his domain, consisting of course Instructors and Learners. Additionally, the Customer may specify custom User roles for his domain. The course Instructors specify and manage the content of the courses, which may include text documents, video and audio files, images, presentations. Learners attend the courses and are subject to tests, for which they are graded; Learners have access to their own grades through the LMS. Each Learner can view his grades and extract reports, by means of supplying the reporting criteria through the respective service interface, regarding his own performance and his overall use of the service. Each Instructor can extract reports for the activity of his courses. The Customer owns his domain data and can extract reports for the total activity of his domain, including all its Users.

Links To Other Sites

Our website may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by Tangerine LMS.

Disclaimer

Tangerine LMS attempts to provide accurate information on our website, but it assumes no responsibility for accuracy. Tangerine LMS may change the information on the site, or the products or services mentioned, at any time without notice. Content on our site is provided “as is” and Tangerine LMS disclaims all warranties, express or implied. This includes but is not limited to implied warranties of merchantability, or fitness for a particular purpose. It also includes any express or implied warranties arising from any course of dealing, usage or trade practice.

Limitation of Liability

Tangerine LMS is not liable for any direct, indirect, special, incidental or consequential damages arising out of the use of material on our site. This includes but is not limited to the loss of data or loss of profit, even if Tangerine LMS was advised of the possibility of such damages.

Collection: The Personally Identifiable Information We Collect

Visitors and Users: In the course of using this Site, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you, and information on your use of and activities at our Site that may be connected with you (“Personal Information”). Personal Information that we collect may include, but is not limited to, your name and email address. When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website. This information may include, but is not limited to, your Internet Protocol address, browser type and information you search for on our Site. Like many websites, we may also use “cookies” to collect information. A cookie is a small data file stored by your browser at your Device’s hard disk for record-keeping purposes. We use “session ID cookies” in order to support login and main service functionality. We may also store cookies of third-party providers. In particular, Google stores a Google Analytics cookie in order to be able to differentiate between users and be able to show us how many times people visit the website on average (not individually) and information on what pages they’ve seen, how long the duration was, and so on; we do not identify who the visitor was, or what is his Tangerine LMS account (if any). Zercom does not collect, store or process data from third-party cookies. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. In some cases, another User (such as an administrator) may create an account on your behalf and may provide your information, including Personal Information (most commonly when your company requests that you use our service). We collect Information under the direction of our Customers and often have no direct relationship with the individuals whose personal data we process. If you are an employee of one of our Customers and would no longer like us to process your information, please contact your employer and us at the contact information below.

Customers: In addition to the data, we collect for all Users, we also collect data that are required for your contract with us, such as your company affiliation, invoicing data and also service usage data that prove that the service is used in accordance to your subscription terms, we may also acquire additional data through our Customers’ support requests to the extent this is required for us to resolve a technical issue or respond to a request or complaint. We also email to our Customers newsletters, announcements regarding Tangerine LMS and our products, or marketing material. If you are a Customer and no longer wish to receive such emails you can remove yourself from the recipients list at any time by selecting the “unsubscribe” link provided within the e-mail footer. If you are providing information (including Personal Information) about someone else, you must have the authority to act for them and to consent to the collection and use of their Personal Information. In case You use through Our Service any optional third-party service for content, such as YouTube, You explicitly agree to be bound by the respective Terms of Service (for YouTube); Our Service does not share any Personally Identifiable Information with YouTube.

Content: We collect and store Content that you create, input, submit, post, upload, transmit, store or display in the process of using our “Site”. Such Content includes any Personal Information or other sensitive information that you choose to include (“incidentally-collected Personal Information”). Although Zercom owns the code, databases, and all rights to the Tangerine LMS service, Customers retain ownership, control and all rights to their records and data which are their property.

Other submissions: We collect other data that you submit to our “Site” or as you participate in any interactive features of the Tangerine LMS Services, participate in a survey, contest, activity or event, request Customer support, or otherwise communicate with us.

How We Use, Process and Retain Personal Information

Personal Information is or may be used for the following purposes:

1. to provide and improve our Site, services, features and content
2. to administer your use of our Site
3. to enable you to enjoy and easily navigate the Site
4. to better understand your needs and interests
5. to fulfill requests you may make
6. to personalize your experience
7. to provide or offer software updates and product announcements
8. to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional.

We use information we obtain by technical means (such as the logging performed by our servers or through the use of cookies) for the above purposes and in order to monitor and analyze use of the Site and our services, for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, to better tailor it to your needs, to generate and derive useful data and information concerning the interests, characteristics and website use behavior, and to verify that visitors to the Site meet the criteria required to process their requests.

We collect and process personal data in a transparent manner, to the extent necessary for specified, explicit and legitimate purposes, and do not process it further in a manner incompatible with those purposes. We take care that the data we collect are accurate and, when necessary, updated. We take all reasonable steps to immediately delete or rectify personal data, if inaccurate. We process data in a way that guarantees their security, including their protection against unauthorized or unlawful processing and accidental loss, destruction or degradation, using appropriate technical or organizational measures. We are ready to prove at any moment how we adhere to the above principles. We take the appropriate technical and organizational measures for the security, confidentiality, integrity and availability of the data. We expressly declare that these measures ensure that, by definition, personal data are not made accessible without the intervention of the natural person to an indeterminate number of natural persons.

Each domain’s data are retained for as long as the Customer’s contract to the service lasts. Upon contract expiration the data will be deleted or returned to the Customer if the Customer instructs us to. Alternatively, the domain will be rendered “inactive” and stored offline for 6 months so that a service reconnection is as smooth as possible; in case subscription is not renewed after 6 months, the data are permanently deleted.

Information Sharing and Disclosure

Users: We will display your Personal Information in your profile page. You can review and revise your profile information at any time. You should be aware that the administrator, as well as specially designated support personnel in order to provide support for technical issues you may face, may be able to: access information in and about your account; access communications history, including file attachments, for your account; disclose, restrict, or access information that you have provided or that is made available to you when using your account, including your Content; and control how your account may be accessed or deleted.

Third Parties: We do not sell your Personal Information or Content and will not share or disclose any of your Personal Information or Content with third parties except as described in this policy. We do not share Personal Information about you with third parties for their marketing purposes (including direct marketing purposes). Service Providers, Business Partners and Others: For security, service operation and management purposes, Tangerine LMS also uses third-party services that provide the same level of protection as Zercom. Third-party vendors and providers supply the necessary hardware, software, networking and storage to run the Tangerine LMS service. These third parties have access to your Personal Information only for purposes of performing these tasks on our behalf.

Compliance with Laws and Law Enforcement: Tangerine LMS cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Tangerine LMS or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.

Children: Our services are not directed to children. We do not knowingly collect Personal Information from children. If we become aware that a child has provided us with Personal Information, we will take steps to delete such information. If you become aware that a child has provided us with Personal Information, please contact us at the contact information below.

Business Transfers: We may share or transfer your Information (including your Personal Information) in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You will be notified on any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

Your Rights: Zercom respects your rights as a data subject. When Zercom processes personal data on behalf of and as instructed by its Customers, our Customers are responsible towards the data subjects and you should contact the respective Customer to which the content of your service belongs for exercising your rights. In this case, Zercom does not respond directly to your requests for the exercise of your rights that come to our knowledge, but we inform the Customer without delay and provide all reasonable and reasonable assistance to satisfy your requests in accordance with instructions of the Customer. The service has all the necessary features to enable our Customers to exercise the rights of the data subjects on their behalf. For example, the service provides the ability to obtain and manage consent, and to implement strict and secure password policies as well as to exercise the right to be forgotten.

A synopsis of your rights as a data subject is provided below.

Transparency, information and answers to requests: Zercom adheres to the principle of transparency in processing. We will respond without delay and in any case within one month upon receipt of the request.

Access: You have the right to receive from Zercom confirmation on whether your personal data are processed and in case this happens all required information thereof (processing means, goal, records etc.).

Rectification: You have the right to require the rectification of inaccurate data relating to you without undue delay, as well as to fill in incomplete data if necessary, for processing. If you have an account on our Site you can update your account data through your profile by selecting “Account” by clicking the drop-down arrow beside the profile name at the top of the screen.

Erasure: You have the right to ask for the erasure of personal data concerning you without undue delay. Zercom by means of its designated personnel will erase the data where one of the following grounds applies: a) the personal data are no longer necessary in relation to the purposes of processing; or b) the person requesting the erasure withdraws consent on which the processing is based and there is no other legal ground for the processing; or c) the data subject objects to the processing and there are no overriding legitimate grounds for the processing or the data subject objects to processing for direct marketing; or d) the personal data have to be erased for compliance with a legal obligation. Zercom will not proceed to the erasure of the personal data if the data must be maintained for compliance with a legal obligation or in cases where the processing is required for the establishment, exercise or defense of legal claims. If you receive marketing emails, you can remove yourself from the recipients list by selecting the “unsubscribe” link within the e-mail.

Restriction of processing: You have the right to request restriction of processing if the accuracy of personal data is disputed, for that period of time that allows Zercom to verify the accuracy of personal data or based on any other legitimate reason specified in applicable Data Protection Laws.

Data Portability: You have the right to receive your personal data in a structured, commonly used and machine-readable format as well as the right to request the direct transmission of personal data by Zercom to another, if this is technically feasible.

Right to Object: You may oppose the processing of personal data which takes place without your consent. In this case, Zercom no longer submits the personal data unless it demonstrates imperative and legitimate reasons for the processing that outweigh the interests, rights and freedoms of you as a data subject or for the foundation, exercise or support of legal claims. If you receive promotional emails, you can remove yourself from the recipients list by selecting the “unsubscribe” link within the e-mail content. You may also oppose processing at any time by contacting us at the email provided at the end of this Policy.

Complaint to Supervisory Authority: You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes Data Privacy Laws.

Complaint to Supervisory Authority: You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes Data Privacy Laws.

Security

Tangerine LMS is very concerned with safeguarding your information. We employ reasonable measures designed to protect your information from unauthorized access.

Data Ownership

Although Zercom owns the code, databases, and all rights to the Tangerine LMS service, Customers retain ownership, control and all rights to their records and data which are their property.

Tangerine Content: All systems data and content provided through Tangerine LMS to the customer remains the intellectual property of Tangerine LMS. This content could be available via preloaded courseware or the content market place of Tangerine LMS. Customers either make use of a free or paid license to access the said content.

Client Generated Content: Course materials uploaded by customers as instructional, digital or eLearning content will remain the intellectual property of the customer. Clients have unrestricted control and access to their uploaded content and these materials can be retrieved/ removed from Tangerine LMS at any time by outright deletion or downloading of the SCORM files. These materials are also protected via the below-mentioned security protocol as they reside in the same content directory.

Content Protection

First Level Protection: The directories of the LMS (alongside the Content directory) has first level protection whereby contents in any of the directories are not accessible outside the LMS and its server. The Directory Browsing element on IIS configuration controls the information that is displayed in a directory. When a user tries to access any directory within the application outside the server, the Server will throw a security error stating “Forbidden: Access is denied” with status code 403.

Second Level Protection: Tangerine LMS has a content directory where all course content is stored. These contents are protected via SCORM Connectors.

SCORM Connectors: SCORM connectors are readymade plugins that make it easy to content from third-party libraries into Tangerine LMS. With SCORM connectors, the content that will be accessed by the users does not reside on Tangerine LMS/ server, thus content cannot be compromised. Unlike the typical SCORM file content, SCORM connectors scrambles the SCORM data making it impossible for the content to be viewed outside the LMS.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at: dataprivacy@zercomsystems.com