Privacy Policy & Cookie Policy

Privacy Policy

Last updated: January 24, 2021

 

We at OhMyClass by Mochy Kid Limited (the “Company”, “we”, “us”, or “our”) care about your privacy and want you to be familiar with how we collect, use, and disclose information. This privacy policy (“Privacy Policy”) and our Personal Information Collection Statement apply to visitors of our sites and Users (defined below) of the Services (defined below).

This Privacy Policy describes our practices in connection with information that we collect through:

  • websites operated by us or our affiliates from which you are accessing this Privacy Policy,
  • our social media pages,
  • HTML-formatted email messages that we send to you that link to this Privacy Policy,
  • your offline interactions with us where notice is legally required,
  • and any other products and services offered through any other venues, websites and mobile applications that direct you to this Privacy Policy

(collectively, the “Services”).

By using the Services, you agree to this Privacy Policy. 

 

1. DEFINITIONS

The following terms will have the meanings indicated below. Please refer to our Teacher Terms of Service or the User Agreement for any capitalized terms that are not defined in this Privacy Policy.

Other Information” means any information that does not reveal your specific identity or does not relate to an individual, such as usage data not linked to any unique identifiers.

Personal Information” means information that identifies you as an individual or relates to an identifiable individual, including name, postal address, phone number, email, credit card, profile picture, social media account ID, date of birth, gender, or unique online identifiers.

Teacher” means any business or entity that subscribes to (or otherwise accesses or uses) our Platform Service, including any staff, employees, consultants, advisors or independent contractors accessing the Services on the Teacher’s behalf.

Sometimes, we use the term “information” in this Privacy Policy, which may refer to either Personal Information or Other Information.

 

2. PERSONAL INFORMATION

2.1 What Personal Information We Get. Personal Information we may collect or obtain includes:

  • Account details (e.g., name, address, phone number, email, date of birth, gender, education, nationality)
  • Financial and transaction data (e.g., purchase history, account information, delivery and billing information, including credit card details etc.)
  • Other Services related data (e.g., customer support)
  • Location data (e.g., approximate geographic location)
  • Online identifiers (e.g., IP address, Device IDs, etc.)
  • Cookie-related data as detailed in our Cookie Policy

2.2 How We Collect Personal Information. As you navigate around the Services, we and our service providers acting on our behalf (like Google Analytics and third party advertisers) may automatically collect and use certain information in a variety of ways, including:

  • Through the Services: We may collect Personal Information through the Services, e.g., when you sign up for a newsletter or book a course if you are a User, or when you sign up to list on our Platform Service if you are a Teacher.
  • Offline: We may collect Personal Information from you offline, e.g., when you book a course over the phone or contact customer service.
  • From other sources: We may receive your Personal Information from other sources, such as our affiliates, public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected) and from other third parties. In addition, if you elect to connect your social media account to your Services account, certain Personal Information from your social media account will be shared with us, which may include Personal Information that is part of your profile or your friends' profiles.

We may use a third party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information may be collected by such third party and not by us, and will be subject to the third party provider’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, such third party’s collection, use and disclosure of your Personal Information.

If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

You do not have to provide us with certain Personal Information, yet, if you do not provide or enable us to collect the information necessary, we may not be able to provide some or all features of the Service, and that your experience may be less functional.

2.3 How Personal Information May Be Used. We and our service providers may use Personal Information:

  • To respond to your enquiries and requests, such as to complete your bookings and provide you with related customer service.
  • To send administrative information to you, such as changes to our terms, conditions and policies, as well as marketing communications that we believe may be of interest.
  • To share information with other marketers (and their service providers) to permit them to send you marketing communications, consistent with your choices.
  • To personalize your experience on the Services by presenting offerings tailored to you and to facilitate social sharing functionality.
  • To allow you to participate in contests and similar promotions and to administer these activities. Some of these activities have additional rules containing additional information about how we use and disclose your Personal Information.
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and features, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns, operating and expanding our business activities, responding to legal duties, and defending our legal rights or those of others.

2.4 Who We Share Your Personal Information With. Your Personal Information may be disclosed:

  • To our Teachers if you are a User and are using our Services to engage with that Teacher. Please contact us at hello@ohmyclass.org or the Teacher you purchased from for more details on that Teacher’s privacy policy.
  • To our affiliates for the purposes described in this Privacy Policy.
  • To our integrated partners and third party providers who offer services to us or to our Teachers, such as website hosting, data analysis, payment processing, information technology and related infrastructure provision, email delivery, auditing and other services.
  • To third parties, to permit them to send you marketing communications, consistent with your choices.
  • To third party sponsors of contests and similar promotions.
  • By you, on message boards, chat, listing pages, profile pages, blogs, forums and other services to which you are able to post information and content (including our social media pages). Please note that any information you post or disclose through these services will become public and may be available to other Users and the general public.
  • To your friends associated with your social media account, to other Users and to your social media account provider, in connection with your social sharing activity. By connecting your Services account and your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media provider's privacy policy.

We also may use and disclose your Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law, which may include laws outside your country of residence, to respond to requests from public and government authorities, which may include such authorities outside your country of residence, to cooperate with law enforcement, or for other legal reasons; (b) to enforce our policies; and (c) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.

We may furthermore use, disclose or transfer your information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

We may also use and disclose Personal Information collected through the Services in other ways, with your consent.

 

3. OTHER INFORMATION

Other Information we may collect or obtain includes:

  • Browser and device information
  • Usage data
  • Information collected through cookies, pixel tags and other similar technologies
  • Demographic information and other information provided by you that does not reveal your specific identity
  • Information that has been aggregated in a manner that it no longer reveals your specific identity
    • How We Collect Other Information. We and our service providers may collect Other Information in a variety of ways, including through your browser or device, where certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.

3.2 How Personal Information May Be Used and Who We Share Your Personal Information With. We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information. If we combine any Other Information with Personal Information, we will treat the combined information as Personal Information.

 

4. THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including our Teachers and any third party operating any Third Party Offering, site or other products and services used in connection with the Services. 

The inclusion of any link does not imply an approval or endorsement of it by us or by our affiliates. If you access or use our Services through a third party platform or service, or click on any third party links, the collection, use, and disclosure of your Personal Information will also be subject to the privacy policies and other agreements of that third party.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other companies through or in connection with our social media pages. 

 

5. SECURITY

The security of Personal Information is a high priority at OhMyClass. We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within the Company. Unfortunately, no system can be 100% secured. If you have reason to believe that your interaction with us is no longer secure, please notify us immediately at hello@ohmyclass.org.

 

6. CHOICES AND ACCESS

6.1 Your Choices About Our Use of Your Personal Information. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out from:

  • Receiving electronic communications from us: If you prefer to opt out of receiving marketing-related emails, you can follow the unsubscribe link in any promotional communication and by contacting us at hello@ohmyclass.org. Similarly, to stop receiving mobile text messages, you can send an email to hello@ohmyclass.org.
  • Our sharing of your Personal Information with affiliates or unaffiliated third parties for their (or their customers’) direct marketing purposes: If you would prefer that we not share your Personal Information on a going-forward basis with our affiliates or unaffiliated third parties for their direct marketing purposes, you may opt out of this sharing by contacting us at hello@ohmyclass.org.

We will try to comply with your request as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we will still send you transactional and relationship messages regarding the Services, including important administrative messages, booking confirmations, important updates about the Services, and notices about our policies, from which you cannot opt out.

6.2 How You Can Access, Update, and Delete Your Personal Information.

  • To update the Personal Information you previously provided directly, log into your account and update your account at any time.
  • To terminate your account, contact us at hello@ohmyclass.org. Even after your account is terminated, some or all of your information may still be visible to others, including any information that has been (a) copied, stored, or disseminated by other users (including in course comment); (b) shared or disseminated by you or others (including in your shared content); or (c) posted to a third-party platform. Even after your account is terminated, we retain your information for as long as we have a legitimate purpose to do so (and in accordance with applicable law), including to assist with legal obligations, resolve disputes, and enforce our policies. We may retain and disclose such information pursuant to this Privacy Policy after your account has been terminated.
  • To request to access, correct, or delete your Personal Information, or to transfer your Personal Information to another company (to the extent this right to data portability is provided to you by applicable law), email hello@ohmyclass.org. Please allow up to 30 days for a response.
    • In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information.
    • For your protection, we may require that the request be sent through the email address associated with your account, and we may need to verify your identity before implementing your request.
    • Please note that we may need to retain certain information for mandatory recordkeeping purposes and to complete transactions that you began prior to requesting a change or deletion (e.g., when you book a course or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such course or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.

 

7. RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

 

8. USE BY MINORS

The Services are not directed to or targeted at children under the age of eighteen (18), and we request that they do not provide Personal Information through the Services.

 

9. CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

 

10. SENSITIVE INFORMATION

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics or genetic characteristics, or criminal background) on or through the Services or otherwise to us, except where explicitly requested or consented to.

 

11. DISPUTE RESOLUTION

11.1 Governing Law and Jurisdiction. This Agreement shall be governed by, and construed in accordance with the laws of Hong Kong. You and the Company agree that the courts of Hong Kong shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this Agreement or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Hong Kong.

11.2 Arbitration. Any dispute, controversy, difference or claim arising out of or related to this Agreement or any aspect of the relationship between you and the Company, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, that are not resolved pursuant to section 12.2 above, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration section shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in English.

 

12. UPDATES AND CONTACT US

12.1 Modification. From time to time, we may update this Privacy Policy. The “Last Updated” legend at the top of the Privacy Policy indicates when it was last updated. Any changes in this Privacy Policy will become effective when we make the revised Privacy Policy available on or through our websites. Your use of the Services following these changes shall constitute your acceptance of this Privacy Policy as modified.

12.2. Interpretation. As used herein, “including” (and its variants) means “including without limitation” (and its variants). Headings are for convenience only. If any provision of this Privacy Policy is held to be void, invalid, unenforceable or illegal, the other provisions will continue in full force and effect.

12.3 Contact. If you have any concerns regarding our Privacy Policy, please email us at legal@ohmyclass.org, or send postal mail to us at Mochy Kid Limited, Unit 908-915, L9, Core F, Cyberport 3, No.100 Cyberport Road, Hong Kong.

 

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Cookie Policy

Last updated: November 2, 2020

 

What Are Cookies? Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website.

 

How We Use Cookies: We and our service providers use the information for security purposes, to facilitate navigation, to present information more effectively, to distinguish users and tailor your experience, and to recognize your device to allow your use of our Services. We also gather statistical information about the usage of the Services in order to continually optimize their design and functionality, understand how they are used, and assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or promotions are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to monitor responses to our ads. We do not respond to web browser-based do-not-track signals at this time.

 

What Similar Technologies Do We Use?

  • Pixel tags, web beacons and clear graphics interchange formats (“GIF”) are tiny files used to monitor navigation on a website and may be used with cookies. These may be used to track the actions of Users (including email recipients), measure the effectiveness of our marketing campaigns and compile statistics about usage and response
  • Flash Local Shared Objects (“Flash LSOs”) are small files stored on your device by a website using Adobe’s Flash player technology. We use Flash LSOs and other technologies to, among other things, collect and store information about your use of our Website. Third parties with whom we partner to provide certain features on our Website or to display advertising based upon your web browsing activity also use Flash LSOs to collect and store information.
  • Analytics Software: We and our third party tracking-utility partners may gather certain information automatically and store it for analytical purposes. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use third party partners such as Google Analytics, which uses cookies and other, similar technologies to collect and analyse information about use of our Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources.
  • Physical Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower, or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collected, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
  • Third Party Advertising Networks:
    • We may partner with third party data or ad networks and other service providers to show you relevant ads (whether for our Services, or those of other companies), including ads displayed on our Services and on other companies’ websites or apps, on any of your devices.
    • We and our service providers may place or recognize a unique cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect, to recognize you across the devices you use, such as a mobile device and a laptop or other computer. These ad networks and their customers may also use any of this information to measure ad performance, understand their (or our) audience, or otherwise improve and enhance their marketing.
    • If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit https://www.networkadvertising.org/choices/%2520 and https://www.aboutads.info. You may download the AppChoices app at https:// https://youradchoices.com/ to opt out in mobile apps.

 

How Can Users Manage Cookies and Similar Technologies? We will use cookies and similar technologies where you have opted in and applicable law requires opt in. You have a number of options to control or limit how we and our service providers use cookies:

 

Updates and Contact Us: From time to time, we may update this Cookie Policy. The “Last Updated” legend at the top of the Cookie Policy indicates when it was last updated. Any changes in this Cookie Policy will become effective when we make the revised Cookie Policy available on or through our websites. Your use of the Services following these changes means that you accept the revised Cookie Policy.

If you have any concerns regarding our Cookie Policy, please email us at legal@ohmyclass.org, or send postal mail to us at Mochy Kid Limited, Unit 908-915, L9, Core F, Cyberport 3, No.100 Cyberport Road, Hong Kong.