Privacy Notice


Last Updated: 5/25/2018

Overview

This Privacy Notice explains how information is collected, used, stored, and disclosed by Magoosh. It applies to information collected when you use or access our public websites (Magoosh.com), mobile apps and software product (“Product”) (collectively, the "Magoosh Service"), or otherwise interact with us.

If you use the Magoosh Service as part of an entity or organisation that has an agreement with Magoosh (like your school), the terms of that organisation’s contract for the Magoosh Service prevail for any conflicting or inconsistent provisions.

Please read the following carefully to understand how we will collect, use, and maintain your personal information. It also describes your rights regarding the correction and removal of your personal information.

Changing Our Notice

We may change this Privacy Notice from time to time. If we make any changes, we will notify you by revising the "Last Updated" date at the top of this Privacy Notice and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification).

If there are material changes to this Privacy Notice, we will notify you directly by email or by means of a notice on the homepage prior to the change becoming effective. We encourage you to review our Privacy Notice whenever you access the Magoosh Service to stay informed about our information practices and the ways that you can help protect your privacy.

If you disagree with any changes to this Privacy Notice and do not wish your information to be subject to the revised Privacy Notice, you will need to deactivate your account with us by contacting help@magoosh.com and stop using the Magoosh Service. Your use of the Magoosh Service shall constitute your consent to the present Privacy Notice.

What Information We Collect

We may collect certain user information, including personal data, after obtaining your consent or through contractual provisions governing our relationship with you.

Information You Provide To Us. We collect information you provide directly to us including when you use the Magoosh Service. This information includes personal data.

  • We collect information, including personal data, from you after obtaining your consent and/or when you enter into an agreement with Magoosh for a Product account in order to perform our contractual obligations in providing the Magoosh Service.
  • This includes personal data required to create or modify your profile and account, access and use the Magoosh Service (including but not limited to when you watch lessons, answer practice questions, or use a mobile app), participate in any interactive features of the Magoosh Service, submit a contact or consent form, participate in a survey, or request customer support.
  • The personal data that we may collect directly from you include your name, username, email address, phone number, information about your Product account preferences, transactional information (including services purchased or subscribed to and amount paid), as well as any contact or other information you choose to provide.
  • If you are a member of a social media network, like Facebook, you may choose to use your social credentials to create and log into your Magoosh account. That may enable them and us to link your activities with your personal registration information at their site, including name, email address, and profile image. The social network may (with your permission) notify your friends or connections about your activities in our Services and use tracking technologies to monitor your online activities to serve targeted ads. The social media networks' privacy policy and terms apply to your use of their platforms. Your browser or device may allow you to block these technologies but you should visit the third party website and review their privacy policy and your registration profile or account to find out your options.
  • The personal data provided during payment is collected and processed by our payment processor (in most cases, Paypal or Stripe). Magoosh does not save any personal financial information, including credit card number, expiration date, security code, or postal code.
  • This personal data will be processed for the purpose of facilitating the provision of the Magoosh Service to you and engaging with you about our product and offerings.

Information We Collect Automatically When You Use the Magoosh Service.

When you access or use the Magoosh Service, we may automatically collect information, including personal data, about you, including:

  • Usage, Log and Device Information: We collect information from your use of the Magoosh Service, such as number of visits, geo-location data, length of time spent on the site, IP address, pages clicked on, system activity, hardware settings, device type, operating system, browser type, browser language, the date and time of your visit, and the referral URL. We collect information on user activity in connection with the Magoosh Service and may collect information about the features you use, the content you access, and any actions taken in connection with the access and use of the Magoosh Service.
  • Information Collected by Cookies and Other Tracking Technologies: A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognise your browser. Cookies may store user preferences and other information. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. For instance, we use Google Analytics Demographics and Interest Reporting, which includes data from interest-based advertising or third-party audience data (such as age, gender, and interests), for all of the purposes listed above.

    We also use third party vendor remarketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the internet, specifically on the Google Content Network (GCN). As always we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other 3rd party remarketing system.

    The third-party vendors, including Google, whose services we use, will place cookies on web browsers in order to serve ads based on past visits to our website. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to your website. This allows us to make special offers and continue to market our services to those who have shown interest in our service. You can opt out and/or customise your preferences by visiting Google's Ad Settings. For more information about cookies and how to disable them, please see "EU User Rights" below.

    Updating Your Information and Deactivating Your Account. You can update, correct, or modify your account information at any time by logging into your Magoosh Product account. If you need help accessing, modifying, or deactivating your account within the Product, please email help@magoosh.com.

How We Use Information Collected

We use the information collected through the Magoosh Service as part of our processing of personal data in order to facilitate provision of the Magoosh Service and engage with you about our product and offerings. Following your consent, we may use the information that we collect:

  • To provide, operate, maintain, and improve the Magoosh Service;
  • To enable you to access and use the Magoosh Service that you request, including sending you technical notices, updates, alerts, and support and administrative messages;
  • To provide and deliver the services and features you request, process and complete transactions, and send you related information, including purchase confirmations and receipts;
  • To respond to your comments, questions, and requests, and provide customer service and support;
  • To communicate with you about services, features, surveys, newsletters, offers, promotions, events, and provide other news or information about Magoosh and our select partners;
  • To process and deliver survey entries and rewards;
  • To review and analyse trends, usage, and activities in connection with the Magoosh Service and following your consent, for marketing or advertising purposes;
  • To investigate and prevent fraudulent transactions, unauthorised access to the Magoosh Service, and other illegal activities;
  • To personalise and improve the Magoosh Service, and provide content and/or features that match your interests and preferences or otherwise customise your experience on the Magoosh Service; and
  • For other purposes about which we notify you in advance or for which we receive your consent.

Data Retention and Erasure

We will maintain your data for a period of 7 years from the date of your last log in or other study activity. We keep your data for this period of time in order to keep accurate records for tax purposes, as well as to use historical data to improve our products and communicate with our users. After 7 years from your last activity, we will permanently delete all personally identifying information. Other study information may be anonymized and kept at Magoosh’s discretion.

What Information We Share or Disclose to Others

We will not share personal data about you with any third parties except as described in this Privacy Notice, or as defined in an agreement with us in connection with the Magoosh Service (including a Data Processing Addendum, as applicable). Information that may be shared, pursuant to any applicable agreements, includes:

Third-Party Service Providers. We may share your information with third-party service providers who are working on our behalf and require access to your information to carry out that work, such as to process payment or as it relates to a Product feature. These service providers are authorised to use your personal data only as necessary to provide services to Magoosh. Magoosh enters into Data Processing Addendums as required.

Third-Party Analytics Providers. Magoosh makes use of certain third-party analytics providers (“TPAPs”) to, among other things, serve advertisements to Magoosh and our users on third-party websites across such TPAPs’ networks. Magoosh allows TPAPs to track our users’ browsing history on our site using first-party cookies (such as the tools we use to store your site preferences) and third-party cookies (such as the Google Analytics cookie or the DoubleClick cookie). TPAPs may use the information stored by the cookies to, among other things, evaluate your use of a website, prepare reports of website activities for website operators and provide other services associated with website and Internet usage. The information tracked and stored by the cookies enables TPAPs to optimize and serve ads to Magoosh’s users on third-party websites. By using the Site, you agree to the forwarding of data to TPAPs and the processing by such TPAPs of the data collected from you in the manner and for the purposes described above.

To opt out of Google Analytics for Display Advertisers and customized Google Display Network ads, visit the Ads Preferences Manager.

Compliance with Laws. We may disclose your information to a third party: (a) if we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or government request; (b) to enforce our agreements and policies; (c) to protect the security or integrity of the Magoosh Service; (d) to protect Magoosh, our customers, or the public from harm or illegal activities; (e) to respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or (f) as otherwise directed by you.

Business Transfers. We may share or transfer your 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. Your personal data may be part of the transferred assets. Data processing for this purpose is a legitimate business interest. You may be notified thereafter of any such change in ownership or control.

Aggregated and/or Anonymised Data. We may also share aggregated and/or anonymised information with third parties that does not directly identify you. For example, in an ongoing effort to better understand and serve the users of the Magoosh Service, we may conduct research on customer demographics, interests and behavior based on the personal information, interviews, and other data provided to us. This research may be compiled and analysed on an aggregate basis, and we may share this aggregated data with our agents and business partners. This aggregated information does not identify you personally. We may also disclose aggregated user statistics in order to describe the Magoosh Service to current and prospective business partners, and to other third parties for other lawful purposes.

Links To Third-Party Websites

We may place links on the Magoosh Service, including the Magoosh Blog. When you click on a link from our website to a third-party website, your activity and use is governed by that website’s policies; not by those of Magoosh. We encourage you to review their privacy and user policies.

How We Store Information

By using and accessing the Magoosh Service, you understand and agree to the storage of information and any other personal data in the region of which data and information is stored on Magoosh’s server, or as defined in an agreement with us (including a Data Processing Addendum, as applicable).

How We Secure Information

We have adopted reasonable physical, technical and organisational safeguards against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure, access, use or processing of information we collect.

You may access your Product account information and our Product only through the use of an individual user ID and password. To protect the confidentiality of personal data and information, you must keep your password confidential and not disclose it to any other person. To keep your account secure, always log out and close your browser when you finish your session. Please advise us immediately if you believe your password has been compromised in any way. You may also select the “Log out of all sessions” option on your profile page to close all other browser sessions for your account. . Please note that we will never ask you to disclose your password to us.

If you have any questions about the security of your personal data, you can contact us at help@magoosh.com.

Our Global Data Privacy and Protection Practices

Magoosh updated our internal governance structure in light of the General Data Protection Regulation (“GDPR”), including policies, procedures, staff training, security measures, and this Privacy Notice.

Currently, Magoosh uses Standard Contractual Clauses, under Directive 95/46/EC of the European Parliament and of the Council (“Directive”), as the basis for Magoosh’s approach to global data privacy protection. These Standard Contractual Clauses provide appropriate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and the exercise of the corresponding rights.

EU User Rights

For all requests surrounding your personal data or questions about your rights per this Privacy Notice, please contact us at help@magoosh.com , and we will respond promptly.

Right to Access, Rectification, or Erasure. You have the right to access, update, correct, or delete your personal data. You also have the right to rectify any inaccuracies in your personal data.

Right to Restrict Data Processing. You have the right to restrict the processing of your personal data upon request if it is (a) inaccurate or unlawful, (b) under contest, or (c) no longer being processed for the original purpose. Magoosh may continue to process the data if it is necessary to resolve legal claims, for the protection of the rights of another person, or for reasons of important public interest. If Magoosh objects to the restriction of data processing, we will notify you promptly after receiving your request.

Right to Data Portability. You have the right to request and obtain your personal data that you provided to us or that we collected through your consent or contractual agreements. We will provide your information in a commonly used, machine-readable format promptly, but no longer than 90 days from the initial request depending on the complexity and volume of requests. If circumstances arise where we are unable to complete your request, we will promptly provide a relevant explanation, as well as inform you of additional steps that you may take.

Retaining Your Personal Information and Data. We will retain your personal data to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain your personal information for as long as your Magoosh Product account is active or as needed to provide you with the Magoosh Service, but no longer than the period necessary to fulfill the purposes outlined in this Privacy Notice.

Receiving Promotional and Other Communications. We will obtain your consent before sending you promotional, newsletter or Product information emails that we feel may interest you. We may obtain consent from you through in-person interactions, a website contact or consent form, by phone, or by email. You may opt out by either checking the relevant box on the communication consent form, by following the opt-out instructions provided in our emails to you, or by emailing us with your specific request. If you opt out, we may still send you non-promotional communications, such as security alerts and notices related to your access to or use of the Magoosh Service or those about your Product account or our ongoing business relations.

Disabling Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies or to prompt you before accepting such a cookie. Please note that, if you choose to remove or reject browser cookies, this could affect the availability or functionality of the Magoosh Service. When accessing the Magoosh websites, you will be prompted to choose to continue or learn more about adjusting your browser settings.

Withdrawing Your Consent. You may withdraw any consent you previously provided to us for the processing of your personal data. As required by applicable law, we will apply your preferences going forward, within a reasonable amount of time. Even where you withdraw your consent, we may still process your personal data for limited purposes, for example, to give effect to your request or to safeguard our business. In some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that you cannot use our Product or Magoosh Service.

Lodging a Complaint with a Supervisory Authority. You have the right to submit a complaint to an EU supervisory authority if you believe that your personal data has been processed in a manner that is not compliant with the GDPR. You also have the right to submit a complaint to an EU supervisory authority if Magoosh is unable to comply with your right of data portability or does not respond to your request within a timely manner.

California Residents

Under California law, California residents who have an established business relationship with Magoosh may choose to opt out of Magoosh’s disclosure of personal information about them to third parties for direct marketing purposes. If you choose to opt out at any time after granting approval, email help@magoosh.com. In accordance with California Civil Code Section 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at (916) 445-1254 or (800) 952-5210; or by email to dca@dca.ca.gov.

Our Policy Toward Children

In compliance with COPPA, the Children’s Online Privacy Protection Act, the Magoosh does not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information, please contact us at help@magoosh.com. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information. The vast majority of Magoosh products are not designed for children under the age of 13. When we do create products targeted to children (such as our Alexa spelling app), we do not collect any personal information. Please note, if you are under the age of 13, you may not use any of our websites, products, or services that require account creation or the collection of personal information.

Data Protection Officer

Effective from 25 May 2018, Magoosh will appoint a Data Protection Officer if and when required by GDPR Article 37 and by the Data Protection Laws. The Privacy team, including any appointed Data Protection Officer, may be reached at help@magoosh.com or via the contact information provided below.

Contacting Us

If you have any questions about this Privacy Notice, please contact help@magoosh.com or:

Magoosh

Attn: Peter Poer, Director of Operations

2020 Milvia St. Suite 220

Berkeley, California 94704

help@magoosh.com

(510) 214-0212