Privacy Policy

Blue Sky eLearn Privacy Policy

Last updated: August 21, 2024

This Privacy Notice outlines Blue Sky eLearn’s policies and practices regarding the collection and use of your personal data, as well as describes your privacy rights. This Privacy Notice covers the following websites as applicable:

• www.blueskyelearn.com – Refers to Blue Sky eLearn’s Corporate Website (herein “Website”)
• www.pathlms.com – Refers to Blue Sky eLearn’s Learning Management System designed for organizations looking to deliver learning and virtual event content to a global audience
• secure.blueskybroadcast.com – Refers to Blue Sky eLearn’s Clinical Trial Training Platform (herein “Platform”)

Index

1. ‍Definitions
2. Data Privacy Framework‍
3. Legal Basis for Processing‍
4. Individuals Who Visit Our Corporate Websites‍
5. Individuals Who Use Our Applications (Customer Data)‍
6. Data Retention‍
7. Opt-Out‍
8. Breach Notification
9. Third Parties
10. Third-Party Links
11. Rights of California Residents
12. Rights Under General Data Protection Regulation
13. International Data Transfers
14. Accessibility
15. Cookie Policy
16. General Rights
17. Dispute Resolution
18. Sensitive Data
19. Regulatory
20. Data Integrity & Security
21. Policy Updates
22. Contact Information

Definitions

“Data Subjects” refers to individuals whose personal data is processed or controlled by an entity or organization. These individuals have rights, as granted by applicable laws and regulations, including the right to access, correct, restrict, or erase their personal data. Upon receiving a valid request from a data subject, the responsible entity or organization takes appropriate steps to comply with the request in a timely manner, while considering any legal, regulatory, or contractual obligations.

Data Privacy Framework

Blue Sky eLearn, LLC complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  Blue Sky eLearn, LLC has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  Blue Sky eLearn, LLC has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  

To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/

Legal Basis for Processing

Blue Sky eLearn processes personal data in compliance with applicable data protection laws and regulations, as outlined in the Data Protection Agreement (DPA) between the data controller and the data processor. The legal basis for processing personal data, as specified in the DPA and aligned with the privacy policy, are as follows:

• Consent: In certain situations, we rely on the explicit consent of the individual as the legal basis for processing their personal data. For example, when an individual voluntarily provides their personal information to receive marketing communications or participate in a survey, we will obtain their consent before processing their data. Consent may be withdrawn at any time, subject to applicable legal restrictions, as outlined in the DPA.
• Contractual Necessity: We process personal data when it is necessary to fulfill our contractual obligations with our customers or end users, as outlined in the DPA. This includes providing eLearning services, maintaining user accounts, delivering customer support, and fulfilling other services as agreed upon in our contractual agreements.
• Legitimate Interests: We process personal data based on our legitimate business interests, ensuring that these interests do not infringe upon the rights and freedoms of the individual, as set forth in the DPA. Our legitimate interests include improving and securing our services, maintaining system integrity, conducting market research, and enhancing the user experience. We carefully balance our legitimate interests with the protection of individual privacy, ensuring compliance with applicable data protection laws and respecting user rights and expectations.
• Legal Compliance: We process personal data when required by applicable laws and regulations, or in response to lawful requests from public authorities, as stated in the DPA. This may include fulfilling our data protection obligations, responding to subpoenas or court orders, cooperating with law enforcement agencies, or exercising and defending our legal rights.

We diligently consider and document our legal basis for processing personal data, ensuring that our processing activities align with applicable data protection laws, regulations, and the provisions specified in the DPA. We prioritize the protection of individual rights and freedoms while fulfilling our obligations and pursuing our legitimate business interests.

Individuals Who Visit Our Corporate Websites

By visiting our Websites or otherwise providing us with your personal information, you consent to the collection, processing, and storage of your personal information as described in this Privacy Policy.

Web Site Visitors Data Collection

Some areas of the site may collect contact information, such as your name, email address or information related to the organization for which you work.

The website collects the following information automatically:

• IP (internet protocol) address of the device which accesses the Platform
• Information collected through cookies and similar technology as described in Blue Sky eLearn’s Cookie Policy

Web Site Visitors Data Use

Blue Sky eLearn uses your personal information for the purposes for which you voluntarily provided it to us. For example, inquiries into a particular product or service, we will use your data to provide you with the requested information or service. We also may collect data concerning your use of this website, such as where you visited from, pages visited, or links clicked. This data is collected for analytics purposes.

Individuals Who Use Our Applications (Customer Data)

Blue Sky eLearn receives minimal business information from our customers or voluntarily from end users for business use only:

• To operate and maintain each Blue Sky eLearn account
• To provide access to, and use of, the Blue Sky eLearn platform.

Customer Data Collection

Blue Sky eLearn either collects data from our customers or it is voluntarily submitted by end users. Data collected is limited to the minimal business information required to utilize our training platform and communications tools to provide a service. Personally identifiable information includes Name, Email Address, Phone, and other pertinent information used for training assignments.

The Platform collects the following information automatically:

• IP (internet protocol) address of the device which accesses the Platform
• Information collected through cookies and similar technology as described in Blue Sky eLearn’s Cookie Policy
• Opens/clicks of email messages sent by Blue Sky eLearn

Blue Sky eLearn takes reasonable steps to ensure that personal data is reliable for its intended use, accurate, complete, and current.

We may also learn information about you as part of your use of social media on our site. For example, we may have a “like” or “tweet” or similar button that includes a link to our social page to help you generate a social media posting by you on Facebook, LinkedIn, Twitter or other platform that highlights or points back to the content on our site that you liked, tweeted, etc. If you use the social media features on our website we will capture data regarding your organizational affiliations or workplace, professional role and professional social network.

We publish sites on social media services, such as LinkedIn, Facebook, Instagram, Google MyBusiness and Twitter.  If you interact with our site or posts we will capture the information you volunteer about yourself as well as information available to social media users generally.

You should review the privacy policies of the social media providers as well since your visit to their platform by means of our social media button may allow them to collect information about your activity on our site.

Depending on the circumstances, examples of compatible processing purposes may include those that reasonably serve customer relations, compliance and legal consideration, auditing, security, fraud prevention, preserving or defending the organization’s legal rights or other purposes consistent with the expectations of a reasonable person given the context of the collection.

Customer Data Use

Blue Sky eLearn uses data received from customers and collected from customers in connection with eLearning services for:

• Operating and maintaining Blue Sky eLearn user accounts
• Interaction with email messages
• Determination of personalization of training curricula
• Identification verification for:
  Training received
  Certification
  Inquiry / comment responses

Blue Sky eLearn does not use data collected for purposes that are materially different from the purposes for which it was originally collected or subsequently authorized by the individuals.

Children’s Data‍

Blue Sky eLearn does not knowingly collect, store, or process personal data from individuals under the age of 18. If we become aware that we have collected personal data from a child under the age of 18, we will take steps to delete that information as quickly as possible.

Data Retention

Blue Sky eLearn is committed to retaining personal data only for as long as it is necessary to fulfill the purposes for which the data was collected, in accordance with applicable legal, regulatory, and contractual obligations. Our data retention practices adhere to the following principles:

• Purpose Limitation: We retain personal data only for the specific purposes for which it was collected or subsequently authorized by the individual. We do not keep personal data for an indefinite period or use it for purposes that are incompatible with the original purposes of collection.
• Retention Periods: We establish and adhere to retention periods for different categories of personal data based on the nature of the data, the purposes for which it is used, and our legal and regulatory obligations. We regularly review these retention periods to ensure they remain appropriate and up-to-date.
• Deletion and Anonymization: When personal data is no longer needed for its original purpose or any authorized secondary purpose, we take appropriate measures to securely delete or anonymize the data. Deleted data is removed from our systems in a manner that prevents unauthorized access or accidental recovery. Anonymized data is irreversibly stripped of all personally identifiable information and may be retained for statistical or research purposes.
• Archiving and Backups: We maintain secure backups of personal data to prevent data loss due to system failures, human error, or security breaches. Please note that we do not have the capability to modify or remove individual data entries from our backups. As such, backups retain the data as is from the time of the backup until they are eventually removed in accordance with our retention policies. The removal of backups is subject to our established data retention and deletion procedures.
• Data Subject Rights: We respect the rights of Data Subjects to access, correct, restrict, or erase their personal data as required by applicable laws and regulations. Upon receiving a valid request from a Data Subject, we take appropriate steps to comply with the request in a timely manner, subject to any applicable legal, regulatory, or contractual obligations.

By implementing these data retention principles, Blue Sky eLearn ensures that personal data is managed responsibly, securely, and in line with the privacy expectations of our users and the requirements of applicable data protection laws.

Blue Sky eLearn adheres to the DPF Principles for all personal data received from the EU, United Kingdom, and Switzerland in reliance on the DPF.

Opt-Out

Blue Sky eLearn is committed to providing individuals with choices and control over their personal data. We offer various opt-out mechanisms and data access options to help users manage their personal information effectively. Our opt-out and data access procedures are designed to be user-friendly, transparent, and in line with the requirements of applicable data protection laws. The following options are available to users:

• Profile Management: Individuals may access, update, or delete their profile data on Blue Sky eLearn Applications by logging into their profile using their assigned unique ID and password. Users are encouraged to keep their profile information up-to-date to ensure that they receive accurate and relevant information from Blue Sky eLearn.
• Email Communications: Users may opt-out of receiving marketing and promotional emails from Blue Sky eLearn by following the "unsubscribe" instructions included in each email. Please note that opting out of marketing communications does not affect transactional or service-related emails which may still be necessarily sent to provide our services or fulfill contractual obligations.
• Cookie Preferences: Users may manage their cookie preferences and opt-out of non-essential cookies by visiting Blue Sky eLearn's Cookie Policy at https://www.blueskyelearn.com/cookie-policy. Adjusting cookie settings may affect the functionality and user experience of our website and applications.

To submit a data subject request or for further assistance with opt-out choices and data access options, please contact our Privacy team at privacy@blueskyelearn.com.

Breach Notification

In the event of a personal data breach, Blue Sky eLearn, as the data controller, will promptly assess the nature and scope of the breach in accordance with the Data Protection Agreement (DPA). We will work in conjunction with the data processor to take immediate and necessary steps to contain and mitigate the impact of the breach, as specified in the DPA.

If the breach poses a significant risk to the rights and freedoms of individuals, we will fulfill our obligations under the DPA and promptly notify the affected individuals and relevant supervisory authorities, as required by applicable laws and regulations. The notification will include, to the extent known or reasonably ascertainable, the relevant details of the breach, its potential consequences, and the measures taken or proposed to betaken to address the breach.

Blue Sky eLearn will collaborate closely with the data processor, as outlined in the DPA, to provide any necessary cooperation and assistance to the affected individuals and supervisory authorities, enabling them to comply with their respective obligations under the General Data Protection Regulation (GDPR) or other applicable data protection laws.

Our breach notification process, as set forth in the DPA, ensures transparency, accountability, and compliance with data protection requirements. We maintain appropriate records of all personal data breaches, including the facts surrounding the breach, its effects, and the remedial actions taken, as required by the DPA and applicable regulations.

Please note that the breach notification provisions specified in the DPA take precedence in the event of any inconsistency or conflict between this privacy policy and the DPA.

Third Parties

Blue Sky eLearn does not disclose personal information to third parties for purposes that are materially different than what it was originally collected for. Blue Sky may provide personal data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. Third Parties agree to provide adequate protections for the personal data that are no less protective than those set out in this Policy.

Onward Transfer Liability‍

Blue Sky eLearn remains liable for onward transfers of personal data to third parties acting as our agents unless otherwise agreed with the data exporter. Blue Sky eLearn is responsible for the processing of personal data we receive and subsequently transfer to a third party acting as an agent on our behalf. Blue Sky eLearn does not currently transfer personal data received under the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, or the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) to any third parties acting as processors or controllers.

However, if Blue Sky eLearn does transfer such personal data to third parties in the future, we shall remain liable under the DPF Principles if the third party processes the data in a manner inconsistent with the DPF Principles, unless Blue Sky eLearn proves it is not responsible for the event giving rise to the damage.

Third-Party Links

Blue Sky eLearn recognizes the importance of user privacy and security when interacting with third-party websites or content. Our Privacy Policy extends only to our own websites, applications, and services. This Third-Party Links and External Content provision aims to inform users about the potential risks and considerations when accessing external resources linked to or displayed on our platform.

• Links to Third-Party Websites: Our website and applications may contain links to third-party websites or services that are not owned or operated by Blue Sky eLearn. These links are provided for informational purposes or as a convenience to our users. When users click on a third-party link, they will be directed to the third party's website or service, which may have its own privacy policies, terms of use, and data collection practices. We encourage users to review the privacy policies of any third-party websites or services they visit to understand how their personal information may be collected, used, or shared by those parties.
• Embedded Content: Our website and applications may also feature embedded content, such as videos, images, articles, or widgets from third-party sources. This content may behave in the same way as if the user visited the third-party website directly. These third-party sources may collect user data, use cookies, embed additional tracking technology, or monitor user interactions with the embedded content, including tracking user behavior across different websites and services.
• Disclaimer: Blue Sky eLearn has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. By accessing or using such external resources, users acknowledge and agree that Blue Sky eLearn shall not be held liable for any loss or damage, direct or indirect, resulting from their reliance on any such content, goods, or services available on or through any such third-party websites or services.
• Reporting Concerns: If users encounter any third-party links or content on our platform that they believe may violate applicable laws, infringe on intellectual property rights, or otherwise pose a risk to user privacy and security, they are encouraged to report their concerns to Blue Sky eLearn at privacy@blueskyelearn.com. We will promptly investigate and take appropriate action in response to any legitimate concerns raised.

Rights of California Residents

Under the California Consumer Privacy Act (CCPA), as amended, California residents are granted specific rights regarding their personal information. Blue Sky eLearn is committed to upholding these rights and ensuring transparency in our data handling practices. This Rights of California Residents provision outlines the rights granted to California residents and the steps required to exercise those rights.

• Right to Know: California residents have the right to request information about the categories of personal information we collect, the purposes for which we use it, and the categories of third parties with whom we share it. To submit a request, residents may email us at privacy@blueskyelearn.com or complete the Data Subject Request Form available on our website.
• Right to Access: California residents have the right to request access to the specific pieces of personal information we have collected about them. To submit an access request, residents may email us at privacy@blueskyelearn.com or complete the Data Subject Request Form available on our website.
• Right to Delete: California residents have the right to request the deletion of their personal information from third party vendors, service providers, or contractors, subject to certain exceptions as prescribed by law. To submit a deletion request, residents may email us at privacy@blueskyelearn.com or complete the Data Subject Request Form available on our website.
• Right to Opt-Out: California residents have the right to opt-out of the sale and sharing of their personal information with third parties, if applicable. Blue Sky eLearn does not sell personal information; therefore, no action is necessary to exercise this right.
• Right to Non-Discrimination: Blue Sky eLearn will not discriminate against California residents for exercising any of their CCPA rights, including but not limited to, denying goods or services, charging different prices, or providing a different level of quality of services.
• Right to Restrict Use of Sensitive Personal Information:  California residents may request to limit the use and disclosure of their sensitive personal information for specific secondary purposes, including disclosure to third parties.
• Right to Correction: California residents may request the correction of their personal information held by Blue Sky eLearn.
• Right to Access Information about Automated Decision Making: California residents have the right to request information about automated decision-making processes based on their personal information. Data subjects may also request a description of the likely outcomes that will result from these processes.
• Authorized Agent: California residents may designate an authorized agent to make any of the requests mentioned above on their behalf. To do so, residents must provide the authorized agent with written permission and verify their identity with us. Additionally, the authorized agent must provide proof of their authorization to act on the resident's behalf.
• Response Time: Upon receipt of a verifiable consumer request, Blue Sky eLearn will respond to the request within 45 days. If additional time is required to process the request, Blue Sky eLearn will inform the resident of the reason for the extension and the expected response time, which will not exceed an additional 45 days.

Other Rights Under the CCPA:

Blue Sky eLearn is committed to ensuring the privacy and protection of your personal information. As part of our expanded notification requirements, we want to inform you about the data retention practices and the collection of specific categories of sensitive personal information (SPI). Please read the following provisions carefully:

1. Data Retention Information at Notification at Point of Collection: At or before the point of data collection, we will notify customers, employees, job applicants, and other workers about the retention periods for the personal data collected. Blue Sky eLearn will retain your personal information only for as long as it is reasonably necessary to fulfill the business or commercial purpose for which it was collected.
2. SPI Collection Notifications: In accordance with the California Privacy Rights Act (CPRA), we will provide notifications to consumers about the categories of SPI being collected, the purpose of the collection, and the duration for which the SPI will be stored in our databases. These notifications will be provided before or at the point of collection of the SPI.

We value transparency and aim to keep you informed about the collection and retention of your personal information. If you have any questions or concerns regarding our data retention practices or the collection of SPI, please contact our Privacy Team using the contact details provided in our Privacy Policy.

Rights Under General Data Protection Regulation

At Blue Sky eLearn, we are committed to upholding the highest standards of privacy and security for our global customers and end users. As part of this commitment, we diligently adhere to the European Union's General Data Protection Regulation (GDPR) to ensure the protection and proper handling of our customers' and end users' personal data. As a GDPR-compliant organization, we have implemented the necessary tools and processes to support our clients who are required to follow the regulation, enabling them to fulfill their respective responsibilities under the GDPR.

Data Security

We prioritize the privacy and security of our customers' and end users' personal data, maintaining robust technical and organizational security measures to safeguard the information entrusted to us. Our state-of-the-art platforms are hosted on secure cloud hosting providers that are SOC 1 & 2, SSAE 18/ISAE 3402, ISO 27001, and PCI Level 1 compliant. These advanced hosting providers adhere to the latest industry standards to guarantee the highest level of data protection.

Our multi-layered security approach includes implementing active perimeter security measures and working with reputable third-party organizations to conduct vulnerability scans and assessments, ensuring that potential risks are effectively mitigated. We continuously review and update our security policies and practices to ensure alignment with evolving industry best practices and regulatory requirements. Additionally, we provide ongoing training to our personnel to guarantee awareness of, and compliance with, our stringent data security measures.

To learn more about our cyber security efforts, please review our Trust and Security page.

Data Processing Addendum (DPA)

In accordance with the GDPR requirements, Blue Sky eLearn is pleased to offer our customers a comprehensive and GDPR-compliant Data Processing Addendum (DPA). Our DPA is designed to provide clear instructions and assurances about the handling and processing of personal data, ensuring transparency and compliance with the GDPR guidelines.

Key elements of our GDPR-compliant Data Processing Addendum include:

• Blue Sky eLearn's GDPR Data Processing Agreement: This agreement outlines our commitment to processing personal data in accordance with GDPR requirements and best practices to guarantee data protection.
• EU Standard Contractual Clauses: Our DPA incorporates the EU Standard Contractual Clauses, which serve as a legal mechanism to ensure the secure transfer of personal data outside the European Economic Area.
• Details of Processing: The DPA provides an in-depth description of the data processing activities we undertake, including the purpose, nature, and duration of processing, as well as the types of personal data and categories of data subjects involved.
• Authorized Sub-processors: Our DPA contains a list of authorized sub-processors that we engage with to provide our services. We ensure that these sub-processors adhere to GDPR requirements and maintain the highest standards of data protection.

To view our Data Processing Addendum, please click here.  If you have any questions or concerns, please don't hesitate to reach out to our dedicated privacy team.

Sub-Processors

In the course of providing our services, Blue Sky eLearn engages various sub-processors to access and process personal data on our behalf. These sub-processors have been carefully selected to ensure that they maintain the highest standards of data privacy and security. A current list of our sub-processors, along with their respective countries, sub-processor activities, and products or services involved, can be found on our Sub-Processors page here.

Individual Rights Under GDPR

In accordance with the EU General Data Protection Regulation (GDPR), Blue Sky eLearn is dedicated to protecting and upholding the individual rights of our users. These rights include:

• Right to be informed: Users have the right to be informed about the collection, processing, and use of their personal data, including the purposes and legal basis for such activities, and the parties involved in the processing. We are committed to providing clear and transparent information about our data processing activities in our Privacy Policy and other relevant communications.
• Right to access: Users have the right to access their personal data stored on Blue Sky eLearn platforms. They can do so by logging into their profile using their unique ID and password, or by submitting a request through our Data Subject Request Form. Upon receipt of a request, we will provide users with the necessary information in a concise, transparent, and easily understandable format.
• Right to rectification: Users have the right to request that any inaccurate or incomplete personal data be corrected or completed. To exercise this right, users can contact us directly using our Data Subject Request Form, providing the necessary details for rectification.
• Right to erasure ('right to be forgotten'): Users have the right to request the deletion of their personal data, provided that certain conditions are met, such as the data no longer being necessary for the purposes for which it was collected. To exercise this right, users may submit a request through our Data Subject Request Form.
• Right to restrict processing: Users have the right to request that the processing of their personal data be restricted in specific situations, such as when they contest the accuracy of the data or object to its processing. To exercise this right, users may contact us directly using our Data Subject Request Form.
• Right to data portability: Users have the right to receive their personal data in a structured, commonly used, and machine-readable format and transmit that data to another controller. To exercise this right, users may submit a request through our Data Subject Request Form.
• Right to object: Users have the right to object to the processing of their personal data for direct marketing purposes or when the processing is based on legitimate interests. To exercise this right, users may contact us directly using our Data Subject Request Form.

Rights related to automated decision-making and profiling: Users have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning them or similarly significantly affects them. Blue Sky eLearn does not engage in automated decision-making that would result in such consequences.

International Data Transfers

Blue Sky eLearn acknowledges the importance of ensuring the lawful and secure transfer of personal data across international borders. This International Data Transfers provision outlines our approach to safeguarding personal information when transferred outside its originating country, in compliance with applicable data protection laws and regulations.

• Data Transfer Agreements: In cases where personal data is transferred to countries without an adequacy decision from the European Commission, we implement appropriate safeguards, such as the use of Standard Contractual Clauses approved by the European Commission or other mechanisms, to ensure the lawful and secure transfer of personal data.
• Transfer for Legal Purposes: Blue Sky eLearn may disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or when required by applicable laws, court orders, or government regulations.

By using our services or providing your personal information to us, you consent to the transfer, storage, and processing of your personal information as outlined in this Privacy Policy. For any questions or concerns regarding international data transfers, please contact us at privacy@blueskyelearn.com.

Accessibility

Blue Sky eLearn is committed to providing an inclusive and accessible learning experience for all users, ensuring that our products and services cater to a wide range of needs and abilities. In line with this commitment, our platforms are designed and developed in accordance with internationally recognized accessibility standards, including Section 508 and the Web Content Accessibility Guidelines (WCAG) 2.0 AA.

Our Accessibility Compliance provisions include the following:

• Compliance with Section 508: We adhere to the Section 508 standards established by the U.S. federal government, which mandate that electronic and information technology developed, procured, maintained, or used by federal agencies must be accessible to individuals with disabilities.
• Compliance with WCAG 2.0 AA: Our products and services are designed to meet the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA, which provide recommendations for making web content more accessible to individuals with disabilities, including those with visual, auditory, cognitive, and motor impairments.
• Ongoing evaluation and improvement: We continually monitor and evaluate the accessibility of our platforms, working to identify and address any potential barriers to accessibility. Our goal is to ensure that our products remain up-to-date with the latest accessibility standards and best practices.
• Voluntary Product Accessibility Template (VPAT) report: A VPAT report, which details our compliance with Section 508 and WCAG 2.0 AA standards, is available upon request.

• Accessibility support and resources: We provide our customers with dedicated support and resources to help them understand and implement accessibility features in our products, ensuring a smooth and seamless user experience for individuals with diverse needs.

Please see our Trust and Security page to request a copy of our VPAT.

If you have any questions, concerns, or suggestions regarding our Accessibility Compliance, please feel free to contact us.

Cookie Policy

This Privacy Policy provides information about our use of cookies across our websites including our main webpage (www.blueskyelearn.com) and our main product's webpage (www.pathlms.com). Cookies are small files that are sent to your web browser when you visit a website. They serve a range of purposes, including authenticating users, enabling efficient navigation, storing user preferences, and enhancing the overall user experience on our site.  Cookies on the Blue Sky eLearn websites do lots of different jobs, like authenticate you when visiting the websites, letting you navigate between pages efficiently, storing your preferences, storing your settings and preferences of video playback functionality, and generally improving your experience on the site.

The Blue Sky eLearn websites can also use some non-essential cookies. We do not do this to track individual users or to identify them, but to gain useful knowledge about how the sites and their content are used so that we can keep improving them for our users. Without the knowledge we gain from the systems that use these cookies, we would not be able to provide the service we do.

Blue Sky likes to understand how visitors use our websites by using web analytics services. They count the number of visitors and tell us things about the visitors’ behavior overall – such as the typical length of stay on the site, the average number of pages a user views, what media content a user consumes on the site, and similar behavior and viewing patterns. Information collected through these cookies are not used to identify users, thus no personal information is collected and data is used as aggregated information only so that an individual user may not be identified.

Types of Cookies

Types of Cookies We Utilize:

• Essential cookies: These cookies are crucial for you to navigate our websites and use our features, such as accessing secure areas and providing services you have requested. Opting out of these cookies is not available if you want to continue using our services.
• Performance cookies: These cookies gather anonymous data on how you use our websites, including the pages you visit most often and any error messages you may encounter. The collected data is used to enhance our websites' performance. To opt out of these cookies, please follow the instructions provided under "How to manage cookies."
• Functionality cookies: These cookies remember choices you make, like your username, language, and region, offering enhanced, more personalized features. To opt out of these cookies, follow the instructions under "Managing Cookies."
• Targeting and advertising cookies (used solely on our corporate website): These cookies, web beacons, and similar technologies help us track your activity as you visit our websites, allowing us to send targeted emails and ads based on your interests. Once you log into your account or provide your contact information, the data gathered by these cookies is linked to your provided contact information. To opt out of these cookies, follow the instructions under "Managing Cookies."

Managing Cookies

Controlling and managing cookies is crucial to maintaining your online privacy. Removing or blocking cookies may have an impact on your user experience, and some parts of our websites may not function correctly or be fully accessible. By default, most web browsers automatically accept cookies. However, you can modify your browser settings to block, manage, or filter cookies. These settings are often found in your browser's "Tools" or "Preferences" menu. For more information on how to adjust your browser settings, visit www.allaboutcookies.org or consult your browser's help file.

You can also opt out of customized ads and targeted marketing by visiting the Ads Preference Manager. If you want to opt out of Google Analytics data collection, you can use the Google Analytics Opt-out Browser Add-on.

Please note that managing cookies is a personal responsibility, and it is up to you to determine the right balance between privacy and functionality based on your unique needs and preferences. Remember to periodically review your cookie settings and adjust them as necessary to maintain your desired level of privacy and control.

For a more detailed explanation of how to manage cookies on different browsers and devices, as well as information on additional third-party tools and resources, visit www.allaboutcookies.org. By staying informed and taking an active role in managing cookies, you can enhance your online privacy and maintain control over your online experience.

If you have any questions or need further assistance with managing cookies or other tracking technologies, please feel free to contact us at privacy@blueskyelearn.com.

Consent to Cookies and Cookie Banners

Blue Sky eLearn employs two different cookie banners on our main websites to ensure transparency and obtain user consent for the use of cookies:

• Blue Sky eLearn Corporate Website (www.blueskyelearn.com): On this website, our cookie banner allows users to accept or deny the use of non-essential cookies. However, it does not provide an option for users to customize their cookie preferences. By clicking "Accept" or continuing to use the website, users consent to the use of cookies in accordance with our Privacy Policy.
• Path LMS Product Website (www.pathlms.com) and whitelabeled domains: On this website, our cookie banner provides notice and acknowledgement of our use of cookies. It also includes a link to our Privacy Policy, which contains information on how to disable cookies in your browser settings. By using the website, users acknowledge and consent to the use of cookies as described in our Privacy Policy.

Please note that essential cookies, which are necessary for the proper functioning of our websites, cannot be disabled, as they are required for providing the services you have requested.

Updates to the Cookie Policy

We may periodically update this Cookie Policy to reflect changes in our cookie usage or for other operational, legal, or regulatory reasons. We encourage you to revisit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

As part of our ongoing commitment to data privacy and security, we are closely monitoring the evolving landscape surrounding third-party cookies and their usage. Some jurisdictions and major web browsers are phasing out support for third-party cookies due to growing privacy concerns. In response, we continuously adapt our practices to ensure compliance with applicable regulations and browser policies.

We are proactively exploring and implementing alternative tracking and advertising technologies that prioritize user privacy and provide more control over personal information. In the event of significant changes to the regulatory environment or industry standards, we will update our privacy policy and practices accordingly to maintain our commitment to safeguarding our users' privacy.

General Rights

Individuals have a right to access their personal data. Individuals may access their profile data on Blue Sky eLearn Applications by logging into their profile utilizing their assigned unique ID and password. All individuals may also contact us directly to access their data by emailing privacy@blueskyelearn.com.

Individuals may email Blue Sky eLearn with questions / comments regarding information correction, amendment, deletion, and limiting use and disclosure at: privacy@blueskyelearn.com.

Dispute Resolution

In compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), Blue Sky eLearn commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU, UK, and Swiss individuals  with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) should first contact Blue Sky eLearn at:
Blue Sky eLearn
5405 Morehouse Drive, Suite 340
San Diego, CA 92121

Or by email: privacy@blueskyelearn.com

In compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), Blue Sky eLearn commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) to the JAMS DPF Program, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS DPF Program are provided at no cost to you.

Binding Arbitration‍

Under certain conditions, EU, UK, and Swiss individuals have the possibility to invoke binding arbitration to address complaints regarding Blue Sky eLearn's compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF). This arbitration option is available for complaints not resolved by other DPF mechanisms. For additional information on when and how binding arbitration can be invoked, please see Annex I of the EU-U.S. DPF Principles (https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction) or Annex I of the Swiss-U.S. DPF Principles (https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction%E2%80%93SWISS).

Sensitive Data

Blue Sky eLearn does not collect Sensitive Data from its customers.

Regulatory

Blue Sky eLearn is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) and other authorized U.S. statutory bodies.

Blue Sky eLearn may disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Data Integrity & Security

Blue Sky eLearn uses reasonable efforts to maintain the accuracy of personally identifiable information and to keep it updated as required. Blue Sky eLearn has implemented physical and technical measures to protect customer data from misuse, loss, and unauthorized access.

In addition, Blue Sky eLearn uses secure encryption technology to protect certain categories of personal data. Even with these precautions, no data security safeguards guarantee 100% security all the time.

To learn more about our cyber security efforts, please review our Trust and Security page.

Policy Updates

Blue Sky eLearn may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our corporate website and applications along with the updated Privacy Policy.

Contact Information

Questions or comments regarding this Policy should be submitted to Blue Sky eLearn by mail to:

Blue Sky eLearn
5405 Morehouse Drive Suite 340
San Diego, CA 92121

Or by email: privacy@blueskyelearn.com