PRIVACY NOTICE FOR SKILLSOFT PRODUCTS

Last updated July 8, 2020

1. Important Information & Who We Are

2. The Data We Collect About You

3. How Is Your Personal Data Collected?

4. How We Use Your Personal Data

5. Disclosures of Your Personal Data

6. International Transfers; Privacy Shield

7. Data Security

8. Data Retention

9. Your Rights in Your Personal Data

10. Glossary

Introduction
Skillsoft Corporation is a wholly-owned subsidiary of Skillsoft Limited and is the entity that owns and controls the Skillsoft Product(s) (defined below) you are using. Skillsoft Limited and its subsidiaries and affiliates (“Skillsoft”) respect your privacy and are committed to protecting your personal data.

This privacy notice will inform you about how we look after your personal data:

• when you use the learning programs and services through Percipio (the “Skillsoft Product(s)”) and the online environments that Skillsoft uses to deliver the Skillsoft Product(s) (collectively, the “Sites”);

• visit our Sites (regardless of where you visit them from);

• handle your personal data in connection with the Skillsoft Product(s); and

• tell you about your privacy rights and how the law protects you.

We administer your use of the Skillsoft Product(s) according to the terms of the License Agreement.

IF YOUR ACCESS IS PROVIDED BY YOUR EMPLOYER OR ANOTHER ORGANIZATION ACCORDING TO A BUSINESS-TO-BUSINESS (“B2B”) AGREEMENT WITH SKILLSOFT (EACH A “B2B CUSTOMER”), THIS PRIVACY NOTICE DOES NOT APPLY TO YOU OR YOUR USE OF SKILLSOFT PRODUCT(S).

IT FOLLOWS THAT IF YOUR ACCESS TO, AND USE OF, THE SKILLSOFT PRODUCT(S) IS PROVIDED BY YOUR EMPLOYER OR ANOTHER ORGANIZATION, PLEASE CONTACT THEM WITH YOUR PERSONAL DATA OR PRIVACY QUESTIONS ABOUT THEIR RESPECTIVE PRIVACY POLICIES GOVERNING THE SAME.

References to “Skillsoft,” “we,” or “us” herein refer to Skillsoft Ireland Limited and/or its affiliates, subsidiaries, and designees as deemed appropriate by Skillsoft. Individuals who are authorized to use the Sites either directly or as an authorized user of a Customer or Reseller are referred to herein as “Users” or “you.”

This privacy notice also describes your choices regarding use, access and correction of your personal data. This privacy notice is provided in a layered format so you can click the numbered links (above) to the specific areas of interest (below). Please also use our Glossary at Section 10 for definitions of some of the terms used in this privacy notice.

1. Important Information & Who We Are

This privacy notice aims to give you information on how Skillsoft collects and processes your personal data through your use of the Skillsoft Product(s), including any personal data you may provide through the Skillsoft Product(s) or Sites when you create an account.

The Skillsoft Product(s) are not intended for children and we do not knowingly collect personal data relating to children.

Skillsoft is the entity that is the controller of, and responsible for, the personal data we collect in connection with the Skillsoft Product(s).

We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice or would like to exercise your rights in your personal data, please fill-out our form or contact our DPO using the details set out below.

Contact Details
Please contact us: via e-mail at support@skillsoft.com, by telephone at (866) 754-5435, or by mail to: Skillsoft Corporation, Attn: Legal Department, 300 Innovative Way, Suite 201, Nashua, New Hampshire 03062, U.S.A. with any general questions about the Skillsoft Product(s).

The full contact details of our Data Protection Officer are:

Full name of legal entity: Skillsoft Corporation
Title of DPO: Data Protection Officer
Email address: contactdpo@skillsoft.com

Postal address:
300 Innovative Way, Suite 201,
Nashua, New Hampshire 03062, U.S.A.

Telephone number: 866-754-5435

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Changes to this Privacy Notice and Your Duty to Inform Us of Changes
This version was last updated on July 8, 2020. As you may already be aware, significant changes to the data protection laws in the EU, as well as the UK, went into effect on May 25, 2018, with similar changes having gone into effect for Californians on January 1, 2020.

This privacy notice outlines, or provides mechanisms for exercising, most of your rights under these legal frameworks including timelines for when you should expect to hear back from us.

We may update this privacy notice and its last updated date to reflect changes to our data governance practices. If we propose to make any material changes, we will notify you by means of a notice on this page prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party Links
The Skillsoft Product(s) may include links to third-party websites, code, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave the Skillsoft Product(s), we encourage you to read the privacy notice of every website you visit.

2. The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, last name, username or similar identifier, title, your employer.

• Contact Data includes business address, corporate or personal email address and telephone numbers.

• Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, and versions, operating system and platform and other technology on the device(s) you use to access the Skillsoft Product(s).

• Usage Data includes information about how you use the Skillsoft Product(s).

• Marketing and Profile Data includes your interests and preferences in receiving marketing from us and select third parties, your communication preferences and survey responses.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you. Special Categories of Personal Data include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. Nor do we collect any information about criminal convictions and offences.

3. How Is Your Personal Data Collected?

We use different methods to collect personal data from and about you including through:

Direct interactions. You may share with us some of your Identity and Contact information by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: inquire about our products or services; request marketing to be sent to you; enter a competition, promotion or survey; or give us some feedback.

Automated technologies or interactions. As you interact with the Skillsoft Product(s), we may automatically collect Technical information about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please learn more about the cookies we use and about setting your preferences at the Cookie Preferences at the bottom of this page.

Third parties or publicly available sources. We may receive analytics and advertising data about you from the sources listed below, as well as, other vendors and public sources. Please use the following links for more information about how these third parties collect and use personal data: Google

4. How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending our own or third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by checking or unchecking relevant boxes to adjust your marketing preferences or by following the “Unsubscribe” link in any marketing message sent to you.

Purposes For Which We Will Use Your Personal Data
We have set out below, in a table format, a description of all the ways we may use your personal data, and on which lawful basis, or bases, we rely to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established an Email Preference Center where you can view and make certain decisions about your personal data. If you have any other questions about this privacy notice or would like to exercise your rights in your personal data, please fill-out our form or contact our DPO using the details set out above.

Promotional Offers from Us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased products or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted-out of receiving that marketing.

Third-Party Marketing
We will get your express opt-in consent before we share your personal data with any company outside the Skillsoft family of companies for marketing purposes.

Opting Out
You can ask us or third parties to stop sending you marketing messages at any time by checking or unchecking relevant boxes to adjust your marketing preferences or by following the “Unsubscribe” links on any marketing message sent to you.

Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse all cookies, please note that some parts of the Skillsoft Product(s) may become inaccessible or not function properly. Currently, the Skillsoft Product(s) use the following cookies:

• Third Party Cookies – Google Analytics cookies you can manually suppress these cookies in your browser’s preferences. We use these functional cookies to track usage metrics anonymously and in aggregate to helps us improve the user experience.

• Percipio cookies - These required cookies cannot be suppressed or refused because they are used by the product’s load balancing hardware and the software requires them to function.

Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below for the purposes set out in the table in Section 4 (How We Use Your Personal Data) above.

• Internal Third Parties as set out in the Glossary.

• External Third Parties as set out in the Glossary.

• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

• We may also disclose your personal data as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International Transfers

We share your personal data within the Skillsoft family of companies. This will involve transferring your data outside the European Union, the United Kingdom, and Switzerland.

We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are binding company policies. Many of our external third parties are based outside the European Union, the United Kingdom, and Switzerland, so their processing of your personal data will necessarily involve a transfer of data outside the European Union, the United Kingdom, and Switzerland. Whenever we transfer your personal data out of the European Union, the United Kingdom, and Switzerland, we ensure a similar degree of protection is afforded to it by using specific contracts approved by the European Commission which give personal data the same protection it has in the European Union.

In 2019, Skillsoft Limited’s wholly-owned U.S.-based subsidiaries Skillsoft Corporation and SumTotal Systems, LLC (collectively, Skillsoft) – in its capacity as a processor of personal data – formally began its participation in and certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. While Skillsoft – in its capacity as a controller of personal data – is similarly committed to subjecting all personal data received from European Union (EU) member countries and the United Kingdom and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles, Skillsoft will certify compliance as a controller of personal data by or before the end of the 2020 calendar year.

7. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data Retention

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data, see, “Request erasure” (below) for further information.

In some circumstances we may aggregate your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9.  Your Rights in Your Personal Data

Under certain circumstances, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of these rights set out below, please fill-out our form and help us help you by specifying which right(s) outlined below you are asserting.

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

• Request transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

No Fee Usually Required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request for these or other legitimate reasons.

What We May Need From You
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit To Respond
We try to respond to all legitimate requests within one month of our receiving them. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests.

Rights for California Residents
Certain rights outlined above may be available to you if you reside in California. Please review our California Privacy Notice to learn more about your rights and how to exercise them.

10. GLOSSARY

Lawful Basis means the interest of our organization in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law).

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Internal Third Parties means other companies in the Skillsoft family including the following entities that provide the following services:

External Third Parties include Google as further described in Section 3 (above).