Last Updated: 10/3/2023
This Subscription and Services Agreement, including any Orders and SOWs, (“Agreement”) governs Customer’s use of LakeTech Services. This Agreement is between the applicable LakeTech contracting entity set forth in Section 11.5 (“LakeTech”) and the customer contracting entity identified on the Order or SOW (“Customer”). LakeTech and Customer may also be referred to herein individually as “Party” or together as the “Parties.” Capitalized terms used but not otherwise defined herein have the respective meanings designated in Section 12. The “Effective Date” is the date Customer accepts the terms of this Agreement by executing an Order or SOW that references this Agreement. The Parties hereby agree as follows:
Products or services developed by third parties may be available to Customer, including via LakeTech’s API, for use with the Services (“Third-Party Applications”). By using Third-Party Applications, Customer permits LakeTech to grant providers of such Third-Party Applications access to Customer Data or other data as required for the use and support of such Third-Party Applications in conjunction with the Subscription Services. Third-Party Applications are not Services under this Agreement, may be subject to the third-party provider’s additional terms, and may require an additional fee to such providers in order to use the Third-Party Applications. The LakeTech software may contain features designed to interoperate with Third-Party Applications. Such features are not considered Services under this Agreement. LakeTech may cease providing such features for any reason, including if the provider of a Third-Party Application ceases to make the Third-Party Application available for interoperation with the Services, without entitling Customer to any refund, credit, or compensation. Notwithstanding any obligations LakeTech may have under an applicable DPA, LakeTech is not responsible for the use or protection of Customer Data in any Third-Party Applications.
This Support Services and SLA Agreement (“SLA”) is entered into by LakeTech and Customer and covers the LakeTech Subscription Services defined in the LakeTech Subscription and Services Agreement (“Agreement”) to which this SLA is attached. Except as otherwise modified or defined herein, all capitalized terms in this SLA have the meanings set forth in the Agreement.
For purposes of this SLA “Scheduled Downtime” means the window during which scheduled maintenance of the Subscription Services is performed. LakeTech shall use commercially reasonable efforts to not provide more than 6 hours of Scheduled Downtime per calendar month.
3. SERVICE AVAILABILITY
LakeTech’s service-level objective for the Subscription Services is 99.9% of the time, 7 days a week, and 24 hours per day as calculated over a calendar month excluding Scheduled Downtime. This does not include Force Majeure Events or other factors outside of LakeTech’s reasonable control.
We may store Usage Data itself and such information may be included in databases owned and maintained by LakeTech affiliates, agents, service providers, or third-party advertising and analytics providers. We may use such information and pool it with other information, for example, to track the total number of visitors to our Sites or authorized users of the LakeTech Platform, or each page of our Sites, etc. We use this information to help us understand how people use the Sites and LakeTech Platform, support our advertising and marketing efforts, and to enhance our Services. If you complete a course offered on our Sites by a third party on a LakeTech Education site, we may share basic details (including which course, time spent, etc.) with that third party.
Our mobile application for the LakeTech Platform may collect certain additional information automatically, including the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, available storage space, connection type (e.g., WiFi vs. cellular), and information about the way you use the application. We may also use GPS technology (or other similar technology) to determine your current location. If you do not want us to have your location information, you should turn off location services for the mobile application located in your account settings or in your mobile phone settings or within the mobile application.
We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded. We link certain information we store within the analytics software to authorized users for customer usage and metrics, and to aid in customer success.
We classify cookies in the following categories:
You can opt out of each cookie category (except strictly necessary cookies) by clicking on the “Cookie Settings” button below:
Do Not Sell My Personal Information
For more information on cookies, third-party cookies, and cookie management options.
You can remove persistent cookies and change your privacy preferences by following directions provided in your Internet browser’s “help” directory, or by clicking the Cookie Settings button above. However, certain features of the Sites or LakeTech Platform may not work if you delete or disable cookies. Some of our service providers may use their own cookies and web beacons in connection with the services they perform on our behalf, as further explained below.
Third-party Technologies: Third parties, such as ad servers, ad networks, and data exchanges (“Advertisers”) may place or recognize a unique cookie on your computer or use other technologies such as web beacons so that they can tailor their advertisements to your apparent interests and deliver those advertisements to you while you are on our Sites. In addition, Advertisers use technologies (such as cookies, pixels, and web beacons) to collect information about your browsing behavior on our Sites which they may match with information they have previously collected. Our Privacy Notice does not cover any use of information that Advertisers may collect from you or that you choose to provide to them. For information about how to opt out of receiving certain behavioral advertisements, please visit this website (or this one if located in the European Union). Please note this does not opt you out of being served ads, you will continue to receive generic ads. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.
Social Media Widgets: Our website includes social media features, such as the Facebook Like button, and widgets, such as the “Share this” button or interactive mini-programs that run on our website. These features may collect your Internet Protocol address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy statement of the company providing the features.
We do not knowingly collect Personal Data from children under the age of 13. If we become aware that we have inadvertently received Personal Data from a child under the age of 13, we will delete such information from our records
LakeTech implements appropriate physical, operational, and technical safeguards designed to help protect your Personal Data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to the Personal Data we collect or use. We also contractually require that our Service Providers protect such information from accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access.
Please be aware that despite our efforts, no data security measures can guarantee security. As a result, while we strive to protect Personal Data transmitted on or through the Sites, we cannot and do not guarantee the security of any information you transmit on or through the Sites. Devise-users are responsible for the protection of personal devices and password credentials.
LakeTech also engages in a responsible disclosure program. The program invites you to help bolster existing security measures and adapt to the ever-changing threat environment. If you become aware of a vulnerability. If you become aware of an error in disclosure of any Personal Data, you may also email email@example.com.
We will retain your information for as long as we have an ongoing business relationship with you or the business needs to do so (for example: to comply with applicable law, tax requirements, or enforce our agreements).
When we have no ongoing legitimate business need to process your Personal Data, we may either delete or de-identify it, or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible. If we collect or use de-identified information, we will not attempt to re-identify it.
From time to time, for the purposes described in this Privacy Notice, your Personal Data may be processed by us and our vendors outside your home jurisdiction, including in the U.S. and other countries. These countries may have data protection laws that are different from the laws of your country. LakeTech only transfers Personal Data to another country, including to its subsidiaries and other affiliates, in accordance with applicable data privacy laws, and provided there is adequate protection in place for the data. The relevant Data Controllers with respect to LakeTech’s Personal Data processing activities are:
460 Boulevard #9,
Oakland, CA 94801
Our Sites and LakeTech Platform may contain links or integrate with other websites and online services or allow others to send you such links. LakeTech is not responsible or liable for any damage or loss related to your use of any third-party website or online service. You should always read the terms and conditions and Privacy Notice of a third-party website or online service before using it, whether directly or in connection with your use of the Sites or the LakeTech Platform.
You may opt not to disclose Personal Data to us, but keep in mind some Personal Data may be needed to register with us or to use some of our features. If we have collected and processed your Personal Data with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
Please note that we may still use any aggregated and de-identified Personal Data that does not identify any individual and we may also retain and use your Personal Data As necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
You have several rights with respect to your Personal Data, as further described in this section.
It is important that the Personal Data contained in our records is both accurate and current. We offer various self-help functions within our Site, tools, and Services that will allow you to update your Personal Data in our records. If we have Personal Data that you cannot access via these self-service systems, then you may make a request through the Privacy Team by email at firstname.lastname@example.org.
Depending on applicable Local Laws, you may have additional rights with regard to your Personal Data. Below is an explanation of your privacy rights. Please note, these rights do not conflict with any rights you may have under the applicable Local Law. LakeTech will not discriminate against you for exercising any of your privacy rights.
Subject to conditions set forth in applicable data protection legislation, you may have the following rights:
To obtain further information regarding your rights, to exercise any of your rights (other than to lodge a complaint), or to ask any questions regarding the processing of your Personal Data, please contact the Privacy Team by email at email@example.com.
Only you or someone legally authorized to act on your behalf may make a verifiable consumer request related to your Personal Data. You may also make a verifiable request on behalf of your minor child. You may designate someone as an authorized agent to submit requests and act on your behalf. We will respond to all requests in accordance with applicable laws. We may ask you for information to verify your identity and evaluate your privacy rights request.
Marketing Communications: You can opt out of receiving promotional or marketing communications from us at any time by using the unsubscribe link in the email communications we send or by emailing firstname.lastname@example.org. To opt out of non-email forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided in the How to Contact Us section below. If you set up an account on our Sites, we will still send you non-promotional communications like service-related emails.
You may also turn off push notifications on LakeTech Apps on your device.
If you want your phone number to be added to our internal Do-Not-Call telemarketing register, please contact us by using the information in the How to Contact Us section below. Please include your first name, last name, company and the phone number you wish to add to our Do-Not-Call register. Alternatively, you can always let us know during a telemarketing call that you do not want to be called again for marketing purposes.
Your rights where you have been granted access to the LakeTech Platform by a customer
As described above, we may also process Personal Data submitted by or for a customer. To this end, unless stated otherwise in this Privacy Notice or in a separate disclosure, we process such Personal Data as a processor/service provider on behalf of our customers. If your data has been submitted to us in our role as a processor/service provider and you wish to exercise any rights you may have under applicable data protection laws, please directly inquire with the customer that granted you access to the LakeTech Platform. Because we may only access a customer’s data upon their instructions, if you wish to make your request directly to us, please provide us with the name of the LakeTech customer(s) and project name(s) relevant to your request. We will refer your request to that customer, and will support them as needed in responding to your request.
This Privacy Notice is reviewed and updated periodically to ensure it accurately describes our practices and procedures. We may also make updates or changes to this Privacy Notice because of changes in applicable laws or regulations. Any changes made to this Privacy Notice are effective as of the “Last Updated'' reference above. If necessary, we may take additional measures to inform you of changes, such as by posting a prominent notice on our Site.
Please print a copy of this Privacy Notice for your records.
If you have questions or concerns about our use of your Personal Data, please contact us at:
460 Boulevard Way
Oakland, CA 94801 USA
This section of the notice provides additional information for California residents and describes our information practices pursuant to the California Consumer Privacy Act 2018, as amended by the California Privacy Rights Act 2020, and its implementing regulations ("CCPA").
The CCPA provides California residents with certain rights regarding their Personal Data. Please note, these rights only apply to Personal Data we collect and process under this Privacy Notice as a business/controller. For Personal Data we process on behalf of our customers in our capacity as a service provider/processor, please submit your request directly to the customer with whom you have a relationship, and we will provide reasonable assistance to that business client as necessary to enable them to respond to your requests to exercise your privacy rights. In general, California residents, including our customer’s employees who reside in California, have the following rights with respect to their Personal Data, subject to certain exceptions:
If you are a California resident and would like to exercise your CCPA rights, you may do so via any of the methods described below:
Before responding to your request, we must first verify your identity using the Personal Data you recently provided to us. You must provide us with our name, street address, city, state, zip code and an e-mail address or phone number. We will take steps to verify your request by matching the Personal Data provided by you with the information we have in our records. In some cases, we may request additional information in order to verify your identity, or where necessary to process your request. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for the denial.
You may designate someone as an authorized agent to submit requests and act on your behalf. Authorized agents will be required to provide proof of their authorization in their first communication with us, and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.
LakeTech does not disclose Personal Data to third parties for the third-parties’ direct marketing purposes, under Cal. Civ. Code §1798.83(d).
You have the following rights under the General Data Protection Regulation (GDPR) with respect to the information LakeTech is the controller:
You also have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA, Switzerland, and certain other countries (including the US) are available here.
You have the right to ask for a copy of any Personal Data we hold about you as a controller, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us by email, web form, or mailing address found in the How to Contact Us section.
If we receive a request for access to Personal Data, we will respond within 20 working days of receiving a verifiable request. Our response may include a decision about whether we will be able to provide the requested information. We may be able to withhold information if:
The Australian Privacy Principles (“APPs”) set out in the Privacy Act provide you the right to request access to, and correction of, the Personal Data we hold about you by contacting us using the contact details set out in the Privacy Notice.
For additional information regarding APPs, see the Supplementary Privacy Notice for Australia section.