New Era for Your Personal Data Rights

Mondly Languages Privacy Policy

This privacy policy explains how personal data will be used by Mondly in relation to the language learning products and services that link to this policy.

We are sharing this information to explain how your ‘personal data’ and ‘personally identifiable information’ – that can be used on its own or with other data/information to identify, contact, or locate a person – is being used in connection with our services. Please read this policy carefully to get a clear understanding of how we collect and use your ‘personal data’ and ‘personally identifiable information’.

1. Who are we?

Mondly is an online language learning platform developed by ATI Studios SRL and is part of the Pearson group (owned by Pearson plc), referred to as “Mondly”, “we”, “us” or “our” in this policy.

You can contact us at:

Data Protection Officer: 80 Strand, London, WC2R 0RL

EU Representative: Pearson Deutschland GmbH, Kaiserstraße 44, 60329 Frankfurt am Main, Germany

You may also email us at dataprivacy@pearson.com .

2. When do we collect information?

We collect your information in three key ways:

1. Directly when you (or your parent/guardian) provide information e.g. by registering to use Mondly, contact us (online or offline) or purchase a subscription for one of our products and services.
2. Directly when you interact with Mondly (including if you record your voice as part of the learning process to practice vocabulary and phrases) or when you engage with our email communications – we use cookies and other technologies to collect this information. To find out more, please visit our Cookie Policy .
3. Indirectly from specified third parties (such as Facebook and Google) if you choose to register via a social media platform.

3. What personal data do we collect from the people that visit our website or use our apps?

• When registering on our website or using any of our products and services, including Mondly apps, you may be asked to enter your name, email address, foreign language skills, your interests, and you may provide a profile picture (this might be associated with the photo on your Facebook account if you sign up that way). For some Services, a user may register using an alias name (pseudonym) that is not otherwise associated with personal data provided to Mondly.Note: some of the apps might also include a leadership board noting username, profile pictures and points so an alias name should be provided if you are not comfortable with this being made public to other users.
• We also process any other voluntary details that you can save in your profile, and your communication preferences (including if you raise a complaint and/or support query).
• We will process your login details: including username and password and similar credentials.
• You may elect to record your voice practising the language (but this is optional). Further, you may elect to use our virtual reality app to practice languages in realistic dialogues inspired by events (e.g. check-in to a hotel in Paris). This might involve an element of gamification (and multi-player functionality, where your name and the information you have made available in your profile will be available).
• Where you upgrade to premium and/or buy a subscription, you will provide financial information i.e. subscription/purchase information, card details, billing address.
• We collect lesson progress and analytics, including information about how you use our services, such as the types of content that you view or engage with, the features you use, the actions you take, the other users you interact with and the time, frequency and duration of your activities. As users of the Services, learners may also record responses to interactive exercises, scores, grades or activities completed.
• We also collect cookie information (where we have your permission, if required by law), log data, device information and IP addresses that help us understand which country you are connecting from to provide more personalized content better suited to your needs as a user. Please see ourCookie Policy for more information.
• There is a specific MondlyKIDS app which we recommend is used by children under the age of 15 to ensure they receive an age-appropriate experience as this app can function with minimal data collection (limited to username, email address only).

4. What is the purpose for collecting the information?

Ultimately, we collect information for the purpose of bringing you the best possible experience when using our products and services. This could include collecting your information for:

· registering your account when you create one;

· fulfilling the service terms when providing you with our products and services, including honouring your purchase with us and tracking purchases and progress which includes sending periodic emails about lesson reminders and to otherwisemake Mondly available to you, for example, we need such information for your account ranking, connecting with other users through social media platforms, adjusting the difficulty level of the app for the user, analysing voice recordings to confirm accuracy of grammar and vocabulary, providing access to content and capturing progress within the application etc;

· authorise and authenticate users of our services (and prevent and detect fraud and/or security breaches);

· managing leadership boards where we may publish your username, profile information including language combination, scores, online status and date of registration as well as any additional information voluntarily provided;

• personalizing your experience and to allow us to deliver the type of content and product and service offerings in which you are most interested;
• marketing to you via email, in-app advertisements and/or online marketing. Please note that we do not intentionally send marketing communications to learners aged under 15 unless consent has been provided on behalf of the learners, in which case such consent may be withdrawn at any time. W e allow users to unsubscribe at any time by using the link at the bottom of each email or using our preference centre and we honour opt-out/unsubscribe requests as soon as possible;

· creating a profile of you e.g. we may combine the data that you have provided to us, or that we have collected via analytical cookies (dropped with your consent) with information from third parties in order to better understand your interests. We want to build a profile of you so that we can send relevant communications and market to you more effectively based on customer audience segments we create – this profiling is not considered “automated decision making” (the process of making a decision with significant consequences by automated means without any human involvement), but we will let you know if that changes;

· market research purposes e.g. if you respond to a survey or if we conduct data analytics. Participation in surveys and discussion forums is entirely voluntary. You may unsubscribe from being contacted for these purposes at any time;

· improving our products and services, for example through website analytics based on application and system logs data which could include data such as your IP address, internet service provider and browser type, type of computer/device, and details of the website, application or email communication you came from before entering the Services. Please note that we may, from time-to-time, supply third parties with aggregated sets of this data for uses in connection with our Services;

· meeting ourlegal, regulatory, and tax reporting obligations , including to comply with requests from local authorities and government bodies and investigating incidents of potential or suspected breaches of our terms of service or applicable laws. Also to protect and ensure safety of our services and products and our confidential and proprietary information.

5. Grounds for collecting the information

We require a lawful basis to collect and process your information. This will be:

• when information isnecessary for us to perform a contract with you (when you purchase a subscription, upgrade to premium and/or accept our terms of use);
• with yourconsent (e.g. we may ask you for specific consent to use your personal data in a particular way);
• to comply with ourlegal obligations (e.g. we might have regulatory obligations to report or share or archive personal data); and/or
• for a variety of business purposes which are in ourlegitimate interests as a commercial provider of educational products and services to grow our brand and protect and enhance our products and services.

6. How long will we use your personal data

We shall be storing your information as long as is reasonably necessary to fulfil the purposes for which we are processing your personal data, which may be for the entire duration of your use of our products and services or longer if the law permits or requires – unless you exercise your right to delete certain data where applicable.

In particular, we retain registration, profile, transaction, and other information for as long as a user maintains their account. Users may request deletion of their account at any time. On receipt of a deletion request, we delete data that it is not required to retain for purposes of legal, tax, accounting, reporting, insurance, litigation, or other regulatory requirements which we will retain for 6 years from collection – during which time we may also use it for purposes of security, fraud prevention and detection. We may be unable to delete a user’s account in certain circumstances, particularly if there is an outstanding credit on the account or an unresolved dispute. Upon resolution of the issue, we will delete the account as described above.

7. What rights do I have?

Depending on the country you are in, you may have the right to:

• requestaccess to and obtain a copy of your personal data and beinformed about our processing activities,
• rectify your personal data if it is no longer accurate,
• request theerasure of your personal data if our retention is no longer necessary for the purposes for which it was collected,
• restrict orobject to the processing of your personal data in certain circumstances,
• data portability , and
• lodge a complaint with your relevant supervisory authority or regulator (but we ask you to contact us in the first instance).

If you are resident in California, please click thislink to find out more information about your specific rights – in particular, we confirm that we don’t sell your personal data.

8. How do we protect your information?

At Mondly, we maintain appropriate technical and organisational measures to maintain the safety of your personal data and take steps to prevent unauthorised or unlawful processing of personal data and against accidental loss, theft, destruction of or damage to personal data. In particular, our website is scanned on a regular basis for security vulnerabilities to improve your safety when using our products and services. Payment information relating to transactions are processed through a gateway provider and are not stored on our servers.

9. Disclosures and Transfers

Disclosures to Group Companies

We may disclose personal data or personally-identifiable information to our affiliated and group companies, so that we can analyse our global business operations and consider, test and develop new exciting features for our products and services. With your consent (where required by law), we would share your personal data with the following companies so that they can inform you about the relevant products and services that our group companies offer which we think you might be interested in using within, or related, Mondly:

• NCS Pearson, Inc,
• Pearson Education Inc,
• Pearson plc,
• Pearson Education do Brasil S.A, and
• Pearson Education Limited.

Disclosures to Businesses, Partners and Trusted Organisations

For MondlyWORKS, we work closely with employers who are making the service available to staff (this will involve data sharing for the purpose of providing the services and tracking completion of language learning modules). We will also share data with our partners and trusted organisations we work with to provide products and services to you (including governments, universities and ministries) and keep them updates on usage of the apps and web interfaces. They may have their own privacy notices for the processing that they conduct as a controller so please make sure you request this and read it).

Other Disclosures

We may disclose personal data or personally-identifiable information in the following circumstances:

• when you give us explicit consent to share your data;
• when we share it with external service providers and data processors such as data centres, web hosts, cloud storage and cloud software providers, customer support providers, payment processors, debt collectors, accountants, and insurers;
• when we share it with prospective sellers or buyers of our business or assets and if we, or substantially all of our assets, are acquired (and their professional advisors), or in the event that we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party; and
• when we are required or requested to share it with regulators, law enforcement agencies and other relevant parties for the purpose of enforcement action, legal or contractual compliance and reporting purposes, in accordance with applicable laws and regulations.

Data transfers

Whilst data is predominantly stored in the European Union, we are part of a global organisation and use global service providers. Accordingly, data may be processed and shared outside of the country in which you live (as part of intra-group transfers and also to the recipients noted above); however we will only do this in compliance with local laws and where we have appropriate measures to ensure that the recipient of your data provides a comparable standard of protection as required by applicable data protection laws. Where you are a resident of the European Union or the United Kingdom , we will only transfer your personal data: (a) to countries that have been deemed to provide an adequate level of protection for personal data listed here (or equivalent in the United Kingdom); and/or (b) where we have specific contracts approved by the European Commission and information Commissioner’s Office which give personal data the same protection.

10. Third-party links

We may include third-party products or services on our website, and this will be clearly indicated. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites.

11. Changes to this Privacy Policy

We may update this policy from time to time. We will always include the date of a new version so that you know when there has been a change. This policy was last updated May 2022.

12. Contacting Us

If there are any questions regarding this privacy policy, you may contact us at dataprivacy@pearson.com .

Cookie Policy

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow them) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember your progress in terms of lessons. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since the browser are a little different, look at your browser’s help menu to learn the correct way to modify your cookies.

What Cookies do we use?

We use Google, Facebook, TikTok and LinkedIn cookies.

What happens if you turn cookies off?

If you turn cookies off, some features will be disabled. Some of the features that make your site experience more efficient may not function properly.

Google

We use Google AdSense Advertising on our website to provide a positive experience for users. Google’s advertising The requirements can be summed up by Google’s Advertising Principles: https://support.google.com/adwordspolicy/answer/1316548?hl=en

Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We, along with third-party vendors such as Google, use first-party cookies and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website. Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt-Out page or by using the Google Analytics Opt-Out Browser add-on.

How does our site handle Do Not Track signals? Currently, we don’t honor “Do Not Track” signals.

Terms of use – Mondly App

1. Scope

1.1. The following terms and conditions (“Terms of Use “) apply betweenATI STUDIOS A.P.P.S. S.R.L , with its registered office at 50A Griviței Avenue Building 15, Entrance C, 1st Floor, Apt. 1 Brașov County, Brasov, Romania (“Mondly “) and you as a user of the Mondly App with its free basic functions as well as additional paid functions selected by you by way of so-called InApp Purchases (“Order(s)”) (collectively“App”).

1.2. The App can only be used by consumers, i.e. persons who are not acting for predominantly commercial or self-employed purposes (“users “,“you”).

1.3. References in these Terms of Use to the applicability of statutory provisions are for clarification purposes only. As such, the statutory provisions will still apply even if not set out in these Terms of Use, unless these are supplemented or expressly excluded.

2. Subject matter of performance and conclusion of contract

2.1. The Mondly App provides a language learning solution according to the available features that allow users to learn many different languages. Mondly App shall act as a tool to support users to improve language skills but does not promise that the user will reach a specific progress in learning a language.

2.2. The user can access the App via the Apple App Store or the Google Play Store and download it to his or her device in accordance with these terms of use here, which are displayed in each case as part of the contract initiation process and must be accepted by the user before starting the download process. By clicking on the download button, the user makes an offer to conclude a contract for the use of the App, including its free basic functions, which Mondly accepts by making the App available for use on the user’s device.

2.3. If the user wishes to expand the basic functions of the App with additional functions for which a fee is charged (“premium features”), the user must place an order in the App. Offers by Mondly for paid content are not binding. Orders placed by the user constitute a binding offer to conclude a contract for the respective premium features. By clicking on the button “Order with obligation to pay”, the user makes a binding offer to conclude a contract for the respective premium features. The user’s offer only becomes binding for both parties when Mondly actually provides the premium feature in the App.

2.4. The user can use the App and all of its functions, regardless of whether they are paid or free of charge, without having to create a user account in the App. A user account only needs to be created if the user wishes to save their learning progress in the App.

2.5. For a limited period of time specified in the app, Mondly may, at its own discretion, make individual additional premium features available to the user free of charge for test purposes.

2.6. We will send you the contract, which contains the details of your order, as well as these Terms of Use in text form. For security reasons, the contract text is no longer accessible online after the contract has been concluded. Furthermore, you can access these terms of use in the App in the settings under “Info”.

3. Prices and terms of payment

3.1. The user can use the App with the basic functions specified in the service description free of charge.

3.2. For the use of the premium features of the App that go beyond the basic functions of the App, the user must pay the fees shown during the order process.

3.3. Depending on the operating system of the user’s device, payment is made via the Apple App Store or Google Play Store account using the means of payment available there. The terms and conditions of the Apple App Store and the Google Play Store will apply in relation to this payment.

3.4. An internet connection is required to download the app, which must be provided at the user’s own expense.

4. Rights of use

• During the term of the respective contract, Mondly grants the user the non-exclusive, non-transferable, non-sublicensable right to use the App, including its free basic functions and any premium features, on a single mobile end device, limited to the term of the contract, exclusively for private purposes in accordance with these Terms of Use, i.e. to install it on the respective device, to copy it to the extent technically necessary for use in accordance with the contract, to load it, to display it and to run it.
• Neither the App nor its respective free basic and premium features may be shared with or made available to third parties without Mondly’s prior written consent. In particular, the user may not grant third parties access to the App and its service components, and in particular may not disclose its access data to third parties. If the user creates a user account, the user must protect his user password from access by third parties and keep it secret. The user may not pass on his password to unauthorised third parties.

4.3. In particular, the user is prohibited from (i) sublicensing, selling, reselling, transferring, assigning, distributing, sharing, leasing, renting or otherwise generating revenue from the Mondly Services, (ii) reverse engineering, disassembling, deciphering, translating, decompiling or creating derivative versions of the Mondly Software, except as required by law, (iii) enter or generate any data or other content in the App that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

4.4. For the term of the respective contract, the user grants Mondly the non-exclusive, non-transferable and non-sublicensable right to use content entered by the user in the App, in particular to reproduce, store and process it in the App on the user’s mobile device to the extent that this is necessary for the use of the App, including its respective free basic and premium features, for the benefit of the user in accordance with these Terms of Use and the Description of Services.

5. Term and termination

5.1. The use of the App, including its free basic functions, is not subject to a fixed term. Mondly or the user are entitled to terminate the App at any time with immediate effect. Mondly can terminate by deactivating a corresponding free basic function in the App or the App as a whole. The user may terminate the App including its free components by uninstalling the App from their mobile device. Mondly’s must not terminate the App including its free basic functions to the extent that the user has subscribed to premium features which require the use of the free App and/or its free basic features as a precondition.

5.2. For premium features, depending on the respective additional function, an initial term of 30 calendar days or 12 months applies from the day of activation of the premium feature in the app. The term of the premium feature is indicated in the App its respective description in the app and can be viewed transparently in the app on an ongoing basis. After expiry of the initial term, this is automatically extended for another same period, whereby the user is entitled to terminate the contractual relationship extended in this way at any time with a notice period of one month. Users can terminate by deselecting the respective premium feature in the Apple App Store or the Google Play Store.

5.3. The right of either party to terminate the respective contract for good cause shall remain unaffected. Good cause shall be deemed to exist if the terminating party, taking into account the respective circumstances of the individual case and weighing the interests of both parties, can no longer reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period. If the good cause consists in the breach of an obligation under the contract, termination is only permissible after the unsuccessful expiry of a period set for remedy or after an unsuccessful warning. Section 323 (2) numbers 1 and 2 German Civil Code shall apply mutatis mutandis to the dispensability of setting a time limit for remedial action and to the dispensability of a warning. The determination of a time limit for remedial action and a warning are also dispensable if there are special circumstances which justify immediate termination after weighing the interests of both parties.

5.4. In the event of termination, for whatever reason, all rights of use granted to the user in respect of the terminated contractual service shall come to an end. I.e. in the event of termination of a particular premium feature, the user’s rights of use to this terminated premium feature will come to an end, but the user’s rights to use other premium features or the App and its free basic functions will continue (unless these have also been terminated). If the user terminates due to a breach of a contractual obligation by Mondly and/or for good cause and if the Customer has paid usage fees in advance, Mondly will refund the Customer the usage fees paid in advance on a proportionate basis for the period from the date on which the termination takes effect.

6. Warranty

6.1. If the App, including its free basic functions and any premium features selected by the user, contains a defect at the time of provision which renders the App, a free basic function and/or a premium feature unsuitable for use in accordance with the contract, or if such a defect arises during the term of the contract, the user will not be charged for the period during which the App was not suitable.

6.2. In cases in which the suitability of the app, a free basic function and/or a premium feature for use in accordance with the contract is not unavailable but merely reduced, the user shall only pay a reduced usage fee. An non-material defect or interruption shall not give rise to a reduced fee.

6.3. Claims for damages by the user shall be subject to the limitations of liability set out in the following clause 7.

7. Liability

7.1. In the event of culpable injury to life, limb or health, the existence of a guarantee, fraudulent intent or in cases of liability under the Product Liability Act, Mondly shall be liable in accordance with the statutory provisions.

7.2. Also in accordance with the statutory provisions, Mondly is liable for damage caused by intent or gross negligence, including intent or gross negligence on the part of Mondly’s representatives or vicarious agents.

7.3. In the event of a slightly negligent breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper implementation of the contractual agreement, the breach of which jeopardises the achievement of the contractual purpose and the observance of which the user can regularly rely on, Mondly shall be liable in accordance with the statutory provisions, but limited to compensation for the typically foreseeable damage.

7.4. In all other respects, liability on the part of Mondly is excluded, irrespective of the legal grounds. This applies in particular to liability under Section 536a Paragraph 1 Sentence 1, 1st Alt. German Civil Code.

7.5. The above provisions also apply in favour of Mondly’s vicarious agents.

8. Property and commercial property rights

Mondly is and remains the owner of all property rights and industrial property rights, in particular copyright and exploitation rights, database rights, patents, trade secrets, trademarks and all other intellectual property rights and similar rights, including technical solutions, in and relating to the App and its performance components, in particular the language content and learning methods.

9. Other

9.1. The App and its service components may contain links to certain third-party products, services or software. The Customer acknowledges that any use of such third party service is governed solely by the contractual terms and privacy policies of the relevant third party provider and that Mondly does not recommend, is not liable for, and makes no representations regarding any third party service, its content or the manner in which such third party service uses, stores or processes data.

9.2. The interpretation of this contract and all matters relating to this contract, including its formation, shall be governed exclusively by German law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

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