Privacy Policy

Agreement to Privacy Policy. By using the LMS Platform, You consent to this Privacy Policy, including consenting to LMS’s use and disclosure of information about You in the manner described in this Privacy Policy.

Collection, Use, and Sharing of Information. LMS has organized descriptions of collection, use, and sharing of information by how and where information is obtained. Sections 2(G) through (J) apply to all data LMS collects, regardless of source.

1. LMS Platform Visit Data Collected and Used By Us. When You visit the LMS Platform or use LMS’s services provided on the LMS Platform, LMS may gather and store information about Your visit. That information can include the IP address of the device used to generate Your visit, the browser You used to access the LMS Platform, the time and date of the visit, the pages You visited, the length of time You spent on each page, the operating system employed by the device You used to access the LMS Platform, and where you went after using the LMS Platform. LMS uses this information to measure online market activity, to gather analytics to help LMS improve the LMS Platform experience, to evaluate the content on the LMS Platform about which users are interested, to measure the number of visitors who are exposed to advertising on the LMS Platform, and to otherwise enhance the overall position of the LMS Platform. LMS Platform visit information is also used to try to make Your LMS Platform visit more productive, relevant, and enjoyable. The following information may help You better understand how information about LMS Platform visits is gathered:

   1. LMS may gather information with “Cookies” or “Web Beacons” and use the information to track Your visit;

   2. “Cookies” are stored on the hard drive of Your computer. Cookies can be used to store information that makes future visits to the LMS Platform more convenient. If You so decide, cookies can also be used by You to store information like Your username and password or to store other preference indicators and identifiers;

   3. “Web Beacons” recognize information about Your Cookie such as rate of use, time, date and description of the page. Web Beacons are an invisible electronic, single pixel or clear GIF; and/or

   4. Cookies cannot be opened or run by LMS on Your computer and Cookies cannot infect Your computer with viruses. You can disable Cookies or otherwise manage them through tools provided with Your browser software and with commercially available software packages. Please be aware, though, that if You turn Cookies off You will experience less than optimal web engagement. Many features on the LMS Platform will not work as well or at all. Also, Cookies are automatically downloaded to users who don’t have one so You would have to re-disable Cookies after every visit.

      LMS may from time to time permit a third party data analytics service provider to include Web Beacons or Cookies within the pages of the LMS Platform. The findings of LMS’s data analytics service provider, including logs and IP address, may in turn be shared with LMS’s franchisees or affiliates as part of the effort to gain a deeper understanding of behavior, effectiveness and use of the LMS Platform. LMS’s data analytics service providers do not collect or report names, e-mail addresses, or other PII that could enable direct personal contact with an individual.

      There is no “opt out” possibility regarding information about LMS Platform visits LMS collects through devices like Cookies and Web Beacons. If You have any questions about collection or use of this tyspe of data, please e-mail LMS at support@lmsproject.com or by calling LMS Customer Care at 605-610-0398.

2. Content You Provide to Us on the LMS Platform. By uploading content via the LMS Platform, You hereby grant Us a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, monetize, analyze and sell data, charge money for, restrict access to view, restrict access to download, advertise against, and otherwise exploit Your content, in any media formats and through any media channels, in order to publish and promote the LMS Platform or such content and to conduct surveys, research, or other analysis. Such license will apply to any form, media, or technology now known or hereafter developed. Subject to the terms and limitations set forth herein, you may not terminate this grant of license to LMS as to any specific piece of content by removing or deleting that piece of content from the LMS Platform; provided, however, that it is understood and agreed that LMS will remove access by all other users to such removed or deleted content except for those users who have paid for that access.

3. PII You Provide to Us on the LMS Platform. There are services offered on the LMS Platform that involve LMS obtaining PII from You and storing and using that PII, including but not limited to: your legal name, date of birth, address, email, phone numbers, bank account information, or social security number. When You register with LMS in order to use LMS Platform features, LMS collects PII in order to enable LMS to set up Your LMS Account and to communicate directly with You to further the purposes of those services. LMS also collects Your PII when you link Your bank account to Your LMS Account. In those cases, LMS’s primary purpose for collecting the information is to enable prompt and accurate processing of Your payment requests and/or payments made to other registered users of the LMS Platform. Other potential uses are described below. If a third party product or service is involved, LMS will provide your PII to that third party for the same purpose. The third party’s use of information about You is solely governed by its privacy policy. As noted, LMS’s use is described below.

   In addition to the specific purposes for which Your PII is obtained, LMS may use that information to: (i) include You in e-mail, website, or direct mail announcements that contain information perceived to be of relevance to You, or (ii) to conduct surveys, research, or other analysis about either operation of the LMS Platform or products or services offered on the LMS Platform. LMS may use email service providers or other third parties to implement those purposes. You can opt out of those uses in the manner described in Section 4 of this Privacy Policy. LMS won’t use Your PII to call or text You unless You have specifically agreed to that method of contact.

4. PII You Provide To Others Via Services on the LMS Platform. As a result of use of the LMS Platform, You may provide PII to third parties, including other registered users of the LMS Platform. An example of this information sharing is filling out a payment request or invoice form. LMS cannot control, and are not responsible for the content or privacy practices of the recipient of that information. For that reason, LMS encourages You to be careful about information provided to parties with whom You are not familiar. LMS has provided information on the LMS Platform about that topic.

5. Links to Third Party Sites. Advertisements and promotional offers from third party advertisers, sponsors, affiliates and service providers appear on the LMS Platform. Some of those advertisements and promotions may be served on the LMS Platform by third party Ad Networks. Others are the result of advertisements or sponsorships sold by us. If you click on a link contained on one of those advertisements, you are accessing a website that is not owned, operated, or controlled by us. The operator of that site should have its own privacy policy which will govern the collection and use of information on that site. We are not responsible for any PII or other information collected or provided on the site of an advertiser, sponsor, affiliate, or other entity to whose website you can link from the LMS Platform. We may customize some ads to cause them to offer items in which we believe you may be interested but we do not provide any PII to an advertiser when you view or interact with its sponsored link or advertisement.

6. PII Obtained Through Other Means. LMS may, from time to time, obtain PII or the right to use PII in order to promote the LMS Platform or services we offer. PII obtained in that fashion will be treated by LMS in the same fashion as PII LMS obtains as a result of visits to the LMS Platform.

7. Sale of LMS. If LMS or its assets were to be sold, the information LMS has collected would likely be among the assets acquired by the buyer. That buyer would acquire the information subject to the terms of our then-current Privacy Policy, including the opt-out choices described in Section 4.

8. Information About Children. The LMS Platform, products, and services are neither developed for, nor directed at children. LMS does not employ or offer targeting toward children under the age of eighteen (18). If You believe that Your child has provided LMS with personal information and would like to have that information deleted, You can contact LMS in the manner described in Section 5.

9. Subpoenas, Orders, or Protection of Rights or Safety. LMS may be required by judicial or governmental subpoena, search warrant, or order to provide access to information LMS has collected. If that were to occur, LMS will utilize good faith efforts to protect, limit access to, and restrict future use of PII. LMS also reserves the right to disclose PII of individuals if LMS reasonably believes that doing so is necessary to protect LMS’s rights or to protect the safety of the individual or others.

10. Compliance with Applicable Regulations and Laws. Finally, LMS reserves the right to modify its privacy practices before a new version of this Privacy Policy is published (see Section 7) if doing so is necessary to comply with any applicable law or regulation that relates to information collected, stored, or used by LMS.

Data Security and Retention. LMS develops, implements, and periodically reviews proceduresthat are intended to protect personally identifiable information and any sensitive financial information stored by LMS. The services LMS offers may continue to be relevant to You or may again be relevant in the future. Consequently, LMS may maintain information for an extended period of time. LMS’s information retention policies are also affected by contractual and regulatory compliance needs.

Privacy Choices. If You wish to know whether LMS has collected personally identifiable information about You, You can direct Your inquiry to support@lmsproject.com. LMS will use good faith efforts to respond within a reasonable time to Your inquiry. Similarly, LMS will use good faith efforts to respond within a reasonable time to any requests to You may make to update or change any PII which has been collected by LMS about You. As noted previously, LMS will not use Your PII to contact You via telephone or text message without Your prior express consent (opt in). If You do not want LMS to use Your personally identifiable information to include You in e-mail, direct mail, or website announcements, You can opt out of that use of Your personally identifiable information. That opting out can be accomplished by clicking “unsubscribe” on an e-mail if that choice is provided or by contacting LMS at support@lmsproject.com.

LMS tries to work only with third party advertising networks who are members of the Network Advertising Initiative. Consequently, you can generally opt out of online advertising tailored to userinterest profile by going to http://networkadvertising.org/managing/opt_out.asp. You should be aware, though, that if you thereafter delete cookies, change browsers, or use a different computer, you will need to again opt out if you wish to continue to avoid targeted advertising. If the opt out mechanism available on networkadvertising.org does not work, please feel free to contact us at support@lmsproject.com. Finally, if there are legally-required opt in or opt out choices that apply to us and are different from what is in this Privacy Policy, we intend to comply with those legal requirements. Please let us know if you believe that information about you needs to be handled differently from what happens under our current practice.

Contacts. If You have any other questions or concerns, please feel free to contact LMS at 605-610-0398 or to email LMS at support@lmsproject.com.

Disputes Relating to Use of Information. By using the LMS Platform, You consent to the collection and use of information in the manner described in this Privacy Policy. If You feel that LMS is not following its Privacy Policy with respect to information about You, please contact LMS at the e-mail address or mailing address contained above. Any unresolved disputes about LMS collection or use of information collected about You shall be subject to LMS’s Terms and Conditions and shall be exclusively resolved by the method described in hose Terms and Conditions.

Changes to Privacy Policy. The effective date of this version of this Privacy Policy is March 1, 2017. LMS may change this Privacy Policy at any time. When LMS make changes to the Privacy Policy, LMS will update the date in this Section 7. Please check the Privacy Policy from time to time to see whether there have been any changes that would affect Your decision to use the LMS Platform or to opt in or opt out of uses of Your information. Your continued use of the LMS Platform signifies Your acceptance of modifications to this Privacy Policy.