Lingo Live Language Services, Inc. is committed to protecting the privacy and security of your personal information. We collect your personal information and are a “controller” of it under data protection law.
This Privacy Notice is to help you understand what personal information we collect about you, why we collect it and what we do with it.
- Business: means Lingo Live’s language Services and related services provided or made available by Lingo Live, including, support services.
- Coach/Coaches: Lingo Live language coach, engaged by Lingo Live from time to time to provide Services.
- Lingo Live, we, us or our: refers to Lingo Live Language Services, Inc.
- Platform: refers, collectively, to any and all Websites, services and content made available to you and Users by Lingo Live, including any software and technology used to provide any of the foregoing.
- Service/s: means the provision of language coaching sessions and related services to Users.
- Users: means any and all persons that access or use the Platform. References to “access” and/or “use” of the Platform (and any variations thereof) include the acts of accessing or browsing the Website or Website content, registering for accounts, and using the Services.
- Website: refers to any website owned or operated by Lingo Live (including the website currently located at https://www.LingoLive.com/). References to the “Website” include any and all Services, content, features, functionality, tools, and promotions available on or through each such website.
2. Contact details
Your personal information is collected by Lingo Live. We may collect and store: full name, personal email, work email, telephone or cell phone numbers, address, Skype username(s), social network URLs (only if provided by choice), emergency contact information (only if provided by choice).
Lingo Live’s contact details are as follows:
Post: 575 Market Street, 4th Floor, San Francisco, CA 94105, United States
Telephone: +1 800-788-9784
3. What personal information we collect
We collect, store, and use information about you in relation to the Services, the Platform and your engagement with us as a Coach as listed in Schedule 1 to this Privacy Notice.
If you fail to provide certain information when requested, we may not be able to perform all our legal and contractual obligations or carry out all activities regarding your engagement as a Coach such as granting access to the Coaching Platform, the fees we pay you for the Services, tax documentation purposes, and to ensure health and safety.
It is important that the personal information we hold about you is accurate and up to date. Please keep us informed if your personal information changes during your engagement with us as a Coach.
4. How we collect your personal information
Your personal information is either (a) provided by you, (b) obtained from third parties, (normally through the application and Coach engagement process), or (c) created by us in the course of the Services during your engagement with us as a Coach.
In particular, data may be obtained from the following third parties: former employers, employment agencies, credit reference agencies or other background check.
5. How we use personal information
We use your personal information for the following purposes:
- for the management and provision of Services and related services provided or made available by us (including support services) – for example, to engage you as a Coach, connect to learners, Service development, talent management, and evaluation of the results of your work.
- for both internal and external administration and operational purposes (for example, in relation to language coaching sessions, absences, payment of Service and Coach fees and expenses, compensation, maintaining Coach directories/contact lists, enabling access to our Platform, systems, software and resources, managing authorization controls, ensuring the security of our Platform, systems, software and resources, management and hiring forecasts and planning changes in our company structure);
- for providing reviews on our Website and for providing additional information to Users about you for example on our blog or “get to know a Lingo Live coach“, “meet the world as a Lingo Live coach” and the “meeting my learners in their work environment” pages of the Website;
- for providing marketing or sales collateral such as “about our coaches,” “meet a coach” or to demonstrate “impact stories” when selling to or working with potential or existing clients or posting on social media
- detecting or preventing any inappropriate behavior or breach of our policies including protecting our intellectual property, confidential information and assets;
making contact in an emergency;
- ensuring that our Platform and systems are used primarily for Business purposes and for the provision of Services, have sufficient capacity for the needs of the Business, are protected against cybersecurity threats such as malware; and
- for the purposes of any potential and/ or actual litigation or investigations concerning us, or any affiliates or its our officers and directors.
- to carry out appropriate criminal record and background screening checks, with your consent
6. Why we use personal information
We will use your personal information where:
- it is necessary for the provision of Services and compliance with your engagement with us as a Coach including in relation to any contract with us or in order to take steps prior to entering into any such contract;
- we need to process your information in order to comply with a legal or regulatory obligation (for example, complying with duties under UK tax legislation);
- exceptionally it is necessary for vital interests relating to you or another person (for example, avoiding serious risk of harm to you or others); or
- it is necessary for our legitimate interests (or those of a third party) provided that our legitimate interests are not overridden by your interests or rights which require protection of your data.
We will only use your personal information 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 information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
7. When do we have “legitimate interests”?
As mentioned above, we can, sometimes, use your personal information where this is necessary for our legitimate interests (or those of a third party). This includes where use of your personal information is necessary to:
- ensure effective administration, engagement and management of our Coaches, benefits, management of the Business and Services and Business continuity;
- ensure our assets are protected, kept confidential and not used for inappropriate or unlawful purposes;
- prevent, detect, or investigate unauthorized use of our Platform and systems and ensure we comply with law and our policies;
- ensure we can contact you or your family in the case of an emergency;
- check you are legally entitled to provide Services and be engaged as a Coach in the UK;
- evaluate the results of your work, provide support to you in order for you to effectively carry out your role as a Coach, relationship building e.g. between you and your community manager;
- manage on-boarding and development opportunities;
- Effectively handle and respond to user complaints;
- deal with disputes and accidents and take legal or other professional advice;
- prevent fraud; and
- ensure network, Platform and information security.
If you would like further information on our legitimate interests as applied to your personal information, please contact Privacy@LingoLive.com.
8. How we use special category personal information
Some personal information is treated as falling into a special category. This information is listed in Schedule 1. We will process this information for the following purposes:
- We will use information relating to absences (e.g. from language coaching sessions), which may include sickness absence or family related matters/absences, to comply with social security, social protection and other laws relating to your engagement as a Coach and for our record keeping purposes (e.g. to administer sickness absences and find appropriate cover for language coaching sessions);
- We will use information about your physical or mental health, condition, or disability status, to ensure your health and safety in the workplace and to assess your fitness to provide Services on health grounds subject to appropriate confidentiality safeguards and to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits and pay Coach fees for Services provided; and
- We will use information about your racial and ethnic origin and information relating to your health, disabilities, religious, philosophical or moral beliefs or your sexual orientation, to ensure meaningful equal opportunity monitoring and reporting (where relevant) and to on-board you as a Coach and for administrating your contract of engagement with us.
9. Why we use special category personal information
We will use special categories of personal information collected about you because:
- you have provided your explicit consent;
- we need to do so to carry out our legal obligations (e.g. in the context of social security and social protection law) for example, complying with our obligations in line with our data protection policy;
- it is necessary for the establishment, exercise or defense of legal claims;
- where it is needed for reasons of substantial public interest, such as for equal opportunities monitoring, and in line with our data protection policy;
- exceptionally, where it is necessary for vital interests relating to you or another person (for example, avoiding serious risk of harm to you or others) and where you are not capable of giving
- consent; and
- where you have already made the relevant personal information public.
10. Information about criminal convictions
We do not currently collect information about criminal convictions via background screening. We will only collect information about criminal convictions via background screening with your consent, and only if it is appropriate given the nature of the role and where we are legally able to do so. When applicable, we will collect information about criminal convictions as part of the recruitment process or we may be notified of such information directly by you. In addition, where it is appropriate in relation to certain roles, we will also check criminal convictions periodically.
We will use information about criminal convictions and offenses in the following ways:
- assessing suitability for a regulated role;
- where it is necessary to protect your interests, our interests and those of our employees or to protect clients and other third parties from theft, fraud and similar risks; and
- where it is necessary in relation to legal claims.
We are allowed to use your personal information in this way where it is necessary, for example to comply with applicable laws or regulations, and in accordance with our data protection policy.
11. Automated decision making
We make automated decisions on certain matters. For example, following a system search, an automated decision will be reached on whether to continue to engage you as a Coach and for work assignment purposes. If you disagree with the decision you are entitled to contest this by contacting us.
12. Information that we share
We will share your personal information with companies, organizations and individuals inside and outside of our affiliates as follows:
- to our employees and affiliates, in particular the United States, where our headquarters are located and any other country in which we or any of our affiliates have offices, for administrative, management and accounting purposes, and as part of our regular reporting activities on company performance, in the context of a business reorganization or restructuring exercise, for system maintenance support and hosting of data (subject to us taking reasonable measures to ensure that your information is kept secure at all times);
- to suppliers, vendors and contractors who perform services and process your personal information for us for the purposes listed above, based on our instructions including carrying out processing on our behalf such as (a) pre-engagement screening providers, (b) payment providers, (c) benefit providers , (d) IT and Platform administrators, (e) training providers, (f) auditors, (g) building security providers, (h) consultants and other professional advisers, and (i) the sub-processors listed here: http://www.LingoLive.com/Subprocessors;
- Future and prospective employers;
- Competent authorities (e.g. tax authorities), courts and otherwise as required by law.
- to companies, organizations or individuals outside of our affiliates if we have a belief in good faith that disclosure of the information is reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental or regulatory request, for example to public authorities/bodies (for tax and social security administration);
- enforce any contract/agreement you have with us, including investigation of potential violations or breaches of your obligations under of the same;
- detect, prevent or otherwise address fraud, security or technical issues;
- provide potential acquirers or purchasers with information in relation to disposal of any of our or our affiliated companies’ business or assets;
- provide other affiliated companies with your information in the context of a restructuring of the business; or
- protect against harm to the rights, property or safety of us or our affiliated companies, our employees, contractors, customers or the public, as required or permitted by law.
13. Retention and security of your information
We will only retain your personal information 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.
In general terms this means that we will retain your personal information for the duration of your engagement with us as a Coach and for the length of any applicable limitation period for claims which might be brought against us later (e.g. 6 years in the UK). There are also certain types of information, such as tax records, which require to be retained for a certain period by law.
In some circumstances we may anonymize your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.
We follow strict security procedures as to how your personal information is stored and used, and who sees it, to help stop any unauthorized person accessing it.
14. Where your information will be held
Your data will be processed by us in the United States which does not have equivalent data protection laws to those applicable in the EU.
We are subject to and will be fully compliant with applicable data protection laws in the EU, however, wherever we transfer your personal data to a third party (whether in the US or elsewhere) that does not have the same level of data protection as the EU, we will ensure the appropriate safeguards (such as Standard Contractual Clauses) as set out in applicable EU data protection law are in place. If applicable, a copy these Standard Contractual Clauses can be requested from us by emailing Privacy@LingoLive.com.
15. Your rights
You have a number of rights in relation to our handling of your data. These include the following:
- Access: you are entitled to ask us if we are processing your information and, if we are, you can request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it;
- Correction: you are entitled to request that any incomplete or inaccurate personal information we hold about you is corrected;
- Erasure: you are entitled to ask us to delete or remove personal information in certain circumstances. There are also certain exceptions where we may refuse a request for erasure, for example, where the personal data is required for compliance with law or in connection with claims;
- Restriction: you are entitled to ask us to suspend the processing of certain of your personal information about you, for example if you want us to establish its accuracy or the reason for processing it;
- Transfer: you may request the transfer of certain of your personal information to another party;
- Objection: where we are processing your personal information based on a legitimate interest (or those of a third party) you may object to processing on this ground. However we may be entitled to continue processing your information based on the our legitimate interests;
- Automated decisions: you may contest any automated decision made about you where this has a legal or similar significant effect and ask for it to be reconsidered.
If you want to exercise any of these rights, please contact our privacy team in writing at Privacy@LingoLive.com.
You also have a right to lodge a complaint with a supervisory authority, in particular in the Member State in the European Union where you are habitually resident, where you work or where an alleged infringement of Data Protection law has taken place. In the UK you can make a complaint to the Information Commissioner’s Office (Tel: 0303 123 1113 or at ico.org.uk).
16. Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection and processing of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact please contact our privacy team in writing at Privacy@LingoLive.com.
17. Questions or complaints
We have appointed a privacy team to oversee compliance with this Privacy Notice. If you have any questions about this Privacy Notice or how we handle your personal information, or any complaints please contact the privacy team in the first instance at Privacy@LingoLive.com.
18. Changes to this notice
This Privacy Notice will be changed from time to time.
If we change anything important about this Privacy Notice (the information we collect, how we use it or why) we will notify you.
If you would like to access previous versions of this Privacy Notice please contact the privacy team at Privacy@LingoLive.com.
If you have any questions about the use of your personal data please contact the privacy team at Privacy@LingoLive.com.
Information relating to you
- Personal identifiers such as title, name, date of birth, age, gender, home address, personal email address, telephone number and where applicable, national tax ID, social security number, National Registration Identity Card (NRIC) and Foreign Identification Number (FIN).
- Session content such as video and/or audio recordings of one-to-one language and communication coaching session data, assessment information and scheduling information.
- Resume/CVs/Job Application which will include information on your education and training details such as qualifications, certifications, academic records, schools, training record, professional expertise, LinkedIn URL/LinkedIn profile information, cultural or travel experience, language skills and fluency levels and volunteer experience.
- Information relating to your online usage and presence such as internet upload and download speed at the location from which you intend to provide services.
- Personnel records which includes offer letters, recommendations, policy acknowledgements, Coach engagement/consultancy/supply of services agreements, Coach licenses and certifications, termination of Coach engagement letters, interview notes and severance agreements, metrics for evaluating the results of your work, leave requests and absence records, and disciplinary and grievance records.
- Information provided as part of the Coach engagement process.
- Coach engagement details such as contractor status, title(s) and description of role or services provided, Coach ID, number of lessons provided to the company, available working hours, desired working hours, Coach location, language coaching session location, engagement start date, termination date, individual photo, and organizational details such as name of company, work email, work Skype handle, intranet user log in.
- Information provided as part of your community manager check-ins which includes notes on personal check-ins between you and your community manager/s (e.g. information about your nationality, ethnic origin, background and family).
- Financial information such as Coach fees and compensation history, general communications related to payment of Coach fees, pay, pay cheque information, bank account information.
- Records generated by and in relation to investigations of misconduct allegations or for the general purpose of collecting facts or other information.
Information relating to your family
- Emergency contact person(s) and their contact details.
- Marital status, number and identity of dependents and spouse (if any).
Information relating to your use of our information and communications systems
Records of your use of our IT systems and the Platform, including email, video conferencing and other communication systems used for the delivery of Lingo Live services
Information about criminal convictions
Special categories of personal data
We may also collect, store and use the following “special categories” of personal information:
- Racial and ethnic origin and information relating to disabilities, religious beliefs or sexual orientation for equal opportunities monitoring (where relevant).
- Physical or mental health or condition (e.g. health and attendance records, records of drugs and alcohol testing, medical exams and records resulting from sickness absence or injuries at work and accidents as well as medical records required by law or governmental agencies).
- Immigration/Naturalization records for Coaches where this discloses racial/ethnic origin information.