The following pages create the terms and conditions of a contract between you and us which covers (a) your use of our website and (b) how we make our learning program available to you.

Contract

The following terms and conditions (the "Terms") apply to our provision and your use of the information, services and materials ("Online Content and Courses") through the Shalby' Shalby site (the " Shalby website") including you visiting and browsing the Shalby site (being a "Visitor") and registering with Shalby as a student (a "Learner").

These Terms should be read alongside, and are in addition to our policies, including our privacy policy (the “Policies”).

Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the Shalby site and the Online Content and Courses immediately.

About Us

• In these Terms, references to “ Shalby” or “us” are to Shalby Limited, a company registered under the Indian Companies Act, 1956 Shalby Limited, a company registered under the Companies Act 1956 and having its registered office at Shalby Hospitals, Opposite Karnavati Club, SG Highway, Ahmedabad, Gujarat-380015 (hereinafter referred to as “Shalby” or “Partner”) which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns)
• In these Terms, references to “you” or “your” are references to you whether as a Learner or Visitor.
• If you have any questions about these Terms or wish to contact us for any reason please click on “support”, which can be found on the Shalby site.

Use of the Shalbysite (Learner Conduct)

• By using this Shalby site and the Online Content and Courses, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time). Use of the Shalby site and access to the Online Content and Courses by anyone under the age of 13 is strictly prohibited.
• Your use of and access to this Shalby site and the Online Content and Courses are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
• You agree to use the Shalby site and access the Online Content and Courses only for lawful purposes and your use of the Shalby site and Online Content and Courses is in no way unlawful or fraudulent, and does not have the intention or effect of damaging us or our Institutional Partners either reputationally or financially;
• You agree not to use or access the Shalby site or the Online Content and Courses for the purpose of harming or attempting to harm minors in any way;
• You agree not to distribute all or any part of the Shalby site or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Shalby site and permitted by these Terms including, without limitation, under section 5.10;
• You agree not to alter or modify any part of the Shalby site or the Online Content and Courses;
• You agree not to access the Shalby site or Online Content and Courses through any technology other than the software provided by us or enabled via API’s or other generally available third-party Shalby browsers such as Chrome, FireFox or Internet Explorer;
• You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Shalby site or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Shalby site or access to the Online Content and Courses;
• You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• You agree not to use or access the Shalby site or Online Content and Courses for any commercial uses or for the benefit of any third party, including but not limited to:
• the sale of access to the Online Content and Courses or any associated content;
• the solicitation of business in the course of trade or in connection with a commercial enterprise; and
• the solicitation of any Visitors or Learners of the Shalby site with respect to their content for commercial purposes;
• You agree to use the Shalby site and access the Online Content and Courses in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Shalby site, Online Content and Courses;
• You agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Shalby site or Online Content and Courses;
• You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
• You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Shalby site (including without limitation the Online Content and Courses) for any other purpose other than as permitted by these Terms without our prior written consent;
• You agree not to use the Shalby site or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any Shalby’ server or the network(s) connected to any Shalby’ server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Shalby site;
• You agree not to use any high volume, automated, or electronic means to access the Shalby site or the Online Content and Courses (including without limitation robots, spiders or scripts);
• You agree not to frame the Shalby site or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
• You agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
• You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Shalby site; and
• You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and the Policies).
• You agree to comply with these Terms in relation to any Learner Content (as defined in paragraph 5.1 below) provided by you in connection with the Online Content and Courses and in connection with the ability to post messages (as further detailed in paragraphs 5.5 to 5.8 below).
• Shalby grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Shalby reserve the right to revoke these exceptions, either generally or in specific cases.
• You acknowledge and agree that the form and nature of the Shalby site and Online Content and Courses which Shalby provide may change from time to time without prior notice to you.
• Whilst Shalby do all Shalby can to ensure that the Online Content and Courses are of a high standard, you understand and acknowledge that, in using the Shalby site and Online Content and Courses, you may be exposed to content from our Partner Institutions that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. Shalby are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
• You acknowledge and agree that Shalby may stop (permanently or temporarily) providing the Shalby site, Online Content and Courses (or any part of the Online Content and Courses) to you or to Learners generally for whatever reason, at our sole discretion, without prior notice to you.
• You agree that you are solely responsible for (and that Shalby have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which Shalby or any third party may suffer).

Registration and Accounts

• Any Visitor can view the Shalby site, but in order to participate fully in all activities on the Shalby site and take part in the Online Content and Courses, you must register for a personal account on the Shalby site (a “Learner Account”) by providing a name, an email address and a password or through an existing Gmail or Facebook account. You agree that you will never divulge or share access or your access information to your Learner Account with any third party for any reason.
• In setting up your Learner Account, you may be prompted or required to enter additional information, including date of birth, location and any other information that will help other Learners get to know you and help us to tailor the services to suit you.
• You undertake to us that all information provided by you in relation to your Learner Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
• By registering with Shalby for a Learner Account, you agree (in addition to the Acceptable Use Conditions above) that you:
• are, and will continue to be, registered for the Shalby site only once and will not set up multiple Learner Accounts;
• will not let anyone else use your Learner Account;
• will not cheat on any assignment or exam relating to the Online Content and Courses, nor share solutions to homework assignments or exams; and
• Will notify the administrators of the relevant Online Content and Courses (the “Course Administrator”), immediately if you become aware of any other Learner cheating or breaching these Terms.
• If you are disqualified for any reason under paragraph 3.4(a), (b) or (c), Shalby may prohibit your access or participation in the Online Content and Courses.

Licence to use

• Subject to your compliance with these Terms, Shalby grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and licence:
• to access, internally use and display the Shalby site and Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these Terms; and
• To download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.
• You must abide by all copyright notices or restrictions contained on the Shalby site or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the Shalby site or the Online Content and Courses.

Your Content

• Throughout your use of the Shalby site and the Online Content and Courses, you may be able to provide content to the Shalby site by uploading notes and replies, Learner discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “Learner Content”).
• With respect to any Learner Content you submit to us or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such Learner Content on the Shalby site and/or in the Online Content and Courses, with the right to sublicense such rights for any purpose associated with the provision of the Shalby site and the Online Content and Courses. Shalby reserve the right to remove any Learner Content without notice at any time and for any reason.
• To the extent that you provide any Learner Content, you represent and warrant that:
• you have all necessary rights, licences and/or clearances to provide such Learner Content and permit us to use and publish such Learner Content as provided in paragraph 5.1 and 5.2 above;
• such Learner Content is accurate and complete to the best of your knowledge and belief;
• as between Shalby and you and us, you are responsible for the payment of any third party fees related to the provision, publication and use of such Learner Content; and
• such use and/or publication of your Learner Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.
• With respect to any submissions of Learner Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
• The Shalby site and/or the Online Content and Courses may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications to third party service providers, other Learners and/or us.
• You agree to use communication methods available on the Shalby site and/or the Online Content and Courses only to send communications and materials related to the subject matter for which Shalby (or any applicable educational partner) provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms, the Policies and our Code of Conduct.
• By using any of the communications methods available on the Shalby site and/or the Online Content and Courses, you agree that:
• all communications methods constitute public, and not private, means of communication betShalbyen you and any other parties;
• communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and
• most content will be reactively moderated if flagged by Learners or Visitors, but Shalby reserve the right to pre-review or post-review Learner Content to ensure that it complies with generally acceptable standards of communication.
• Additionally, through such communication methods set out in paragraph 5.7 above, Shalby may make certain types of services available to you, such as chat room services that allow you to communicate with our staff members and/or staff members of our Partner Institutions.
• You acknowledge and agree that the services set out in paragraphs 5.5 to 5.8 above (including without limitation chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.
• Any Learner Content that is published on the public discussion areas of the Shalby site (for example, the forums or areas where posts are made) will be subject to a Creative Commons Licence. Shalby will not make available any Learner Content related to your assignments or assessments.

Copyright Policy

• It is our policy that any content included on the Shalby site or within the Online Content and Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Shalby site as soon as possible after Shalby are made aware of such infringement or potential infringement.
• If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Shalby site by emailing a Copyright Infringement Notice to copyright- ___________________, containing minimum details including the explanation as to how the content infringes your intellectual property rights.
• Shalby will take whatever action, in our sole discretion, Shalby deem appropriate, including the removal of the challenged content.
• Shalby will, acting in our sole discretion, terminate Learner Accounts and access to the Shalby site and Online Content and Courses if a Learner has been notified of infringing activity twice or more (regardless of whether the Learner has taken appropriate action as Shalby may direct.

Cancellation Policy

• You hereby agree and undertake to pay all the applicable fees in full as may be prescribed by us. You agree and acknowledge that any and all the payments made by you under this Agreement are non-refundable and non-rebatable, where you wish to cancel, once enrolled / registered with us.
• It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. Shalby are unable to provide refunds where your access to the Course Content is inhibited due to insufficient system requirements.
• Your payment includes the licensing of the Products for a limited period of time that is appropriate for the eLearning content. Shalby are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion.
• Shalby may restrict your access to the Course Content if you breach these terms, including without limitation:
• A failure to make any payment due to us; or
• Failure to provide accurate information that is necessary for us to provide the access to you

Privacy and Security

• Shalby respect your right to privacy. Please see our Privacy Policy for full details.

Linking to Other Sites

• The Shalby site may contain links to pages on other Shalby sites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
• Shalby do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
• Shalby have no responsibility for the accuracy or availability of information provided by Linked Sites; and
• Shalby do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
• Shalby may remove any links to Linked Sites from the Shalby site at any time for any reason.
• Shalby will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
• Shalby appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. Shalby respect those rights and provide the links for information purposes only. The fact that Shalby have linked to any Linked Site does not create or imply any relationship or partnership between Shalby and us and the operator of such Linked Site.

Shalby' Intellectual Property Rights

• Shalby are the owner or the licensee of all necessary intellectual property rights in all aspects of the Shalby site and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence in paragraph 4 above. Unless otherwise stated, copyright in the Online Content and Courses belongs to the relevant Partner Institution providing the Online Content and Courses.
• Shalby own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Shalby site (“Shalby’ IPR”).
• If any Online Content and Courses IPR or Shalby’ IPR vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses IPR or Shalby’ IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content and Courses IPR or Shalby’ IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Courses or the Shalby site.
• You agree to sign and provide all such deeds, documents, acts and things as Shalby may reasonably require in order to assign any Online Content and Courses IPR and/or Shalby’ IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.

Your Liability to us

• You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
• you submitting Learner Content to the Shalby site or participating in the Online Content and Courses;
• your access to or use of the Shalby site or Online Content and Courses;
• your breach of any of these Terms; and
• Any negligent act or omission, deliberate default or breach of statutory duty on your part.
• Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
• This paragraph 11 survives the expiry of these Terms.

Our Liability to you

• Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.
• The Shalby site and the Online Content and Courses are provided to you “as is” and Shalby make no warranty or representation to you with respect to them.
• Shalby exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. Shalby accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
• any loss of profit (directly or indirectly);
• any loss of goodwill; and
• any loss of opportunity.
• Shalby provide the Online Content and Courses on the Shalby site in good faith but give no warranty or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet neither your requirements, nor that the Shalby site does not infringe the rights of any third party. Shalby accept no responsibility or liability for your use of Online Content and Courses on the Shalby site and your use is entirely at your own risk. While Shalby take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Shalby site, Shalby accept no liability for them.
• Information transmitted via this Shalby site will pass over public telecommunications networks. Shalby make no representation or warranty that the operation of this Shalby site will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
• Shalby accept no responsibility for any loss or damage incurred by you as a result of:
• any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction bet Shalby you and any advertiser or sponsor whose advertising appears on the Shalby site or in relation to the Online Content and Courses;
• any changes which Shalby may make to the Shalby site or Online Content and Courses, or for any temporary interruptions in the provision of the Shalby site or Online Content and Courses;
• the deletion of, corruption of, or failure to store, any Online Content and Courses and other communications data maintained or transmitted by or through your use of the Shalby site;
• your failure to provide us with accurate account information; or
• your failure to keep your account details secure and confidential.
• Shalby reserve the right to suspend your use of the Shalby site and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.
• Shalby may terminate your Learner Account or access/use of the Shalby site with immediate effect:
• if Shalby reasonably believe you or any Learner you are connected with are in breach of any of these Terms;
• in order to prevent any fraudulent, unlawful or abusive activity; or
• if it is necessary to prevent or stop any harm or damage to us, other Learners of the Shalby site or the general public

Governing Law

• These Terms, your use and access to the Shalby site, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of India.
• Any or all disputes arising between Shalby and you and us (whether contractual or non-contractual) in connection with your access and use of the Shalby site, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of State of Ahmedabad. For any dispute between Shalby and you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that Shalby are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, Shalby both agree to submit to the exclusive jurisdiction of the courts of State of Ahmedabad to resolve any such dispute.
• Notwithstanding paragraph 13.2, you agree that Shalby are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.

Changes to the Shalby site and these Terms

• Shalby may update or amend these Terms (as Shalby as our Policies or and other guidance Shalby issue) from time to time to comply with law or to meet our changing business requirements. When Shalby update our Terms or Policies, Shalby will take appropriate measures to inform you, consistent with the significance of the changes Shalby make. Any updates or amendments will be posted on the Shalby site.
• For any operational, regulatory, legal or other reason, Shalby reserve the right to modify, suspend or discontinue all of the Online Content and Courses with or without notice to you and Shalby will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Shalby site, you agree to be bound by the terms of these updates and amendments.

Other Important Terms

• If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
• Only you and Shalby are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms.
• Shalby may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.
• These Terms, the Policies and the Code of Conduct set out the entire agreement between Shalby and you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right Shalby may have under these Terms does not constitute a waiver by us of that right.

Shalby respect your right to privacy. This Privacy Policy sets out details of the information that Shalby may collect from you and how Shalby may use that information. This Privacy Policy should be read alongside, and in addition to, the Terms and the Cookies Policy. Please read this Privacy Policy carefully. Unless otherwise defined in this Privacy Policy, terms used have the same meaning as in the Terms.

About Us

• In this Privacy Policy, references to "we" or "us" are to Shalby Limited, a company registered under the Companies Act 1956 and having its registered office at Shalby Hospitals, Opposite Karnavati Club, SG Highway, Ahmedabad, Gujarat-380015 (hereinafter referred to as “Shalby” or “Partner”) which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) who will be the controller of any personal data processed as described in this Privacy Policy.
• If you have any questions about the terms of this policy please click on "support", which can be found on the Website.

Utilization of Website and Online Course Content

• This Privacy Policy applies only to your use of the Website and Online Courses and Content. Partner Institutions who provide the Online Courses and Content or other linking sites found on the Website may also gather information and you should consult those other parties’ privacy policies as appropriate and applicable.

Assimilation of Information

• When you access the Website via any means, use the Online Courses and Content, register or post notes, assignments or other material, respond to or participate in any survey or questionnaire sent to you by us, provide comments via the support button, or make a purchase through the Website, Shalby may collect, store and use certain of your personal information in line with this policy. Shalby may also ask you for information when you report a problem with the Website or the Online Courses and Content.
• To register or make a purchase on the Website, Shalby ask for your name and email address. As part of your Learner profile you may also provide your location and other information that will help other learners get to know you and help us to tailor the service to suit you. Shalby may also ask you about your gender and educational history or qualifications in order to understand more about you (responding to these questions will always be optional, however). Shalby will also store the results of your assessments relating to Online Courses and Content. When you make a purchase, our payment service provider, will also collect and process your credit card or other payment details. If you contact us, Shalby may also keep a record of that correspondence.
• Shalby may also collect data relating to your visits to the Website that cannot identify you but records your use of our Website and Online Courses and Content including, for example, details of how long you have used the Website and the Online Courses and Content for.
• Shalby may also collect your computer’s IP address in order to help us tailor the service to your location.
• If you elect to verify your identity through our Website, our identity verification partner will receive directly from you, process and store your personal information and identity documentation for this purpose. Our identity verification partner may store your information for a maximum of 5 days for the sole purpose of resolving user support issues. Upon successful verification of your identity, Shalby will store only the name given on your identification documentation; if you participate in a credit bearing course or Program, Shalby may share the confirmation that Shalby have received from our provider with the relevant course provider or accrediting organisation to allow you to receive credit.
• Finally, Shalby may receive information about you from third parties (such as credit reference agencies) who are legally entitled to disclose that information.

You Confirm: -

• By accessing the Website via any means, using the Online Courses and Content, registering or posting notes, assignments or other material, providing comments via the support button, or making a purchase via the Website, you agree that your personal information may be collected, stored, used and shared by us and our partners, course and content providers, or third parties Shalby work with, for any of the following purposes:
• (a) to provide, maintain, protect and improve the quality of the Website and the Online Courses and Content Shalby offer, including by conducting anonymised market research, and to protect us and our users;
• (b) to provide you with a personalised browsing experience when using the Website;
• (c) to fulfil any contractual agreements between you and us;
• (d) if you have paid to take part in an Online Course, to send you details of our other products and services which Shalby think may interest you, unless you opt out as described at paragraph 9.1(c) below. You can control your email preferences on the settings page;
• (e) to tailor our advertising on social media to your use of the Website;
• (f) to manage your Learner account that you hold with us;
• (g) to allow you to use the full range of features on or via our Website;
• (h) to send you course-specific email notifications and updates about Online Courses and Content you are enrolled on;
• (i) to comply with legal and regulatory requirements;
• (j) to contact you occasionally in order to invite you to share your opinions and experiences of AMSL;
• (k) to allow universities and other partner institutions that provide Online Courses or Content to perform academic research (as more fully set out in paragraph 11 below);
• (l) if you are taking Online Content and Course for credit, certification and/or another formal recognition of learning (“Accreditation”), to allow the applicable university and/or other partner institution to monitor your progress and award you with the relevant Accreditation as required;
• (m) to collect, moderate and present reviews and ratings of our Online Content and Courses to be published on our Website; and
• (n) In order to provide third party goods or services available through our Website, including (but not limited to) confirmation of the Courses you have participated in and/or the award you have achieved as a result (if applicable) for accreditation or CPD purposes.
• Shalby may use your email address to send you course notices and updates about our Services. You can control your email preferences on the settings page.
• With your permission and/or where permitted by law, Shalby may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone with information, news, and offers on the relevant Online Course and Content. You will not be sent any unlawful marketing or spam. Shalby will always work to fully protect your rights and comply with our obligations under the applicable laws, and you will always have the opportunity to opt-out.

Storage of Information

• All information is stored on our secure servers. When you register, Shalby will ask you to choose a password which enables you to access the Online Courses and Content. You are responsible for keeping this password confidential. Shalby ask you not to share this password with anyone.
• In addition, Shalby (or third parties acting on our behalf) may also store or process information that Shalby collect about you. Shalby have put in place technical and organisational security measures to prevent the loss or unauthorised access of your personal information. However, whilst Shalby have used our best efforts to ensure the security of your data, please be aware that Shalby cannot guarantee the security of information transmitted over the Internet.

Legal Basis for Processing your Information

• Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which Shalby collect it.
• However, Shalby will normally collect personal information from you only (i) where Shalby have your consent to do so, (ii) where Shalby need the personal information to perform a contract with you, or (iii) where the processing is in our legitimate interests and not overridden by your rights. In some cases, Shalby may also have a legal obligation to collect personal information from you.
• If Shalby ask you to provide personal information to comply with a legal requirement or to perform a contract with you, Shalby will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as the possible consequences if you do not provide your information).
• Similarly, if Shalby collect and use your personal information in reliance on our legitimate interests (or those of any third party), Shalby will make clear to you at the relevant time what those legitimate interests are.

Disclosure of your Information

• Shalby may disclose your personal information to third parties when permitted by law including:
• (a) with your consent;
• (b) to our suppliers in order for them to help us provide our services to you, this includes:
• Universities and other partner institutions that provide Online Courses or Content;
• Our provider of customer relationship management services (which allows us, for example, to send personalised email communications to you);
• Our provider of file storage and management services if you email us directly;
• Our payment services provider (as discussed at paragraph 3.2 above) when you make a purchase to process your payment;
• Our identity verification partner (as discussed at paragraph 3.5 above) to verify your identity where you choose to select this option;
• Our customer service software if you contact our support team; and
• Our third party review and ratings partner, who assists us with collecting and moderating your review and rating of our Online Content and Courses; and
• Providers of assessments and marking services when you sign-up for an assessment or submit a piece of work for marking.
• These suppliers’ use of your personal data may be subject to their own privacy policies, which are available on their websites, and which Shalby suggest you familiarise yourself within the relevant circumstances set out above.
• (c) If Shalby sell or buy any business or assets, in which case Shalby may disclose your information to the prospective seller or buyer of such business or assets, provided that they continue to use your information substantially in accordance with the terms of this Privacy Policy;
• (d) If all, or substantially all of our assets, are acquired by a third party provided that they continue to use your information substantially in accordance with the terms of this Privacy Policy, in which case information held by us will be one of the transferred assets; and
• (e) If Shalby are under a duty to disclose or share your information in order to comply with any legal obligation, or in order to enforce or apply our Terms and other agreements; or to protect our rights, property, or safety, our users, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Data Retention

• Shalby retain personal information Shalby collect from you where Shalby have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
• When Shalby have no ongoing legitimate business need to process your personal information, Shalby will either delete or anonymised it or, if this is not possible (for example, because your personal information has been stored in backup archives), then Shalby will securely store your personal information and isolate it from any further processing until deletion is possible.

You’re Rights

• You have the following data protection rights:
• (a) You can edit your personal details via your profile page whenever you wish. Shalby maintain a procedure in order to help you confirm that your personal information remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our partners.
• (b) In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the "Contacting Shalby Ltd" heading below.
• (c) You may unsubscribe from certain email communications by following the Unsubscribe link in the email communication itself. You may also update your personal information by logging into the Website and visiting your Learner account page. You may also email us at [email protected] in order to access, correct, or update your personal information on our systems. Shalby will answer every email as promptly as possible.
• (d) Similarly, if Shalby have collected and process your personal information on the basis of your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing Shalby conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• (e) If you have any privacy-related questions or unresolved problems, you may contact us using the information provided at paragraph 13 below.
• (f) The Website may, from time to time, contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies. Please check these policies before you submit any personal information to these websites.

Cookies

• The Website uses cookies to enhance your experience and to better understand how people use the Website. This may also include cookies from third party social media websites. Cookies are small files stored on your computer’s hard drive which are used to collect your personal information. Our Partner Institutions may also use cookies over which Shalby has no control. You may choose to refuse cookies but, if you do so, some of the functionality of the Website or Online Courses may no longer be available to you. You can change your cookies settings at any time by following the instructions below.
• Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.allaboutcookies.org. Find out how to manage cookies on popular browsers:
• Google Chrome
• Microsoft Edge
• Mozilla Firefox
• Microsoft Internet Explorer

Research

• The universities and other partner institutions that provide Online Courses or Content on the Website carry out academic research as they are dependent on research funding in order to develop and provide Online Courses.
• Your activities on an Online Course are shared with the course provider for academic research purposes. This includes the comments you make where you may disclose certain personal information about yourself.
• Even though Shalby never associate your comments, information or other course activity with any of your public user profile information (such as name or profile picture) in the datasets Shalby share with the course provider, it may still be possible to identify you by (a) the content of your comments or (b) finding the actual comment on the Website and seeing the user associated with it; (c) matching pseudonymised identifiers to an individual. Shalby want you to feel comfortable sharing any comments with us and other Learners on the Website, and Shalby confirm that all our course providers who conduct research will never associate your comment or your activity with your user account by method (b) above and will always treat any personal data in strict accordance with applicable laws and the guidelines.
• If a course provider wants to quote a comment you have made in their research, they will identify you and your account only for the purpose of obtaining your permission. The restriction against associating the existing datasets shared with the partner, with your user account is still not permitted in accordance with paragraph 11.3 above.

Links to Third Party Websites

• When clicking on a link within a course step or in a course email, you will be taken to a third party website, the use of which has been arranged by and is the responsibility of the course providing organisation.
• On this website you may be asked to submit some information about yourself. Please make sure you are familiar with the terms and conditions and privacy policy of the third party website before submitting your information.
• The course providing organisation will only use your personal information for the purpose stated in the course and in accordance with the terms of the third party website.
• Whether you follow a link in a course and submit your personal information or not, your course progress will in no way be affected. Nor will your course marks or profile.

Updating this Privacy Policy

• Shalby may update or amend this Privacy Policy from time to time, to comply with law or to meet our changing business requirements. When Shalby update our Privacy Notice, Shalby will take appropriate measures to inform you, consistent with the significance of the changes Shalby make. Any updates or amendments will be posted on the Website. By continuing to access the Website, using the Online Courses and Content or providing content in connection with the Online Courses and Content, your access and use will be subject to these updates and amendments.

Contacting Shalby Academy

• If you have any questions, comments or complaints about this Privacy Policy, please contact us using the details aforesaid Shalby Corporate Office with its Email: [email protected]