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Skillville Terms of Service
Last updated: 12 June 2018
These Terms of Service constitute a legally binding agreement between you and Skillville Ltd. (“Company” or “Skillville”) governing your use of the Skillville Platform (as defined below), Company’s website (https://www.skillville.io and https://skill-ville.sharetribe.com) or the “Sites”). The Skillville platform and related services provided by Company, and the Sites including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Tutors and Students in relation to the services, together are hereinafter collectively referred to as the “Skillville.”
A few highlights of these Terms of Service include:
- You agree that the Skillville Platform is provided “as is” and without warranty.
- Your agreement that Company has no liability regarding the Skillville Platform or the performance of Lessons except as may be expressly set forth in this Agreement.
- Your acknowledgement and agreement that you, and not Skillville, scope, supervise, direct, control, and monitor a Tutor’s work and the lessons.
- Your consent to release Company from liability based on claims between Users.
- Your agreement to indemnify Company from claims due to your use or inability to use the Skillville Platform or content submitted from your account to the Skillville Platform.
1. The Skillville Platform Connects Tutors and Students
The Skillville Platform is a web-based communications platform which enables connections between Students and Tutors. “Students” are individuals and/or businesses seeking to obtain services from Tutors (“Lessons”) from Tutors, and are therefore students of Tutors, and “Tutors” are individuals and/or businesses seeking to perform lessons for Students. Students and Tutors together are hereinafter referred to as “Users.” If you agree on the terms of a lesson with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
Tutors are independent contractors and not employees, partners, agents, joint ventures, or franchisees of Company. Company does not perform Lessons and does not employ individuals to perform Lessons. Users hereby acknowledge that Company does not supervise, direct, control or monitor a Tutor’s work. Skillville is not responsible for the work and therefore has no responsibility or liability for the work performed on the lessons in any manner, including but not limited to a warranty or condition or good services, warranty of fitness for a particular purpose, or compliance with any law, regulation, or code.
The Skillville Platform only enables connections between Users for the fulfillment of Lessons. Skillville is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Lessons, Tutors, Students, nor of the integrity, responsibility, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Lessons requested or services provided by, or the communications of or between, Users identified through the Skillville Platform, whether in public, private, or offline interactions or otherwise howsoever.
2. User Vetting and User Representations and Warranties
In accordance with Skillville’s policy, Users may be subject to an extensive vetting process before they can register for and during their use of the Skillville Platform, including but not limited to a verification of identity, right to work checks and criminal background checks, using third party services as appropriate (“Identity Checks”). Skillville will conduct Identity Checks as appropriate, in accordance with Company policy and applicable laws.
Although Skillville may perform Identity Checks, Company is not required to do so and cannot confirm that each User is who they claim to be. Skillville uses third party services to perform checks and therefore Skillville cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the Skillville Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Skillville will not be liable for any false or misleading statements made by Users of the Skillville Platform. Neither Skillville not its parents, affiliates, or licensors, including their respective directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, successors and assigns (hereinafter referred to collectively as “Skillville and Affiliates”), is responsible for the conduct, acts, or omissions, whether online or offline, of any User of the Skillville Platform and you hereby release Skillville and Affiliates from any and all liability, claims, demands, or damages or every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such use of the Skillville Platform.
User Representations and Warranties
You represent and warrant that: (1) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the unrestricted right to work in the jurisdiction in which you reside and accept each applicable Lesson without additional immigration approvals, and (3) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
You further represent and warrant that you have read, understand, and agree to be bound by these Terms of Service in order to access and use the Skillville Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Lesson or any interaction by or with any User and/or Company in connection with the Skillville Platform without the prior written consent of Company and/or the relevant User, as applicable. You further represent and warrant that you will fulfill the commitments you make to other Users, including paying/receiving payment through the Skillville Platform, performing the Lesson(s) agreed upon as between the Tutor and Student, communicating clearly and promptly through the chat thread and/or responding to invitations promptly, being present and/or available at the time you agree upon with your Tutor or Student as the case may be, and only utilizing the third party payment processing system specified or approved by us to make or receive payment for services provided through the Skillville Platform. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. You further represent and warrant that when using or accessing the Skillville Platform, you will act in accordance with any applicable national or international law, custom and in good faith.
You hereby warrant and represent that, other than as fully and promptly disclosed to Company as set forth below, you do not have any motivation, status, or interest which Company may reasonably wish to know about in connection with the Skillville Platform, including without limitation, if you are using or will or intent to use the Skillville Platform for any journalistic, investigative, or unlawful purpose; or if you have any potentially relevant unspent criminal convictions or cautions (other than minor fixed penalty parking or speeding offenses). You hereby warrant and represent that you will promptly disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Skillville Platform.
Tutors additionally represent and warrant that you will provide timely, high-quality services to your Students, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely.
3. Contract between Students and Tutors
You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Tutor with another User. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Skillville Platform, and any other contractual terms accepted by both the Tutor and their Student to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Skillville’s obligations or restrict Skillville’s rights under this Agreement. You agree that Skillville is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Skillville and the Tutor (or anyone else supplied by the Tutor), nor will it create an employment relationship between the Student and the Tutor or any such person. Company’s role is restricted solely to acting as a limited payment collection agent for the Tutor to facilitate payment on behalf of the Tutor through the Skillville Platform in respect of Lessons they perform. In acting as the limited payment collection agent for particular Lessons on the Skillville Platform, Skillville disclaims any other agency or authority to act on behalf of the Tutor, and assumes no liability for any acts or omissions of the Tutor, either within or outside of the Skillville Platform.
Where approved in advance by the Student, the Tutor is not obligated to personally perform the Services. Before any Lesson services are performed by any assistants, helpers, subcontractors or other personnel engaged by the Tutor (collectively “Assistants”), the Tutor shall require any such individuals to become fully registered, Tutors on the Skillville Platform. A Tutor’s failure to comply with this provision by bringing an Assistant who is not a registered Tutor could lead to removal from the Skillville Platform. The Tutor assumes full and sole responsibility for the acts and omissions of such Assistants, including without limitation the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable income tax and National Insurance Contributions withholdings as to the Tutor and all persons engaged by the Tutor in the performance of the Lessons.
While using the Skillville Platform, Students and Tutors, in their sole discretion, determine whether a lesson is performed and/or completed in person or via an alternative means whether over the phone or on the internet.
The Student shall pay their Tutor for completed Lessons through the Skillville payment system (as defined below) as indicated on the Skillville Platform at the rates agreed to by the parties in the Service Agreement. Each party agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Lesson. Both parties agree to notify Skillville of any disputes prior to negotiation of or filing of any claims, and to negotiate any dispute informally via Skillville representatives for at least thirty (30) days before initiating any proceeding. Skillville reserves the right to suspend or terminate any account or Lesson pending the resolution of any dispute.
4. Billing and Payment Policy
Users of the Skillville Platform contract for Lessons directly with other Users. Skillville will not be a party to any contracts for Lessons or services. Payment for Lesson services through the Skillville Platform is made directly from the Student to the Tutor via the Skillville payment system (see further details below), and not by Skillville. Skillville is not obligated to pay Tutors for Student’s failure to pay for services.
Users of the Skillville Platform will be required to provide their credit card and/or bank account details to Skillville and the Payment Service Provider (PSP) retained by Skillville (the “PSP”). Students are responsible for paying the agreed amount for a lesson at the point of confirming the lesson and the service fee Skillville assesses as payable for the use of the Skillville Platfirm, variable based on the Lesson payment amount. Tutors may be required to register with the Payment Service Provider, agree to terms of service PSP, and go through a vetting process at the request of the PSP to set up their account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, each Tutor agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Skillville is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Skillville has no obligations or liability to any Tutor or other party under the PSP Services Agreement.
To help prevent fraud and safeguard User information from the risk of unauthorized access, Company and/or the PSP may validate an account before activation. As part of the account validation, a very temporary charge may be placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary depending on the estimated value of the Lesson.
When Student and Tutor offers and receives confirmation through the Skillville Platform or via email that a Lesson has been completed, Student automatically authorises the PSP to process the Invoice. Users may be charged a one-hour cancellation fee through the PSP if you book (or accept) a Lesson, but cancel it before the scheduled time for performance.
Skillville reserves the right (but not the obligation), in its sole discretion, upon request from Student or Tutor, or upon notice of any potential fraud, unauthorized charges or other misuse of the Skillville Platform, to (i) place on hold any Tutor Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.
Lesson Payment and fees must be paid through the PSP as indicated on the Skillville Platform.
Users of the Skillville Platform will be liable for any taxes (including VAT, if applicable) required to be paid on the Lessons provided under the Agreement.
5. Contests, Gift Cards, and Promotional Codes,
Company may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Company, and shall be subject to separate contest terms.
Company gift cards (“Gift Cards”), and promotional codes (“Promo Codes”) may be available and can be used to pay Lesson Payments and Company service charges and platform fees in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips associated with a Lesson provided through the Skillville Platform.
(a) Promo Codes
Promo Codes are an offer by the Company to reduce the amount a Student has to pay in relation to a Lesson Payment, service fee, and/or platform fee. Promo Codes will not affect the amount of the Lesson Payment a Tutor ultimately receives. You agree that you will use Promo Codes in accordance with the terms of the Promo Code. Skillville reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that Company determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
(b) Gift Cards
Gift Cards can only be used in connection with Lessons performed on the Skillville Platform, are not replaceable if lost or stolen and have no expiration date. Gift cards, have no cash value and cannot be exchanged for cash except as required by law; Company may remit the cash associated with unused Gift Card balances if required by law. Gift Cards will not be directly accepted by Tutors as a payment method (you need to enter the Voucher into your account) and have no expiration date.
A Gift Card cannot be combined with any other Gift Cards, gift certificates or other Promo Codes. A Gift Card cannot be used as a credit or debit card. Company reserves the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” a Gift Card (i.e., you cannot add value/balance to your Gift Card at this time). If a Gift Card holder's purchase exceeds the amount of that Gift Card's balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Company reserves the right to correct the balance of a Gift Card if Company believes that a billing error has occurred. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.
6. Public Areas; Acceptable Use
The Skillville Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Skillville Platform, you should not share your personal contact information with other Users.
Without limitation, while using the Skillville Platform, you may not:
- Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Skillville staff, or use information learned from the Skillville Platform or during the performance of Lessons to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Skillville Platform;
- Use the Skillville Platform for any unauthorized purpose, including, but not limited to posting or completing a Lesson which is illegal or otherwise unlawful;
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Skillville;
- Upload files that contain viruses, Trojan horses, corrupted files or any other similar software that may damage the operation of another’s computer;
- Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
- Advertise or offer to sell any goods or services for any commercial purpose through the Skillville Platform which are not relevant to the Lesson services offered through the Skillville Platform;
- Conduct or forward surveys, contests, pyramid schemes, or chain letters;
- Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
- Post the same Lesson repeatedly (”Spamming”). Spamming is strictly prohibited;
- Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Skillville Platform;
- Restrict or inhibit any other User from using and enjoying the Public Areas;
- Imply or state that any statements you make are endorsed by Skillville, without the prior written consent of Skillville;
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Skillville Platform, or the personal information of others, in any manner;
- Frame or utilize framing techniques to enclose the Skillville Platform or any portion thereof;
- Hack or interfere with the Skillville Platform, its servers or any connected networks;
- Adapt, alter, license, sublicense or translate the Skillville Platform for your own personal or commercial use;
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Skillville and Affiliates;
- Upload content to the Skillville Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
- Use the Skillville Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Skillville Platform as set forth herein;
- Use the Skillville Platform to collect usernames and or/email addresses of Users by electronic or other means;
- Use the Skillville Platform or the Lesson services in violation of this Agreement;
- Use the Skillville Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes;
- Attempt to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the Skillville Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
- Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number; or
- Cause any third party to engage in the restricted activities above.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Skillville will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
7. Termination and Suspension
Skillville may terminate or limit your right to use the Skillville Platform at any time in the event we believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.
If Skillville terminates or limits your right to use the Skillville Platform pursuant to this Section 7, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If Company terminates or limits your right to use the Skillville Platform as a Client due to a User Breach, you will not be entitled to any refund of unused balance in your account.
Even after your right to use the Skillville Platform is terminated or limited, this Agreement will remain enforceable against you. Skillville reserves the right to take appropriate legal action.
Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Skillville Platform at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of the Skillville Platform. Company has the right to restrict anyone from completing registration as a Tutor if Company believes such person may threaten the safety and integrity of the Skillville Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Skillville Platform. All parts of this Agreement which by their very nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
8. Account, Password, and Security
You must register with Skillville and create an account to use the Skillville Platform (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Skillville for accessing the Skillville Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorised by you. If you are accessing and using the Skillville Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein. Skillville has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security, you must contact Skillville immediately.
9. User Generated Content
“User Generated Content” is defined as any information and materials you provide to Skillville, its corporate partners, or other Users in connection with your registration for and use of the Skillville Platform, including without limitation that information posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Skillville is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Skillville has no obligation to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Skillville platform at its sole discretion.
You hereby represent and warrant to Skillville that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not represent you being employed or directly engaged by or affiliated with Skillville or purport you to act as a representative or agent of Skillville; and (i) will not create liability for Skillville or cause Skillville to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
The Skillville Platform hosts User-Generated Content relating to reviews and ratings of specific Tutors (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Skillville, has not been verified or approved by Skillville and each Student should undertake their own research to be satisfied that a specific Tutor is the right person for a Lesson. You agree that Skillville is not responsible or liable for any Feedback or User-Generated Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.
You hereby grant Skillville a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the Skillville Platform.
Each Tutor who provides to Skillville any videotape, film, recording, photograph, voice, or any related instrumental, musical or other sound effects, in exchange for the right to use the Skillville Platform, hereby irrevocably grants to Skillville the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
- Exhibit, distribute, display, transmit, and broadcast on any and all media, including without limitation, the internet, any videotape, film, recording or photograph that such User provides to Company or that Company takes of Tutor, and use, reproduce, modify, or creative derivatives of such Tutor picture, silhouette and other reproductions of their phsyical lilkeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the "Phsyical Likeness);
- Reproduce in all media any recordings of such Tutor’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Skillville Platform;
- Use, and permit to be used, such Tutor’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Skillville Platform in any media; and
- Use, and permit to be used, such Tutor’s name and identity in connection with the Skillville Platform.
Each Tutor hereby waives all rights and releases Skillville and Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Tutor’s identity, likeness or voice in connection with the Skillville Platform.
Each Tutor acknowledges that Skillville shall not owe any financial or other remuneration for using the recordings provided hereunder by such Tutor, either for initial or subsequent transmission or playback, and further acknowledges that Skillville is not responsible for any expense or liability incurred as a result of such Tutor's recordings or participation in any recordings, including any loss of such recording data.
10. Links to Third-Party Websites
The Skillville Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Skillville or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Skillville Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Skillville does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Skillville is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Skillville has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Skillville platform at its sole discretion.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Skillville expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third-party links that may appear on the Skillville Platform. You hereby agree to hold Company harmless from any liability that may result from the use of links that may appear on the Skillville Platform.
As part of the functionality of the Skillville Platform, you may link your account with online accounts you may have with third-party service providers (such as Facebook) (each such account, a "Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Skillville Platform; or (ii) allowing Skillville to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Skillville and/or grant Skillville access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Skillville to pay any fees or making Skillville subject to any usage limitations imposed by such third-party service providers. By granting Skillville access to any Third-Party Accounts, you understand that (i) Skillville may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Skillville Platform via your account, including without limitation any friend lists, and (ii) Skillville may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Skillville Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Skillville’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Skillville Platform. You will have the ability to disable the connection between your account on the Skillville Platform and your Third-Party Accounts at any time, as set out below. Please note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers. Skillville makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Skillville is not responsible for any SNS Content.
11. Worker Classification and Withholdings
As set forth in Section 1, Skillville does not perform Lessons and does not employ individuals to perform Lessons. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Users do not have authority to enter into written or oral - whether implied or express - contracts on behalf of Skillville. Each User acknowledges that Skillville does not, in any way, supervise, direct, control or monitor a Tutor’s work or Lessons performed in any manner. Skillville does not set tutor’s work hours or location of work. Skillville will not provide any equipment, labour or materials needed for a particular Lesson. Skillville does not provide any supervision to Users.
The Skillville Platform is not an employment service and Skillville is not an employer of any User. As such, Skillville is not responsible for and will not be liable for any tax payment or withholding, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a User’s use of the Skillville Platform. Users agrees to indemnify Skillville and Affiliates from any and all claims, liabilities and reasonable costs arising from or in connection with:
- A Tutor being misclassified as an independent contractor or employee;
- Skillville being incorrectly held to be an employer or joint employer of a Tutor; or
- Any other relevant third-party claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits or any other employee benefits.
The Tutor assumes full and sole responsibility for all required and applicable income tax and National Insurance Contributions withholdings as to the Tutor and all persons engaged by the Tutor in the performance of the Lesson services.
Tutors determine what categories they are qualified to teach in and scope the Lesson directly with their Student. Skillville does not oversee, monitor or direct how a Tutor performs a Lesson, does not monitor Lessons or chat threads between Users, and does not otherwise oversee or assume responsibility for the actions of Users. Clients are advised to confirm with their Tutor that their Tutor is qualified to perform the Lesson prior to the Lesson taking place. Skillville is not liable for the acts or omissions of Users, nor does Skillville provide insurance against any losses sustained by Users.
12. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively, “Proprietary Material”) that Users see or read through the Skillville Platform is owned by Skillville, excluding User Generated Content, which Users hereby grant Skillville a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Skillville owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Skillville Platform without Skillville’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Skillville and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of Skillville, including without limitation Skillville and the Skillville logos, are service marks owned by Skillville. Any other trademarks, service marks, logos and/or trade names appearing via the Skillville Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
13. Copyright Complaints and Copyright Agent
Skillville respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Skillville Platform infringe upon your copyright or other intellectual property right, please send the following information to email@example.com.
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Skillville Platform where the material that you claim has been infringed is located. Include enough information to allow Skillville to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorised copy of the copyrighted work exists - for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.
14. Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Skillville and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Skillville Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorised employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify Skillville in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Skillville upon termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Skillville’s trade secrets, confidential and proprietary information, and all other information and data of Skillville that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Company or Company’s business, operations, or properties, including information about Company’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
15. Disclaimer of Warranties
(a) Use of the Skillville Platform is entirely at your own risk.
The Skillville Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Skillville makes no warranties or representations about the accuracy or completeness of the content provided through the Skillville Platform or the content of any sites linked to the Skillville Platform and assumes no liability or responsibility in contract, warranty or in tort for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Skillville Platform, (iii) any access to or use of our secure servers and/or any and all Personal Information and/or Financial Information stored therein; and (iv) events beyond our reasonable control. Skillville does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Skillville Platform or any hyperlinked website or featured in any banner or other advertising, and Skillville will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Skillville and Affiliates do not warrant that access to the Skillville Platform will be uninterrupted or that the Skillville Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Skillville Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Lesson, service, information or materials provided through or in connection with the use of the Skillville Platform. Skillville and Affiliates are not responsible for the conduct, whether online or offline, of any User. Skillville and Affiliates do not warrant that the Skillville Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites.
Notwithstanding any feature a Client may use to expedite Skillville selection, each Client is responsible for determining the Lesson and selecting their Tutor and Skillville does not warrant any goods or services purchased by a Client and does not recommend any particular Tutor. Skillville does not provide any warranties or guarantees regarding any Tutor’s professional accreditation, registration or license.
In addition, no individual or entity shall be a third party beneficiary of these Terms. These Terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
(b) No liability
You acknowledge and agree that Skillville is only willing to provide the Skillville Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Skillville and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Skillville Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Skillville and Affiliates and any destruction of your User Generated Content.
Under no circumstances will Skillville and Affiliates or their corporate partners be liable for any direct, indirect, incidental, actual, consequential, economic, special or exemplary damages (including but not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by Skillville, or the cost of substitute products or services) arising in connection with your use of or inability to use the Skillville Platform or the Lesson services, even if advised of the possibility of the same.
Skillville and Affiliates expressly disclaim any liability that may arise between Users of the Skillville Platform. Skillville and Affiliates also do not accept any liability with respect to the quality or fitness of any lessons performed via the Skillville Platform.
If, notwithstanding the foregoing exclusions, it is determined that Skillville and Affiliates or their corporate partners are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Company during the six (6) months prior to the time such claim arose, to the extent permitted by applicable law.
Regardless of any other provision in this Agreement, nothing in these Terms of Service excludes or limits liability for: (i) death or personal injury caused by Skillville’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that, by law, may not be limited or excluded.
The Skillville Platform is only a venue for connecting Users. Because Skillville is not a party to or otherwise involved in the actual contract between Users or in the completion of the Lesson, in the event that you have a dispute with one or more Users, you hereby release Skillville and Affiliates and their corporate partners from any and all claims, demands, damages (including direct, indirect, incidental, actual, consequential, economic, special, or exemplary), expenses, losses, governmental obligations, suits and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
You hereby agree to indemnify, defend, and hold harmless Skillville and Affiliates, and their successors and assigns (the Indemnified Parties”) from and against any and all direct claims, demands, and damages, including reasonable attorney’s fees and costs, incurred in connection with (i) your use or inability to use the Skillville Platform or Skillville Services, (ii) your breach or violation of this Agreement (iii) your violation of any law, or the rights of any User or third party (iv) any content submitted by you or using your account to the Skillville Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Skillville reserves the right, in its own sole discretion, to assume the exclusive defence and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Skillville.
17. Dispute Resolution
To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Skillville agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Company. Company’s address for such notice is firstname.lastname@example.org.
18. Governing Law
This Agreement and your use of the Skillville Platform shall be governed by English law, and any dispute regarding this Agreement or the use of the Skillville Platform will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
19. No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
20. General Provisions
Failure by Skillville to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Skillville with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision of this Agreement is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or (2) if such provisions cannot be so modified or restructured, they shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 20 shall be null and void. This Agreement will inure to the benefit of Skillville, its successors and assigns.
Skillville does not oversee, monitor or supervise the posting, scoping or performance of Lessons. Accordingly, Students must determine for themselves whether a Tutor is qualified to perform the specific Lesson at hand. Students may wish to consult their national or local requirements to determine whether certain Lessons are required to be performed by a licensed professional.
22. Changes to this Agreement and the Skillville Platform
23. No Rights of Third Parties
No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.
24. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the Skillville Platform, please contact us by email at email@example.com.
Last Update: 12 June 2018
The Short Version
At Skillville, we care about your privacy. We do not sell or rent your personal information to third parties for their direct marketing purposes without your explicit consent. We do not disclose it to others except as disclosed in this Policy or required to provide you with the services of the Site and mobile applications, meaning - to allow you to buy, sell, share the information you want to share on the Site; to contribute on the forum; pay for products; post reviews and so on; or where we have a legal obligation to do so.
We collect information that you provide us or voluntarily share with other users, and also some general technical information that is automatically gathered by our systems, such as IP address, browser information and cookies to enable you to have a better user experience and a more personalized browsing experience.
We will not share information that you provide us in the process of the registration - including your contact information - except as described in this Policy.
Information that you choose to publish on the Site (photos, videos, text, music, reviews, deliveries) - is no longer private, just like any information you publish online.
Technical information that is gathered by our systems, or third party systems, automatically may be used for Site operation, optimization, analytics, content promotion and enhancement of user experience. We may use your information to contact you - to provide notices related to your activities, or offer you promotions and general updates, but we will not let any other person, including sellers and buyers, contact you, other than through your user profile on the Site.
Your personal information may be stored in systems based around the world, and may be processed by third party service providers acting on our behalf. These providers may be based in countries that do not provide an equivalent level of protection for privacy as that enjoyed in the country in which you live. In that case, we will provide for adequate safeguards to protect your personal information.
You can exercise your rights over your personal information, by opening a Customer Relations ticket. If you do not have an active Skillville account, please contact us at firstname.lastname@example.org. More details about the rights applicable to you are in the long version of the Policy.
The above are just the highlights. We encourage you to read more about the information we collect, how we use it, understand the meaning of cookie and more in the long version of our Policy below.
Skillville is hosted on Sharetribe therefore information is stored by and shared with Sharetribe .
Is Sharetribe GDPR-compliant?
Sharetribe renewed its terms of service to be compliant with the GDPR. They also offer a separate Data Protection Agreement (DPA) so that you have a clear contract stating that their service provider (Sharetribe) is compliant with the GDPR practices. In similar way we make a DPA with the third party service providers we use in order to offer you the service. That ensures that all the links in the chain are following the GDPR regulations and that proper measures for user data security are taken.
Regarding the storage of the data. Sharetribe use Amazon Web Service (AWS) cloud hosting, located in the East USA Data Center. They have signed a DPA with AWS that includes the Modal Clauses that EU currently requires to make sure the data storage partner outside EU area is trusted enough to be used. The data is stored in a MySQL database where the access is limited to the Sharetribe employees who need it for work. With some critical information they take extra measures, for example, user passwords are only stored in an encrypted format and credit card details are not stored on our servers at all, only at the payment provider services that specialize in payment data handling.
The Longer Version
Skillville (including Skillville LTD and its affiliates) respects your privacy and is committed to protect the personal information of its users - Tutors, Students and visitors browsing the Site (“Users”). We believe that you have a right to know our practices regarding the information we may collect when you visit and/or use the Site. This Policy explains our privacy practices for the Site and services provided by Skillville. By accessing and/or using the Site and its related sites, applications, services, goods and/or registering for a Skillville account, you agree to the terms and conditions of this Policy, including to our collection, use, disclosure, processing and retention of your personal information. You can also learn how to limit sharing of information in this Policy.
Information We Collect
When you register to the Site we ask you to provide certain personal information, including a valid email address, location, facebook or google account log in details and username. We may collect additional information such as physical address, telephone number or other contact details and additional authentication information, to provide you with the services you need (such as payment or withdrawal of funds, sending physical goods), or to ensure the marketplace integrity (for example, prevention of fraud).
In addition, we collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we are aware of your usage of the Site, and may gather, collect and record the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information, and all communications recorded by Users through the Site. We use that information to enhance user experience, personalize your browsing experience as well as monitor the Site for preventing fraud and inappropriate content or behaviour. We may also collect supplemental information obtained from third parties such as demographic and navigation data.
Additionally, in order to improve your online experience at Skillville, we have implemented impression reporting. While you view our ads, we may gather user Global Unique Identifier, HTTP request data like, user agent, IP, host, url, country/continent from which request made, browser info, device/operating system/operating system version.
Once you register, your username and additional information regarding your activity is made public and is visible to all Users of the Site. This information includes photos you upload, your published portfolio, Gig information, ratings, and additional information you may choose to add to your profile.
How do we collect Information?
How do we use the Information collected?
Where relevant under applicable laws, all processing of your personal information will be justified by a "condition" for processing. In the majority of cases, processing will be justified on the basis that:
- you have provided your consent for us to use your personal information for a specific purpose;
- our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with services which you have purchased);
- the processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention); or
- the processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you or to customise your browsing experience), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate.
We will use your personal information for the following purposes:
- to provide you with quality service and security. For example, we may use the information collected from you to verify your identity. We may also use this information to establish and set up your account, verify or re-issue a password, log your activity and contact you from time to time. The information helps us improve our services to you and customize your browsing experience. In addition, this information helps us track any fraudulent activities and other inappropriate activities and monitor content integrity; or
- to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law. Should you ever deactivate your account with us, we will keep your information for a limited period in order to meet the above purposes.
We will ask for your consent before using information for a purpose other than those set out in this Policy.
- We may use your personal information to send you direct marketing communications about our products, services or promotions from Skillville that may be of interest to you or our related services. This may be via email, post, SMS, telephone or targeted online advertisements.
- In most cases our processing of your personal information for marketing purposes is based on our legitimate interest, although some cases (such as where required by law) may be based on your consent. You have a right to prevent direct marketing of any form at any time - this can be exercised by following the opt-out link attached to each communication or by sending an email to email@example.com.
- We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.
How long do we keep your information?
We apply a general rule of keeping personal information only for as long as is required to fulfil the purpose for which it was collected. However, in some circumstances we may retain your personal information for longer periods of time. We may retain your information for the following purposes:
- as long as it is necessary and relevant for our operations, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and
- we may retain personal information from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms and take other actions as permitted by law.
Children Under the Age of 13
Our Site is not intended for children under 13 years of age. No one under age 13 should provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. Parents and guardians should at all times supervise their children's activities. If we learn we have collected or received personal information from a child under 13, we will delete that personal information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Sharing Personal Information with Third Parties
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
We may combine your personal information with information we collect automatically or obtain from other companies and use it to improve and personalize our services, content and advertising. If you do not wish to receive marketing communications from us, you can opt-out through the link attached to each communication or by sending an email to email@example.com.
We may provide your personal details to third parties, only in order to operate the Site, provide our services to you, fulfil obligations imposed on us by applicable laws and regulations, and prevent fraud and illegal activities, as detailed below:
- to service providers for the purpose of opening and operating your account as well as providing ancillary services (example - payment vendors, CRM systems, forum hosting, community management services, mailing systems or technical consultants). Our contracts with these service providers do not permit use of your information for their own (marketing) purposes. Consistent with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately safeguard your personal information and only process it in accordance with our instructions;
- to respond to a subpoena or court order, judicial process or to regulatory authorities, if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to claims against us; and to protect the rights, property, or personal safety of Skillville, our customers, or the public;
- your personal information may be disclosed if we go through a business transition such as a merger, sale, transfer of all or a portion of Skillville's assets, acquisition, bankruptcy or similar event.
Where We Store Your Personal Information
Some of the personal information you provide to us may be stored or processed on our behalf by third party suppliers and data processors and may be located in other jurisdictions, such as the United States and Israel, whose laws may differ from the jurisdiction in which you live. Whether to third parties or internally, any transfers of personal information from the European Economic Area (“EEA”) to countries not deemed to provide an adequate level of data protection are governed by European Union (EU) standard contractual clauses, or in the case of the United States, the EU - US Privacy Shield, and/or equivalent data transfer regulations to protect the security and confidentiality of personal information. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Policy.
When you visit the Site, we may use industry-wide technologies such as "cookies" (or similar technologies), which store certain information on your computer and which will allow us, among other things, to enable automatic sign-in to the Site, make your browsing much more convenient and effortless and allow us to test user experience and offer you personalized browsing or promotions. By continuing to use this Site, you are agreeing to our placing cookies on your computer or device in accordance with the terms of this Policy.
The following is a more detailed explanation of the types of cookies we use:
- Necessary cookies
Necessary cookies are essential and help you navigate the Site. This helps to support security and basic functionality and are necessary for the proper operation of the Site, so if you block these cookies we can't guarantee your use or the security during your visit.
- Functionality cookies
- Performance cookies
Performance cookies help us to understand the behaviour of users of the Site. This allows us to continuously improve the Site to provide the best information in support of our project aims. These cookies are also used to help us understand how effective our Site is; for instance these cookies tell us which pages visitors go to most often and if they get error messages from web pages. All of the information that these cookies collect is aggregated, to assist us to improve how the Site works. Some of these cookies are managed by third parties, and you may refer to the third parties' own website privacy notifications for further information. In particular, we use Google Analytics cookies to obtain an overall view of user habits and volumes, and to help improve the overall experience on the Site. Google Analytics is a third-party web analysis service provided by Google Inc, which uses performance cookies and targeting cookies. The information generated by these cookies about your use of the Site (including your IP address) will be transmitted to and stored by Google Inc on servers in the United States.
If you prevent these cookies, we cannot guarantee how the Site will perform for you.
Blocking or Deleting Cookies
The following links may assist you in managing your cookies settings, or you can use the 'help' option in your internet browser for more details:
Information on deleting or controlling cookies is also available at www.aboutcookies.org (note that this website is not provided by Skillville, and we therefore cannot ensure its accuracy, completeness or availability). It is important to remember that many of our services may not function properly if your cookies are disabled. For example, cookies may, in certain cases, save you from the need to enter usernames and passwords, and allow session continuity.
We take great care in maintaining the security of the Site and your information and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures. We contractually ensure that any third party processing your personal information equally provide for confidentiality and integrity of your data in a secure way. The transmission of data via the internet is not completely secure, and although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.
Users who have registered to the Site agree to keep their password in strict confidence and not disclose such password to any third party.
Further information about our data security practices can be provided on request.
Rights of Users Under EU Regulation
Under applicable EU regulation, as of May 25, 2018 you may have some or all of the following rights in respect of your personal information:
- to obtain a copy of your personal information together with information about how and on what basis that personal information is processed;
- to rectify inaccurate personal information;
- to erase your personal information in limited circumstances where it is no longer necessary in relation to the purposes for which it was collected or processed;
- to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim;
- to challenge processing which we have justified on the basis of our legitimate interest;
- to object to decisions which are based solely on automated processing or profiling;
- to obtain a portable copy of your personal information, or to have a copy transferred to a third party controller; or
- to obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.
In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection.
We may ask you for additional data to confirm your identity and for security purposes, before disclosing data requested to you. We reserve the right to charge a fee where permitted by law. We may also decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we may need to retain certain personal information for a limited period of time for record-keeping, accounting and fraud prevention purposes.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits California residents that are users of our Site to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
Updating Your Information
We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it - unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. If for any reason you have a problem with deleting your personal information please contact Skillville's Customer Support and we will make reasonable efforts to delete any such information pursuant to any applicable privacy laws.
You can review and change your personal information by logging into the Site and visiting your account profile page.
If you delete your User Generated Content (“UGC”), as defined in the Skilllville Terms of Service, from the Site, copies of your UGC may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including UGC, is governed by our Terms of Service.
We reserve the right to change this Policy at any time, so please re-visit this page frequently.
Changes to this Policy are effective as of the stated "Last Update" and your continued use of the Site on or after the Last Update date will constitute acceptance of, and agreement to be bound by, those changes.
To exercise any of your rights in connection with your personal information, we kindly ask that you open a Customer Relations ticket via email. Please include all the relevant details, so your ticket can be handled correctly. We will process any requests in line with any local laws and our policies and procedures. If you do not have an active Skillville account, please contact us at email@example.com.
If you have any questions (or comments) concerning this Policy, please email us at firstname.lastname@example.org, and we will make an effort to reply within a reasonable timeframe.