Aspen University® Website Privacy Policy


Last Updated: August 8, 2018

Summary

Thank you for visiting the Aspen University® website located at www.aspen.edu (the "Site"). The Site is an Internet property of Aspen University Inc. ("Company," "we," "our" or "us"). The following Aspen University® Website Privacy Policy ("Privacy Policy") sets forth our policy with respect to the collection, storage and use of your Personal Data. For purposes of this Privacy Policy, "Personal Data" means any information concerning the personal or material circumstances of an identified or identifiable individual. This includes information such as your name, your address, your phone number and your email address. Please note, if you are a resident of a European Union Member State ("EU Resident"), additional terms, conditions and provisions apply to the collection, storage and use of your Personal Data ("EU Privacy Terms"), as required by the General Data Protection Regulation ("GDPR"). Where there is a conflict between the EU Privacy Terms and any other provision of this Privacy Policy, the EU Privacy Terms shall govern with respect to EU Residents. While certain EU Privacy Terms are included throughout this Privacy Policy, please see the "EU Resident Privacy Terms" section below for additional EU Privacy Terms.

Background

This Privacy Policy covers our treatment of Personal Data and other information that we collect when an end-user visitor to the Site ("User," "you" or "your"): (a) accesses or uses the Site; (b) accesses, downloads and/or views: (i) any of the links to various third-party operated websites, information and/or resources ("Links"), as featured on the Site; (ii) our current course catalogue ("Course Catalogue"); (iii) our academic policies; (iv) information pertaining to available courses, coursework, admission requirements, credit transfers, faculty, tuition, scholarships, examinations, student policies, codes of conduct and any other information pertaining to our academic offerings ("Academic Content"); and/or (v) any of the other text, brochures, audio, video, photographs, graphics, artwork and/or other Company content featured on the Site (the "General Content," and together with the Links, Course Catalogue and Academic Content, the "Content"); (c) accesses links to Company's social media pages/accounts featured on third-party social media websites, such as Facebook®, LinkedIn® and Twitter® (collectively, "Social Media Pages"); (d) utilizes the various service portals featured on the Site, as made available by our third-party service providers ("Third-Party Service Providers"), for use by students ("Students") in order to: (i) make tuition payments via the payment portal ("Payment Portal"); and/or (ii) manage aspects of the applicable Student's current enrollment with Aspen University ("Aspen University") including, without limitation, accessing testing services and participating in classroom-related activities via the student portal ("Student Portal," and together with the Payment Portal, the "Portals"); (e) applies for admission to Aspen University ("Admission Application Services"); (f) accesses certain student forums, classroom forums, message boards, comments sections and other interactive features of the Student Portal and/or Site (collectively, "Interactive Services"); and/or (g) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Company (collectively, the "Contact Services," and together with the Site, Content, Social Media Pages, Portals, Admission Application Services and Interactive Services, the "Site Offerings").

Capitalized terms not defined herein shall have the meanings set forth in the Aspen University® Website Terms and Conditions ("Terms and Conditions"). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.

Facebook® is a registered trademark of Facebook, Inc. ("Facebook"). LinkedIn® is a registered trademark of LinkedIn Corporation ("LinkedIn"). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Please be advised that Company is not in any way affiliated with Facebook, LinkedIn or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.

Family Educational Rights and Privacy Act

If you are a Student (or are applying to become a Student) at Aspen University, your Personal Data may also be protected under the Family Educational Rights and Privacy Act ("FERPA"). Please see our FERPA Annual Notification of Student Rights for more information about FERPA and the rights and options granted to you under FERPA. Where there is any conflict between FERPA and the terms and conditions of this Privacy Policy, FERPA shall govern in all respects.

Your California Privacy Rights

If you are a resident of the State of California and would like to learn how your "Personal Data" (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third-parties, what categories of Personal Data that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please e-mail us at: privacy@aspen.edu; call us at: (303) 333-4224; or send us mail to: Aspen University, 1660 S. Albion St., Suite 525, Denver, CO 80222.

Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your Personal Data to any third-party for marketing purposes, please e-mail us at: privacy@aspen.edu; call us at: (303) 333-4224; or send us mail to: Aspen University, 1660 S. Albion St., Suite 525, Denver, CO 80222.

Personal Data Collected

We collect Personal Data when you access certain of the Site Offerings including the Portals, Contact Services and Admission Application Services, and submit the applicable registration Form.

The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your gender; (c) your date of birth; (d) your military affiliation and branch (if applicable); (e) your mailing/billing address; (f) your e-mail address; (g) your telephone number; (h) your preferred time of day to be contacted; (i) your credit card and/or debit card information (where making a tuition payment); (j) information pertaining to your financial aid or military-related tuition assistance (where making a tuition payment); (k) your academic program of interest; (l) your anticipated start date for your chosen academic program; (m) your anticipated payment method for your chosen academic program; (n) your previous education experience, including any applicable college(s) attended, the country where such college(s) is/are located and any degree(s) earned from such college(s); (o) whether or not English is your first language; (p) your current employer; and/or (q) any other information requested on the Form. In addition, Users attempting to utilize a Portal may be required to submit their ID and Password.

For purposes of this Privacy Policy, items (i), (j), (m) and (o) in the preceding sentence shall be referred to as "Sensitive Data."

Use of Personal Data

By submitting your Personal Data by and through the Site Offerings (other than for EU Residents), you agree that we may share, sell, rent, lease or otherwise provide that Personal Data (other than Sensitive Data) to any third-party for any purpose permitted by law, and we may work with other businesses to bring selected retail opportunities to our Users. These businesses and third-parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers. We may also use your Personal Data (other than that of EU Residents) to send you promotional messages regarding various Company products and/or services, as well as third-party products and/or services that we think may be of interest to you.

Where you submit Personal Data, we use the Personal Data that you make available to personalize your experience with the Site and to facilitate the delivery of the applicable Site Offerings to you, including to respond to any inquiries made by you.

You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site Offerings.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users' Personal Data as needed to perform these functions for us, but we do not permit them to use User Personal Data for other purposes.

We will also use your Personal Data for customer service, to provide you with information that you may request and/or to customize your experience with the Site Offerings. We may also use your Personal Data for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Site Offerings. We may also combine the information we have gathered about you (other than that of EU Residents) with information from other sources.

By submitting your Personal Data by and through the Site Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations; provided, however, that this paragraph only applies to EU Residents where those EU Residents have provided consent as required under the GDPR. EU Residents are not required to provide this consent in order to obtain access to the Site Offerings. EU residents may revoke this consent at any time by emailing us at: privacy@aspen.edu.

Where you provide "prior express written consent" within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time ("TCPA"), you consent to receive telephone calls from Company and designated Third-Party Service Providers, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided; provided, however, that this consent only applies to EU Residents where those EU Residents have provided consent as required under the GDPR. Please note that you are not required to provide consent under the TCPA or GDPR in order to obtain access to the Site Offerings, and your consent simply allows Company, as well as the designated Third-Party Service Providers, to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively "Phone Number Change"), you agree that you shall promptly notify Company of the Phone Number Change via e-mail at: privacy@aspen.edu, or by using one of the methods set forth in the "Contact Us" section below.

We reserve the right to release current or past Personal Data (including Sensitive Data): (A) in the event that we believe that the Site Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (B) if the information is subpoenaed or requested pursuant to any court order or legal proceeding; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena/court order, prior to disclosure of any Personal Data pursuant to a subpoena; or (C) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Company is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your Personal Data, as well as any choices that you may have regarding your Personal Data.

You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law, including sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and other e-mail marketing laws. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit Personal Data to be shared or transferred to third-parties without permission.

Non-Personal Data Collection and Use

IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.

Cookies
When a User visits the Site, we send one (1) or more cookies and/or gif files (collectively, "Cookies") to assign an anonymous, unique identifier to the applicable User's computer; provided, however, that we will only utilize tracking Cookies in connection with the computers of EU Residents where those EU Residents have provided consent for same as required under the GDPR. EU Residents are not required to provide this consent in order to obtain access to the Site Offerings. EU residents may revoke this consent at any time by emailing us at: privacy@aspen.edu. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Site Offerings, including for storing User preferences and tracking Site-User trends (such as pages opened and length of stay at the Site).

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a User rejects a Cookie, he or she may still use the Site Offerings; provided, however, that certain functions of the Site Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.

Behavioral Tracking
Company, as well as third party entities such as Google® and HotJar®, use Cookies, pixels and other tracking technology (collectively, "Tracking Technology") in connection with the Site for purposes of tracking Users' activities (such as websites visited, advertisements selected and pages viewed) while they are active on the Site, as well as after they leave the Site. Company, and its third-party partners, may use this Tracking Technology to target applicable Users with advertisements featuring Company products and/or services, as well as third-party products and/or services, that may be of interest to applicable Users; provided, however, that the tracking described in this paragraph will only be undertaken in connection with EU Residents where those EU Residents have provided consent for same as required under the GDPR. EU Residents are not required to provide this consent in order to obtain access to the Site Offerings. EU residents may revoke this consent at any time by emailing us at: privacy@aspen.edu.

In general, Users may be able to disable some, but not all, of this tracking activity by utilizing the "Do Not Track" setting or similar options within most major Internet browsers. In addition, Users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance.

Users can opt-out of HotJar®-related tracking by utilizing the options made available here: https://www.hotjar.com/legal/compliance/opt-out. Further, users can opt-out of certain Google®-related tracking technology, and customize the Google® Display Network ads that they receive, by visiting the Google® Ads Settings at: http://www.google.com/settings/ads. Google® also recommends installing the Google® Analytics Opt-out Browser Add-on for your web browser, which is available here: https://tools.google.com/dlpage/gaoptout. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third-parties in connection with the Site.

Google® is a registered trademark of Google, Inc. ("Google"). Please be advised that Company is not in any way affiliated with Google, nor are the Site Offerings endorsed, administered or sponsored by Google.

Cross Device Tracking
Company tracks Users' use of the Site Offerings across various devices, including your personal computer and mobile device, in order to optimize and personalize your Site Offerings experience. Company may collect certain of your Personal Data across various devices; provided, however, that the tracking described in this paragraph will only be undertaken in connection with EU Residents where those EU Residents have provided consent for same as required under the GDPR. EU Residents are not required to provide this consent in order to obtain access to the Site Offerings. EU residents may revoke this consent at any time by emailing us at: privacy@aspen.edu.

Aggregate Data
Company reserves the right to transfer and/or sell aggregate or group data about Users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Site Offerings Users as a group, without disclosing personally identifiable information.

EU Resident Privacy Terms

Data Controller. Company is considered the "Data Controller" in connection with the Personal Data collected pursuant to this Privacy Policy for purposes of applicable data protection laws, including the GDPR.

Legal Basis. We collect Personal Data from EU Residents during the registration process to fulfill requests to receive additional information and for the purpose of handling the contractual relationship that EU Residents have with Company including EU Residents' enrollment as Students at Aspen University. We also collect personal information from EU Residents passively. We only use and store the Personal Data of EU Residents if we have a legal basis for doing so, including where EU Residents have given us their express consent, where we have a legitimate business interest or pursuant to the contractual relationship between EU Residents and Company. Please note that EU Residents have a right to object to processing of their Personal Data where the sole legal basis is that such processing is being carried out for our legitimate business interest.

Personal Data Use. Company will never share, sell, rent, exchange or barter the Personal Data of EU Residents to or with any third-party for financial gain or marketing purposes. As an EU Resident, by making that Personal Data available to Company, you grant Company the right, subject to applicable law, to use that Personal Data solely to contact you regarding your request for Contact Services, your enrollment as a Student at Aspen University and your other use(s) of the Site Offerings. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such e-mail message or see the "Opt-Out/Unsubscribe" section below

Credit Card Transactions

Company utilizes third-party service providers to provide credit card payment processing services. If you choose to make a tuition payment via the Student Portal, the credit card information provided will either be collected directly by such third-party service provider, or we will share that payment information with our contracted third-party service provider(s). Company requires that its third-party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party payment processing service provider(s).

Social Media Websites

If you engage in any interaction with Company, other end-users or any third-party on any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where Company responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Company's social media accounts.

We are not responsible for the personal information that you choose to submit on any Social Media Websites. The Social Media Websites operate independently from Company, and we are not responsible for such Social Media Websites' interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites' privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.

Third-Party Websites

This Site may contain links to third-party owned and/or operated websites including, without limitation, the Links and Social Media Websites. Company is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Company has no responsibility or liability relating to them.

Security

We endeavor to safeguard and protect our Users' Personal Data. When Users make Personal Data available to us, their Personal Data is protected both online and offline (to the extent that we maintain any Personal Data offline). Where our registration/application process prompts: (a) Users to enter Sensitive Data; (b) EU Residents to enter any Personal Data; and (c) when we store and transmit such Sensitive Data and/or EU Resident Personal Data; then (d) this information is encrypted with advanced TLS (Transport Layer Security).

Access to your Personal Data is strictly limited, and we take reasonable measures to ensure that your Personal Data is not accessible to the public. All of our Users' Personal Data is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User Personal Data to perform a specific job are granted access to User Personal Data. Our employees are dedicated to ensuring the security and privacy of all User Personal Data. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User Personal Data on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Data under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Data, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Data; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Data will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Data. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

Visitors under sixteen (16) years of age are not permitted to use and/or submit their Personal Data at the Site. Company does not knowingly solicit or collect information from visitors under sixteen (16) years of age. Company encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Opt-Out/Unsubscribe

To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: privacy@aspen.edu.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from Company, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to Company, as applicable.

Individual Rights: Deleting, Modifying and Updating Your Personal Data

At your request, we will: (a) inform you of what Personal Data we have on file for you, in a machine-readable format; (b) amend the Personal Data that we have on file for you; and/or (c) completely remove Personal Data that you have provided to us, or that we have collected, from our servers/databases. In addition, where requested by EU Residents, we will ensure the removal of the Personal Data that those EU Residents have provided to us from the servers/databases of any third-party that we have provided that Personal Data to. You may make such a request by e-mailing us at: privacy@aspen.edu. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.

Please be advised that deleting your Personal Data may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the Personal Data that we have on file for you.

Transfer of Personal Data Internationally

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of Personal Data across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers; provided, however, that the international transfer of Personal Data described in this paragraph will only be undertaken in connection with the Personal Data of EU Residents where such transfer complies with the provisions of the GDPR. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Changes to this Privacy Policy

Company reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use Personal Data changes, Company will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you affirmatively consent to such use.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices in general, you may email us as at: privacy@aspen.edu; call us at: (303) 333-4224; or send us mail to: Aspen University, 1660 S. Albion St., Suite 525, Denver, CO 80222.