Privacy Policy

Last Updated: September 23, 2019

TGX Development, LLC and its divisions, affiliates, and subsidiaries (hereinafter “TGX” “we”/”us”/”our”) respects the privacy and the integrity of any personal information that You provide in the use of our Website and System, whether You are an organizational user (“Organization”), a classroom participant or administrator/instructor (“Facilitator of Services”). This Privacy Policy explains our policy regarding the collection, use and disclosure of Your personal information.

This Privacy Policy will be continuously assessed against new technologies, business practices and our users’ needs. As we update, expand and diversify our products and services, this Privacy Policy may evolve. Please check this Privacy Policy from time to time for updates by checking the date of the “Last Update” at the top of this document. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, e-mail notification of privacy policy changes). A link to our Privacy Policy will be provided on the home page of our Website and is accessible at https://thirded.com/privacy/.  All changes will take effect within 30 days of being posted on our home page or otherwise notified to users unless a shorter period of time is required in order to comply with applicable laws.  You acknowledge and agree that Your access of our Website and Your use of our services following any posted changes to the Privacy Policy indicate Your acceptance of such changes.

We also encourage You to review the Terms of Service (the “Terms of Service”), the agreement between You and TGX that governs Your use of the Website, as well as provides the terms and conditions under which TGX provides, and You may use, the TGX services and mobile applications in order to have access to our virtual classroom services and user content (the “TGX Services”). The Privacy Policy is incorporated into and made a part of the Terms of Service.

Application of This Policy

At TGX, we are committed to protecting the privacy of our users, which is why we do not sell or rent any personal information (as defined in ‘Personal Information’) regarding our users to any third party. We hope this Privacy Policy will answer Your questions regarding how we treat personal information gathered from visitors to our Website and users of the TGX Services.

Personal Information

For the purposes of this Privacy Policy, “personal information” means information or an opinion that identifies a living individual or can be used to identify an individual, including but not limited to Your name, address, e-mail address, country of residence, as well as other information when such information is combined with other information (e.g., name of affiliated organization, assessment scores, cell phone number). Personal information does not include business contact information (for example, if You are an administrative user on behalf of an organization, your e-mail address at the organization might not be deemed personal information). Personal information also does not include “aggregate” information or de-identified information, which is data we collect about and through the use of our Website and the TGX Services and may include anonymized data which does not identify any individuals and cannot be traced back or linked to an identifiable individual. Our privacy policy does not restrict or limit our collection and use of aggregate or de-identified information, or other types of non-personal information.

Consent

You acknowledge and agree that by accessing our Website, using our learning applications or using the TGX Services more generally, You fully understand, accept and voluntarily consent to the collection, use, retention and disclosure of personal information in accordance with this Privacy Policy. It is always Your choice whether or not You provide us with Your personal information; however, a decision to withhold personal information may restrict or prevent us from providing You with a particular product or service including access to any subscriber features of the TGX Services. We will only collect, use, and disclose Your personal information in accordance with this Privacy Policy, except where otherwise permitted or required by applicable law or regulatory requirement.

Collection of Personal Information

In order to use certain features of our services You must first complete a registration process and establish an account (“Account”).  During registration for Your Account, You will be required to provide basic information such as Your first and last name, organization, valid email address for Your organization, user role, and establish a password (“Account Information”). TGX will retain Account Information and associate it with Your Account. 

For course participants, our servers automatically record information about Your use of the System, such as when You log in and submit answers to questions or provide feedback to the organization’s administrator. We will associate that information with their account. The administrators may use those data for training evaluation purposes. We store and maintain personal and associated account information in order to provide the System.

TGX may conduct statistical analyses on users’ performance to study the effectiveness of the TGX Services and improve the customer experience. No identification of users will be revealed at any point to any third party. We do not sell, rent, trade or otherwise disclose personal and associated account information about our users.

In addition, to place an order for certain services (e.g., access to a virtual classroom), TGX may require that You (assuming age of majority) provide payment information such as credit card numbers and billing addresses and TGX will also acquire Your IP address.  Credit card information, including the card number, expiration date and security code, is securely collected by us and passed directly to our payment processor over a secure socket layer (see the section entitled “Payment Processor” below). Credit card data is not retained by TGX in any form.

Use of Your Personal Information

You acknowledge that TGX may use personal information that You voluntarily disclose to us to:

  • Provide Organization/Facilitator of Services with information about new products, services, newsletters, informative e-mails, and research on future product ideas or improvements (and, by using the TGX Services, You give Your consent to receive such information);
  • Assist us in creating, improving, or providing content that is relevant to You;
  • Provide Organization/Facilitator of Services with special offers that may be of interest (if You have opted-in to receive such marketing and promotional materials) and to improve their experience on our Website or with our System;
  • Assist us in creating better products and services to meet the needs of Organization/Facilitator of Services;
  • Allow You to purchase and download products, obtain access to the System or otherwise engage in activities You select;
  • Provide You with technical support;
  • Help You quickly find software, services or product information important to Organizations/Facilitator of Services;
  • Send transaction-related communications such as welcome letters, and product/service order confirmations. TGX may also send Organizations/Facilitator of Services surveys or marketing communications to inform them of new products or services or other information that may be of interest (and, by using the TGX Services, You give Your consent to receive such information); and
  • Restrict the availability of some of the products, services and content to certain parts of the world, where required for legal reasons, by using Your address, IP address and other information in order to enforce those restrictions.

While using the TGX Services, You may have opportunities to post reviews or other personal information in forums on the Website at Your own discretion. Please understand that when You post such information, it is made public and is not subject to our control. You should exercise caution when deciding to disclose any personal information in a publicly available forum such as the Website and agree to indemnify TGX for any damages or claims resulting from any of Your postings. TGX is not obligated to monitor postings and at its discretion remove any content submitted.

Disclosure of Your Personal Information

TGX will not sell or rent Your personal information to any other party and will only use and disclose Your personal information for the purposes for which it was collected as described in this Privacy Policy. However, You agree that TGX may disclose Your personal information in the circumstances set out below:

  • If You are a course participant or student, TGX may disclose Your personal information to administrators and instructors at Your organization;
  • TGX may disclose Your personal information with Your prior consent, or the consent of Your parents if You are under 18 years old;
  • TGX may be required by law to disclose personal information without Your consent in the event of emergency situations or when required by government, valid legal process, or other legal authority;
  • TGX may also disclose Account Information to the administration of any organization (at which You are a administrator/instructor) for administrative purposes including the right for the organization to compile a list of group leaders who use the Services and contact such group leaders in order to obtain references to evaluate an implementation of the Services.
  • TGX may also disclose personal information to third parties in connection with a corporate re-organization, merger or amalgamation, or the sale of all or substantially all of our assets, provided that, where appropriate, any party to whom the information is disclosed is bound by agreements or obligations, and required to use or disclose Your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless You consent otherwise; or
  • TGX may share Your personal information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, collect debts, to provide data storage, to host websites, to fulfill orders, to assist in direct marketing, to assist with technical support/customer service, to conduct audits, etc. Those companies will be permitted to obtain only the personal information they need only as necessary to provide services to us. Each company is bound by agreement or obligations with TGX to implement and maintain reasonable security procedures and practices in order to use and disclose Your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless You consent otherwise. These service providers are located in the United States and Europe and, as a result, Your personal information may be stored, processed or transferred into or out of these countries. We take all reasonable measures and precautions to protect Your personal information when it is being handled by our service providers. If You wish to obtain more information on our use of service providers and our policies and practices regarding such service providers, please contact us as set forth below.

How to Opt-Out / Withdraw Consent

You can withdraw Your consent for the use of Your personal information at any time by requesting the deletion of Your Account or by providing written notice to us of that withdrawal.  However, You acknowledge that information may be retained by TGX for audit or archival purposes or as required by applicable federal and state laws. You can also review and update Your personal information yourself through the user features in Your account (see further Access to Your Personal Information).

If You are an Organization or Facilitator of Services and opted-in to receive marketing communications but at any time You do not wish to continue to receive marketing communications, You may follow the “unsubscribe” instructions included within each e-mail communication or by selecting or deselecting (depending on the service) the appropriate option in Your Account settings.   Please keep in mind that, even if You choose not to receive marketing communications, You cannot opt-out of receiving transactional or account communications related to services or products that You have requested (e.g., purchase confirmation e-mails and receipts) or important updates from us from time to time relating to the TGX Services or updates to the legal terms that govern Your use of the TGX Services.

Retention of Personal Information

TGX maintains information about You for as long as we provide services to You, and for as long as it remains necessary for identified purposes or as required by law which may extend beyond the termination of our relationship with You.    We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy.  If You request that Your name be removed from our databases, it may not be possible to completely delete all Your Personal Information due to technological and legal constraints. However, we will take such steps as are reasonable to destroy the information or to ensure that the information is de‑identified.

Safeguards We Have in Place

TGX stores and processes Your personal information on our servers principally in the United States, but also internationally. Accordingly, Your data may be available to government bodies or their agencies in those jurisdictions under a lawful order, irrespective of the safeguards we have put in place for the protection of Your personal information.  TGX employs reasonable managerial and technical measures to ensure that Your personal information is secure. In addition, our dedicated team of information technology professionals works to maintain data accuracy and prevent unauthorized access to sensitive information.  Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of Your personal information and do not assume any liability for improper access to it. The Internet is not a secure medium and You acknowledge and agree that the privacy of Your e-mail communication and personal information can never be guaranteed as any e-mail communication may be lost, intercepted, or altered. By using our Website, or providing personal information to us through any means, You agree that we can communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of our Website and our services.

Compliance with the Family Education Rights & Privacy Act (FERPA)

In the United States, the Family Educational Rights & Privacy Act, 20 U.S.C. § 1232(g), restricts the disclosure of personally identifiable information from a student’s education records, unless an exception applies.  For U.S. users, TGX’s data protection and privacy policies and practices comply with FERPA and other applicable federal and state education privacy laws. 

TGX maintains the confidentiality of FERPA-covered student data, and only uses this information to deliver and improve TGX Services provided to schools and their students.  You may also have specific rights related to accessing and/or updating Your Personal Information when FERPA applies.  For further information about FERPA compliance, or to access, modify, or remove any such data, please contact us at support@thirded.com.

To the extent that a provision in this Privacy Policy conflicts with a provision in FERPA or another state or federal education privacy law, TGX will abide by the more restrictive provision.

 Access to Your Personal Information

You are responsible for updating and maintaining the truth and accuracy of the personal information You provide to us relating to Your Account. If You want to update the personal information, You have provided to us, You should do so by visiting: https://thirded.com/my-account/. You must be signed in to access Your Account and the privacy link above.

Collection of Non-Personal Information

You acknowledge and agree that from time to time TGX, its service providers and business partners  may collect non-personal information from Your use of our Website and services such as server log files, environmental variables (such as MAC address, IP addresses, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version) and from scanning navigational data to collect non-personal information about our users in order to help us deliver better service and user experience. Such non-personal information could include the IP addresses or areas of site being clicked on most frequently. TGX and our service providers (including ad servers, outbound email vendors, affiliate vendors and search engine advertising agencies, and providers of web analytics tools) and business partners may also use “cookies” as well as so-called “pixel tags,” “web beacons,” “clear GIFs” and other similar technologies to help us deliver better service and user experience and to facilitate Your ongoing access to and use of our services. Cookies are files saved to Your computers through Your Web browser to enable websites or service providers systems to recognize Your browser and capture and remember certain information. TGX, like many other Web services, uses cookies to understand and save Your preferences for future visits and to compile aggregate data about site traffic and site interaction, so that we can offer better site experiences and tools in the future. If You do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows You to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to Your computer. If You choose to reject all cookies, You may not be able to access the services. To learn more about cookies, please visit https://www.allaboutcookies.org/. You may find more information about opting out of most third-party service cookies at www.networkadvertising.org or other related sites.

You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or You may opt out of Google Analytics by visiting the Google Analytics opt-out page.

TGX does not respond to Do Not Track signals on web browsers, as the industry has not settled on a Do Not Track Compliance standard.

Privacy Policy Information

If You have any questions about this Privacy Policy or concerns about how we manage Your personal information, or if you would like to make a complaint, please contact us by mail or e-mail at:

TGX Development, LLC
P.O. Box 14214
Research Triangle Park, NC  27709
support@thirded.com

We will endeavor to answer Your questions within a reasonable period of
time and advise You of any steps taken to address the issues raised by You.

Hyperlinks

Our Website is connected by “hyperlinks” to other websites. You acknowledge and agree that TGX makes no representation, warranty, covenant, or claim regarding, and TGX expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices on any third-party website or resource accessible by hyperlink from our Website. You agree that the inclusion of any such hyperlink does not suggest, represent, warrant, covenant or imply that TGX monitors, endorses or exerts any control over such website or linked resource whatsoever.  You agree that TGX provides these hyperlinks to You only as a convenience, and the inclusion of any hyperlink does not suggest, represent, warrant, covenant or imply affiliation, endorsement or adoption by TGX of any such website or linked resource whatsoever.

When You leave our Website, You acknowledge and agree that our terms and policies do not govern Your access to, and use of, other websites. You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any website or linked resource to which You navigate from our Website.

Social Media Widgets

Our Website may include Social Media Features, such as the Facebook and Twitter buttons. These features may collect Your IP address, which page You are visiting on our Website, and may set a cookie to enable the feature to function properly. Social Media Features are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

Your California Privacy Rights

In accordance with California Civil Code 1798.83, California residents are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814, or by phone at 916-445-1254 or 800-952-5210; or by e-mail to dca@dca.ca.gov.

TGX does not share Users’ personal information with third parties for the third parties’ direct marketing purposes.  Nonetheless, if You are a California resident, You may request information about the disclosure of Your personal information to third parties for the third parties’ direct marketing purposes by emailing support@thirded.com.

United Kingdom and European Union Residents

If You are a resident of the United Kingdom or the European Union, the applicable data protection legislation permits You to request that we tell You what personal information we hold about You and how we process it and that we provide You with a copy of that information. You are also entitled to access, rectify, change, update, delete, revoke, or improve upon Your personal information at any time. You can exercise this right free of charge. We may ask You to provide further information to confirm Your identity before considering Your request. To make such a request, please send an e-mail or write us using the contact information under “Privacy Policy Information.”

In addition, for purposes of providing the Website and services, You acknowledge that TGX may transfer Your personal data to servers located in other countries outside of the United States, which provide for a different level of data protection. By using, and continuing to use the Website and services You agree to that transfer.

Australian Users

In accordance with the Privacy Act 1988 (Cth), if You reside in Australia, You are entitled to access and correct Your personal information at any time. We will, on request, provide You with access to the information we hold about You, including for the purpose of correcting or updating that information, unless there is an exception to such disclosure which applies under the Australian Privacy Principles (APPs). To make such a request, please send an e-mail or write us using the contact information under “Privacy Policy Information.”  Before we provide You with access to Your personal information we will require some proof of identity. For most requests, Your information will be provided free of charge, however, we may charge a reasonable fee if Your request requires a substantial effort on our part. If we refuse to provide You with access to the information, we will provide You with reasons for the refusal and inform You of any exceptions relied upon under the APPs (unless it would be unreasonable to do so).

Payment Processor

TGX uses Stripe (https://stripe.com) and Square (https://squareup.com) as payment processors for our services.  You acknowledge and agree that TGX may disclose personal information to Stripe and Square such as Your name and e-mail address so that Stripe or Square may contact You directly for personal information such as credit card information. TGX provides payment processors with the minimal set of personal and billing information required to process Your payment and minimize fraudulent payment risk.

You acknowledge and agree that TGX makes no representation, warranty, covenant, or claim regarding, and TGX expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices in regard to any personal information that we disclose on Your behalf or You provide to Stripe or Square directly or any other party in relation to purchasing a product or service from our Website.

You acknowledge and agree that our terms and policies do not govern any other party.

You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any third party to which You provide personal information.

Interpretation of this Privacy Policy Unless otherwise stated above, any services provided by TGX is controlled and operated by us from the United States, and we do not intend that the TGX Services subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the services, or any part of the TGX Services, are appropriate or available for use in any particular jurisdiction. Those who choose to access the services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the TGX Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.