Work Mean
15% off MSHA Part 46 / 48
MSHA Training Program
Call us today 850-249-4525
Phone
MSSC Privacty Policy
  • Home
  • Privacy

MSSC, LLC PRIVACY POLICY



LAST UPDATED - March 30, 2022

1.  Statement of Policy.

1.1     Purpose of Policy.    Michael Schwab Safety Consulting (“Company”), collects Data furnished by Users over the Internet and by mail, e-mail, fax, phone, in person, and other means. This Privacy Policy explains Company’s policies and procedures with respect to the collection, ownership, security, use, retention, and destruction of Data collected or furnished through use of Company’s Website(s) and Application(s).

1.2     Applicability of Policy.    This Policy applies to any User who accesses or uses Company’s Website(s), Application(s), Content, or Services. This Policy applies to the Data that a User discloses or transmits to Company via its Website(s), Application(s), Content, or Services, or that is collected by Company in the course of a User’s use of Company’s Website(s), Application(s), Content, or Services.

1.3     Changes to Policy.    Company may change this Privacy Policy without prior notice. Changes to this Privacy Policy will be posted on the Website(s) and shall be effective upon posting to the Website(s).

1.4     Agreement Implied by Use.    By accessing or using Company’s Website(s), Application(s), Content, or Services, Users agree to;

(i)  the terms of the Privacy Policy in effect at the time of use and
(ii)  the collection, ownership, security, use, retention, and destruction of Data furnished by Users in the course of said use in accordance with the terms of the Privacy Policy. If a User does not agree to the terms of the Privacy Policy, the User must not access or use the Website(s), Application(s), Content, or Services.

1.5    Terms of Use.     Access to and use of Company’s Website(s) and Application(s) are governed by Company’s Terms of Use, which are incorporated herein by reference.

2.  Definitions.

“Application”  -  means any application created by Company or by a Third Party for Company that can be downloaded onto a User’s mobile phone, tablet, computer, or similar device, and is used to access or interact with the Website(s), Content, or Services.

“Content”  - means all information, content, materials, Applications, and programs made available on the Website(s) or Application(s) or with respect to providing the Services, including User-provided Content.

“Cookies”  -  means small text files placed on the device used to access the Website(s) or Application(s), containing details of browsing history on the Website(s) and use of the Application(s), among other information. Cookies may include, without limitation, the following:

• Session Cookies:  Cookies that are essential to provide access to Company’s Website(s), Application(s), Content, and Services. These Cookies help authenticate Users and prevent fraudulent use of the Website(s) and Application(s). Without these Cookies, Users cannot access the Website(s), Application(s), Content, and Services. Session Cookies only remain on a User’s device while the User is using or accessing the Website(s), Application(s), Content, or Services.

• Persistent Cookies:  Cookies that identify whether Users have accepted the use of Cookies on the Websites(s) and Application(s), remember choices Users make on the Website(s) and Application(s), and track User Data. Persistent Cookies remain on a User’s device even after the User stops using or accessing the Website(s), Application(s), Content, or Services.

“COPPA”  - means the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506, and any regulations promulgated pursuant thereto.

“Data”  - means all information furnished by Users and others through the Website(s) and Application(s). Data may include Content, Personal Information, and Non-Personal Information.

“Non-Personal Information”  - means information about the User’s use of Company’s Website(s), Application(s), Content, and Services. Non-Personal Information may include such information as a User’s web requests, Internet Protocol address, browser type, browser language, the date and time of a User’s request, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, Cookies that may uniquely identify the User’s browser, and other elements employed in the Website(s) and Application(s). Non-Personal Information, which may be collected passively using various technologies, may or may not specifically identify the User. Company may store such information itself or it may be included in databases owned and maintained by Company’s affiliates, agents, or Third Parties.

“Personal Information”  - means any information that identifies an individual person, such as name, address(es), phone number(s), email address(es), date of birth, and user name and password as well as any User-specific Content a User furnishes to Company through the Website(s) or Application(s).

“Services”  - means the services provided by Company.

“Third Parties”  - means entities other than Company, its affiliates, and agents that may access or use Data for various purposes, including the operation and maintenance of the Website(s), Application(s), and Content, provision of the Services, and marketing (both on behalf of Company and on behalf of Third Parties).

“User”  - means any user of the Website(s), Application(s), Content, or Services

“Website”  - means any website owned, maintained, or operated by Company or by any third party subject to an agreement with Company to maintain and/or operate a website on behalf of Company.

3.  Furnishing and Collection of Data.

3.1   Data Furnished by Users. Company continuously collects Data from all Users either directly or through Third Parties as Users access and use the Website(s), Application(s), Content, and Services. In particular, without limitation, Company collects Data when a User sets up an Account (as defined in the Terms of Use) or makes a purchase from Company, including the User’s name, phone number, email address, shipping information, and/or credit card or other payment information in order to provide the Services.

3.2  Cookies. When the Website(s), Application(s), Content, or Services are accessed or Data is furnished or collected, the Website(s) or Application(s) may place one or more Cookies on the device used to access the Website(s) or Application(s). Most web browsers automatically accept Cookies but a User can usually modify the browser settings to decline Cookies. If a User declines certain Cookies, the User may compromise the ability to have some features of the Website(s) and Application(s) function properly. Cookies are used to collect and analyze Data for the purposes stated in this Privacy Policy.

4.  Use of Data.

Company uses Data for any lawful purpose including the following:

(i)  operating, maintaining, and providing Users all of the features of the Website(s), Application(s), Content, and Services including the display of customized content and advertising;
(ii)  establishing contact with Users to deliver special offers, promotions or other information;
(iii)  auditing, research and analysis in order to maintain, protect and enhance the Website(s), Application(s), Content, and Services;
(iv)  ensuring the functionality and usability of the Website(s), Application(s), Content, and Services;
(v)  installing and monitoring elements for security purposes;
(vi)  creating User profiles that permit Company to better understand what information a given User might like to receive from Company;
(vii)  providing Users with information and notices related to Company;
(viii)  inviting Users to participate in surveys conducted by Company;
(ix)  developing new products, Content, and Services; and
(x)  improving Company’s marketing and promotional efforts.

Other uses by Company of Data may include the following.

4.1  Marketing. Company may use Data to send commercial or marketing phone calls, text messages, or email messages to a User without a User’s express consent, unless the User has opted out of receiving such messages.
By agreeing to the Terms of Use and this Privacy Policy and accessing or using the Website(s), Application(s), Content, or Services, you agree to be included in the Company’s email newsletter distribution list. If you would like to opt out of Company’s newsletters, you can follow the opt-out procedure specified in the emails.

4.2  Research and Analytics. Company may conduct research on User demographics, interests, and behavior based on the Data provided to Company. Such research may be compiled and analyzed on an aggregate basis and Company may share this aggregated information with Company’s affiliates, agents and Third Parties, for any lawful purpose. Aggregate information will not identify any User personally.

4.3  Sharing of Personal Information. Except as otherwise provided herein, Company will limit its sharing of Personal Information as follows:

(i)  Company will share Personal Information upon obtaining User consent;
(ii)  Company will share Personal Information to the extent required by law (such as in response to a subpoena or court order); and
(iii)  Company may share Personal Information with affiliates, agents, and Third Parties to support Company’s business operations, provided said affiliates, agents, and Third Parties have agreed to maintain the security of User’s Personal Information and refrain from using it for any purpose other than supporting Company’s business operations.

4.4  Business Transfers. In the event that Company or substantially all of Company’s assets are acquired by an unrelated Third Party, Data may be one of the transferred assets. If such an event happens, Company will make a reasonable effort to provide notice to Users before Personal Information is transferred and becomes subject to a different privacy policy. In the negotiation of any potential merger, acquisition, or sale of Company, it may share with Third Parties certain pieces of aggregated, Non-Personal Information. In the event of Company’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, Company may not be able to control how Data is treated, transferred, or used but will make a reasonable effort to inform Users of the transfer of their Personal Information.

4.5  Disclosure to Third Parties. Company may disclose Data to Third Parties including credit card or payment processors, cloud storage providers, customer support tools, product development tools, information technology and security service providers, and marketing or analytics tools. Disclosure shall be for the purposes of providing the Services, operating, and maintaining the Website(s), Application(s), and Content, communication with Users (including sharing Data between Users), and marketing to Users to the extent permitted by law.

5. Ownership and Use of User’s Content.

User shall have the right, subject to the limitations herein, to upload User’s Content to SafetySkills’ Learning Management System. Upon expiration or termination of the User’s contract term, User acknowledges and agrees that it will no longer have access to the Learning Management System and thus will lose access to its uploaded Content. At any time, SafetySkills has the right to review, approve, and remove User-uploaded Content at SafetySkills’ sole discretion. User agrees that it will not upload any Content that is:

(i)  harmful to SafetySkills’ Learning Management System,
(ii)  not owned or licensed by User,
(iii)  illegal, lewd or otherwise offensive material that might reflect poorly upon SafetySkills,
(iv)  competitive to SafetySkills,
(v)  for any illegal purpose or in violation of any local, state, national, or international laws, or
(vi)  violating or encouraging others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights. For the avoidance of doubt, User’s ability to upload its Content to SafetySkills’ Learning Management System is a right that can be terminated at any time by SafetySkills in its sole discretion.

6.  Security of Data.

6.1  Company Security Measures.     Company and its affiliates, agents, and Third Party vendors take reasonable and legally-required steps to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of the Personal Information furnished by a User to Company. Such steps may include internal reviews of data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where Personal Information is collected, stored, and/or maintained. No Internet or e-mail transmission, however, is ever fully secure or error free. Company does not warrant or ensure the security of any Personal Information or any other Data that a User transmits or discloses to Company. Company also cannot guarantee that any such information will not be accessed, disclosed, altered, or destroyed by breach of any of Company’s physical, technical, or managerial safeguards, including this Privacy Policy. Therefore, a User should take special care in deciding what Data is furnished to Company.

6.2  Security Measures Required of Users.    When a User accesses the Website(s), Application(s), Content, or Services, Company may require that a secure connection between a User’s computer and Company’s server be established. To accomplish this, Company and its affiliates, agents, or Service Providers may use a technology called Secure Socket Layers (SSL), an encryption technology that works with most browsers. A secure connection is maintained until a User leaves the secure area. Although SSL encryption is intended to safeguard the confidentiality of Personal Information as it travels via the Internet, ironclad security does not exist on the Internet, and accordingly, Company cannot guarantee the safety of the transmission of any Personal Information over the Internet.

6.3  Payment Security and Encryption.    When Company transfers and receives certain types of sensitive information, such as payment information, it may redirect Users to a secure server. Users will be notified through a certificate to that effect. Company uses a variety of security measures and employs appropriate physical, administrative, and technical safeguards to protect against the loss or unauthorized use, alternation or disclosure of, or unauthorized access to, the personal and payment information under Company’s control.

7. Additional Provisions.

7.1  COPPA.    Company will ensure that its Website(s) and Application(s) comply with COPPA, to the extent applicable. Company does not attempt to knowingly solicit Personal Information from children under the age of 13. If Company learns that someone under the age of 13 has provided Personal Information without his or her parent’s or guardian’s consent, Company will use reasonable efforts to remove such information from its records.

7.2  Retention and Destruction of Data. Company will retain Data for as long as is necessary for the purposes set out in this Privacy Policy, including provision of the Services. Except where prohibited or limited by law, Company may destroy Data at any time in its sole discretion.

7.3  Servers.    Company may possess Data on servers located throughout the United States or in other countries.

7.4  Exclusions.    This Privacy Policy shall not apply to any unsolicited Data a User provides to Company. Unsolicited Data includes (i) information posted to any public areas of the Website(s); (ii) any ideas for modifications to the Website(s), Application(s), Content, and Services, and (iii) User-furnished Content, that by its nature is accessible or intended to be accessible to other Users of the Website(s), Application(s), Content, and Services. Unsolicited Data shall be deemed to be non-confidential and Company shall be free to reproduce, use, disclose, and distribute such unsolicited Data to others without limitation or attribution.

7.5  Updating Personal Information.    Company takes reasonable steps to ensure that Personal Information is accurate, complete, and current, but depends on Users to update or correct their Personal Information whenever necessary. Users must identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and Company may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required.

7.7  Other Sites.    This Privacy Policy applies to Company’s Website(s), Application(s), Content, and Services only. Company does not exercise control over any Third Party websites. Third Party websites accessed by a User may place their own Cookies or other files on a User’s device, collect Data, or solicit Personal Information from a User. Links to Third Party websites from the Website(s), Application(s), and Content do not imply Company’s review or endorsement of the Third Party websites or certification that the Third Party websites will comply with privacy protections with respect to Data.

7.8  Enforcement.    Users may direct inquiries regarding enforcement of this Privacy Policy to Company through its Website(s). Upon receipt of an inquiry, Company will investigate the same and provide a response to the User. Company will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of Data that cannot be resolved directly between Company and a User. Any dispute, controversy or claim arising out of or relating to this Privacy Policy shall be settled by binding arbitration, before one (1) arbitrator, according to the Arbitration Agreement in the Terms of Use.

7.9  Notice of Privacy Rights to California Residents.    California law requires that Company provide Users with a summary of privacy rights under the California Online Privacy Protection Act and the California Business and Professions Code. California law requires Company to inform a User, upon request, of the following:

(i)  the categories of Personal Information Company collects and what third parties Company shares that information with;
(ii)  the names and addresses of those third parties; and
(iii)  examples of the products marketed by those companies. California law further requires Company to allow a User to control whom the User does not want Company to share that information with. Company does not currently share Personal Information with third parties. For any inquiry related to this notice, please send a request by email or standard mail to Company. When contacting Company, a User should identify the User’s name, address, email address, and what Personal Information the User does not want Company to share with third parties. The request should be labeled “California Customer Choice Notice.” Company may take up to thirty (30) days to respond. There is no charge for a User’s request to control the sharing of Personal Information or giving notice under this Section 7.9.

7.10  Notice of Privacy Rights to United Kingdom and European Union Residents.    To the extent access to or use of the Website(s), Application(s), Content, and Services is made by residents of the United Kingdom or the European Union, Company discloses that it only collects User names and email addresses (which are typically company or work email addresses) for individual Users. Company uses that information for the sole purpose of monitoring training completion by Users, reporting the same to Users and their employers, and for no other purpose. Users, their respective employer(s), and Company will have sole access to such information. Users have the right to correct any error with respect to their personal information and to request that their personal information be erased, only to the extent required by United Kingdom and European Union law and regulation.

QUESTIONS:

Written inquiries may be addressed to: Michael Schwab Safety Consulting (MSSC), 21 Emory Drive, Pensacola, FL 32506.    If you have any questions about this Privacy Statement or this website, please contact us directly at: support@getMSSC.com or 563-329-1601.

 

Designed & Developed By MSSC

© Copyrights 2023 Michael Schwab Safety Consulting All rights reserved.