1. General
At FSEL, we care about your personal information, so we have
prepared this Privacy Policy to explain how we collect, use, and
share it. This Privacy Policy applies to FSEL websites, mobile
apps, and related services (“Service”). By using the
Service, you agree with FSEL’s collection, use, and sharing
of your personal information in accordance with the terms of this
Privacy Policy.
Certain FSEL services are subject to additional or different
terms. For example, when you register for or take the FSEL English
Test, you are also subject to the Supplemental Privacy Terms for
the FSEL English Test.
2. Information We Collect
When you use the Service, FSEL may collect the following personal
information about you.
a. Account Registration
To register for a FSEL account, you may provide us with your age
and email address. In some countries, you may also provide us with
your phone number.
You may also register for a FSEL account using certain social
logins, such as Google and Facebook. If you register for FSEL
using a social login, FSEL may receive information about you from
your social login provider, including your email address and
contacts.
You can manage your FSEL account and social logins from your
Settings.
b. Profile Page & User-Generated Content
After you register for your FSEL account, a profile page will be
created for you (“Profile”). Your Profile will be
populated by information you submit, such as your name, username,
bio, and profile picture (“User-Generated Content”).
Your age, phone number, and email address are not included in your
public Profile and are not considered User-Generated Content under
this Privacy Policy. Other FSEL users may be able to search for
your Profile using your name, username, email address, or phone
number.
Your Profile will also include information about your learning
progress, such as the languages you are learning, your learning
statistics, and your achievements. Moreover, your Profile will
show a list of your followers and other users you follow.
By default, your Profile is public, and visible to other FSEL
users and anyone else on the Internet. In addition, your
User-Generated Content may be publicly visible. If your Profile is
public, third-party websites or web scrapers may be able to read,
collect, and use your public information for their own purposes.
However, you can set your Profile to private in your
Settings.
You may be able to submit comments that will supplement other
users’ Profiles and other users may be able to submit
comments that will supplement your Profile. Any comments you
submit are considered User-Generated Content under this Privacy
Policy. You can delete comments you submit or comments that other
users submit to your Profile.
FSEL may scan or review any User-Generated Content, or share your
User-Generated Content with a third-party content moderation
service provider, to ensure compliance with our
Community Guidelines
FSEL may restrict or delete User-Generated Content if it violates
our Community Guidelines or for any other reason.
c. Activity Data
When you use the Service, we may generate data about your use of
the Service, which may include your browser and device data, log
data, and IP address. We will also generate data regarding your
engagement in educational activities on the Service.
d. FullStory
When you use FSEL in our app or on our website, some of your
activity will be logged by a service called FullStory. FullStory
captures and analyzes your activity and provides us with data and
a video session replay of your activity to help us make the FSEL
experience better. FullStory does not record usernames, names,
profile images, email addresses, profile locations or bios, or
passwords. However, FullStory records usage patterns (e.g.,
clicks, mouse movements, scrolling, and typing), tech specs (e.g.,
browser, device type, operating system, viewfinder size, script
errors, and IP address), navigation (e.g., pages visited,
referrers, URL parameters, and session duration), and learning
activity (e.g., session progress and answers).
e. Cookies
When you access the FSEL website, we store certain data from your
browser using cookies. A cookie is a piece of data stored on the
user’s computer tied to data about the user. We use session
ID cookies to confirm that users are logged in. If you do not want
your data to be collected by cookies, there is a simple procedure
in most browsers that allows you to deny or accept the cookie
feature. However, cookies may be necessary to provide you with
certain features available on the website (e.g., customized
information). You can find more information about cookies and how
to manage them
here .
Please note that our cookies include Targeting Cookies from
Google, Facebook, Amazon, and other companies, which these
companies may use to track your activities across multiple
websites to deliver personalized advertising to you.
f. Google Analytics
We use Google Analytics, which is a web analytics tool that helps
us understand how users engage with our website. Like many
services, Google Analytics uses first-party cookies to track user
interactions, as in our case, where they are used to collect
information about how users use our site. This information is used
to compile reports and to help us improve our site. These reports
disclose website trends without identifying individual visitors.
You can opt out of Google Analytics by installing Google’s
browser add-on available
here
.
3. How We Process Your Information
FSEL may process your personal information according to the
following legal bases: to provide products or services you
request, to promote FSEL’s legitimate interests, to comply
with legal obligations, and with your consent. In particular, FSEL
may process and share your personal information in the following
ways:
a. Providing and improving the Service
FSEL will process your personal information to provide and
improve the Service. For example, we will use the information you
provide to maintain your Profile and learning progress, display
your Profile to other users (unless you make it private),
personalize learning content, detect and fix bugs, perform
research, and provide customer service to you.
FSEL may share personal information with third parties that help
us provide or improve the Service, including hosting providers
such as Amazon Web Services, search engine providers such as
Google, analytics providers such as Crashlytics, support providers
such as ZenDesk, and payment processors such as Stripe. FSEL may
also share your information with third-party vendors that support
product features such as AI, speech recognition, and content
moderation.
If you redeem a promotion code to gain a FSEL subscription, we
may share data regarding your usage of FSEL with the organization
that provided the promotion code to you.
b. Communicating with you
FSEL will use the email address or phone number you provide to
send you the following types of messages:
-
Essential messages to support the operation of the Service.
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Messages to support the FSEL teaching methodology and reinforce your learning, such as learning tips, reminders to practice, and progress reports.
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Notifications about friend requests and your friends’ progress on FSEL.
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Announcements regarding changes to the Service or products.
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Announcements of new FSEL products, services, offers, or research opportunities.
You may opt-out of receiving non-essential messages in your
Settings.
c. Complying with law and preventing harmful activities
FSEL may process and share personal information if necessary to
comply with legal requests, such as subpoenas or court orders.
FSEL may share personal information when we believe it is
necessary to comply with law, to protect our interests or
property, to prevent fraud or other illegal activity, to assist
law enforcement, or to prevent imminent harm. This may include
sharing information with other companies, lawyers, agents, or
government agencies.
d. Personalized advertising
FSEL may process and share your personal information for the
purpose of providing you with personalized advertising. To provide
personalized advertising, we work with a variety of third-party
advertising networks, marketing analytics service providers, and
website analysis firms, such as Google, Facebook, Oath, and Unity.
These third-party advertising service providers collect and use
personal information about your visits to and use of the Service,
as well as other websites, in order to serve you with
advertisements and content tailored to meet your preferences and
likely interests, and better understand ad effectiveness.
Aggregate demographic and interest data will also be used for
market research purposes.
You can opt out of receiving personalized advertising in your
Settings. You may also be able to opt out of receiving
personalized ads from advertisers and ad networks that are members
of the
Network Advertising Initiative
or who follow the
DAA Self-Regulatory Principles for Online Behavioral Advertising
using their respective opt-out tools hyperlinked above. In
addition, your mobile devices may offer settings that let you make
choices about the collection, use, and transfer of mobile app
information for personalized ads (for example, Apple iOS’
Advertising ID and Google Android’s Advertising ID). Users
in certain jurisdictions (including the European Union and United
Kingdom) are opted out of personalized advertising by default, but
may opt in.
Please note that opting out of personalized advertising does not
prevent the display of all advertisements to you. Certain FSEL
subscriptions may offer an ad-free experience.
e. Anonymous information
FSEL may process aggregated, de-identified, or otherwise
anonymous or anonymized information for any purpose. Such
information is not considered personal information.
4. Your Data Subject Rights
You also have the following rights in relation to the personal information we hold about you, in addition to any other rights required by applicable law:
-
Know what personal information we have collected about you.
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Access a copy of the personal information that we hold about you.
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Know what personal information about you we have shared with third parties.
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Opt out of the sharing of your personal information with third parties.
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Object to our processing of your personal information.
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Request that we limit our use of your sensitive personal information to what is necessary to perform the services you requested.
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Not be discriminated against for exercising your data subject rights.
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Request that we delete any personal information we have collected from you.
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Request that we correct any inaccurate personal information about you.
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Export the personal information you have provided to FSEL in a format that can be transferred electronically to a third party.
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Withdraw any consent you previously gave us to process your personal information.
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Delete your FSEL account by following the instructions in the Service.
You may update or correct your information, and exercise certain
opt-out rights, in your Settings page. To make another
privacy-related request, please send an email to
privacy@FSEL.com.
Please note that these rights are not absolute and FSEL may
refuse requests to exercise data subject rights if there is a
legitimate reason, such as if we cannot authenticate your
identity, if the request could violate the rights of a third party
or applicable law, or if the request could interfere with a FSEL
service or prevent us from delivering a service you
requested.
5. Data Retention
FSEL will generally retain your personal information until your account is deleted. However, FSEL may retain certain information longer if necessary to provide our Service, defend our legitimate interests or those of third parties, comply with legal requirements, resolve or defend ourselves in disputes, investigate misuse or disruption of the Service, or perform agreements. We may also retain anonymous data indefinitely.
6. Child Users
We know that children deserve extra privacy protection.
That’s why we treat Child Users (meaning users under the age
of 13 in the United States or another age of digital consent in
their country) differently to ensure their parents are in control
and we only collect the bare minimum information we need to make
FSEL work.
Child Users are permitted to create a FSEL account, but we ask
them to provide their parent’s email address instead of
their own, and to register using a username that is not tied to
their real name.
After a Child User registers, we will send an email to the
parent’s email address about FSEL’s privacy practices
regarding Child Users, including what personal information we
collect and how we use, share, and protect that personal
information. The email also explains how parents can request to
access, change, or delete the personal information about their
child.
All Child Users receive the following special treatment when
using FSEL (“Age Restrictions”):
-
Lessons are made age-appropriate by removing mature words like “beer” or “wine.”
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Advertisements are non-personalized and set to family-safe content.
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Child Users cannot submit their real name or any pictures to their Profile, but are represented only by a letter avatar.
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The Contact Sync feature is disabled.
-
Promotional emails are disabled.
-
Child Users’ speech data is not shared with FSEL for product improvement purposes.
Parents may remove their child’s Age Restrictions.
Additionally, parents can report any abuse to us at
abuse@FSEL.com.
In addition, all users under the age of 16 receive the following
special treatment:
-
Advertisements are set to non-personalised.
-
Third-party behavioral tracking is disabled.
-
Third-party analytics is disabled.
With regards to the Children’s Online Privacy Protection Act, FSEL collects personal information from children under the age of 13 for the sole purpose of performing internal operations of the Service. If we discover that we have unknowingly collected additional personal information from these children, we will delete it. If you believe this to be the case, please contact us at privacy@FSEL.com.
7. Do Not Track
The Service is not designed to respond to “do not track” signals sent by some browsers.
8. Links to Third-Party Websites
The Service may contain links to other websites. FSEL is not responsible for the content or privacy practices of other websites, including any personal or financial information collected by third-party payment processors. We encourage users to be aware of the privacy policies of other websites they visit. This Privacy Policy applies only to information collected by FSEL. Any time you click on a link (including advertising banners) or submit your personal information to a third-party website, you will be subject to that third party’s privacy policies.
9. Privacy Policy Updates
We may update our Privacy Policy to reflect changes to our information practices. If we do this and the changes are material, we will post a notice that we have made changes to this Privacy Policy on the Website for at least seven (7) days before the changes are made, and we will indicate the date these terms were last revised at the bottom of the Privacy Policy. Any revisions to this Privacy Policy will become effective at the end of that seven (7) day period.
10. Data Transfer
FSEL is based in the United States and processes data in the United States, which may not provide equivalent levels of data protection as your home jurisdiction. FSEL may transfer the data of users outside the United States to the United States.
11. Supplemental Terms in Certain Jurisdictions
In some jurisdictions, the Service may be subject to supplemental privacy policies or local laws. For users in those jurisdictions, the applicable supplemental privacy policies and local laws will take precedence over this Privacy Policy to the extent they conflict.
12. Contact Us
- FSEL, Inc. is the data controller of your data for the purposes of the General Data Protection Regulation (“GDPR”) and any relevant local legislation.
- FSEL’s headquarters are located within Vietnam at:
- FSEL, Inc.
- 35 Lac Trung, Hai Ba Trung, Hanoi 100000
- Vietnam
- Phone: 19000033
- For all data privacy inquiries and any questions or concerns about this Privacy Policy, please contact our Data Protection Officer at privacy@FSEL.com.
- For all support inquiries, please visit https://support.FSEL.com.
13. LICENSED APPLICATION END USER LICENSE AGREEMENT
Apps made available through the App Store are licensed, not
sold, to you. Your license to each App is subject to your prior
acceptance of either this Licensed Application End User License
Agreement (“Standard EULA”), or a custom end user
license agreement between you and the Application Provider
(“Custom EULA”), if one is provided. Your license to
any Apple App under this Standard EULA or Custom EULA is granted
by Apple, and your license to any Third Party App under this
Standard EULA or Custom EULA is granted by the Application
Provider of that Third Party App. Any App that is subject to this
Standard EULA is referred to herein as the “Licensed
Application.” The Application Provider or Apple as
applicable (“Licensor”) reserves all rights in and to
the Licensed Application not expressly granted to you under this
Standard EULA.
a. Scope of License:
Licensor grants to you a non transferable license to use
the Licensed Application on any Apple-branded products that you
own or control and as permitted by the Usage Rules. The terms of
this Standard EULA will govern any content, materials, or services
accessible from or purchased within the Licensed Application as
well as upgrades provided by Licensor that replace or supplement
the original Licensed Application, unless such upgrade is
accompanied by a Custom EULA. Except as provided in the Usage
Rules, you may not distribute or make the Licensed Application
available over a network where it could be used by multiple
devices at the same time. You may not transfer, redistribute or
sublicense the Licensed Application and, if you sell your Apple
Device to a third party, you must remove the Licensed Application
from the Apple Device before doing so. You may not copy (except as
permitted by this license and the Usage Rules), reverse-engineer,
disassemble, attempt to derive the source code of, modify, or
create derivative works of the Licensed Application, any updates,
or any part thereof (except as and only to the extent that any
foregoing restriction is prohibited by applicable law or to the
extent as may be permitted by the licensing terms governing use of
any open-sourced components included with the Licensed
Application).
b. Consent to Use of Data:
You agree that Licensor may collect and use technical data
and related information—including but not limited to
technical information about your device, system and application
software, and peripherals—that is gathered periodically to
facilitate the provision of software updates, product support, and
other services to you (if any) related to the Licensed
Application. Licensor may use this information, as long as it is
in a form that does not personally identify you, to improve its
products or to provide services or technologies to you.
c. Termination:
This Standard EULA is effective until terminated by you or
Licensor. Your rights under this Standard EULA will terminate
automatically if you fail to comply with any of its
terms.
d. External Services:
The Licensed Application may enable access to
Licensor’s and/or third-party services and websites
(collectively and individually, "External Services").
You agree to use the External Services at your sole risk. Licensor
is not responsible for examining or evaluating the content or
accuracy of any third-party External Services, and shall not be
liable for any such third-party External Services. Data displayed
by any Licensed Application or External Service, including but not
limited to financial, medical and location information, is for
general informational purposes only and is not guaranteed by
Licensor or its agents. You will not use the External Services in
any manner that is inconsistent with the terms of this Standard
EULA or that infringes the intellectual property rights of
Licensor or any third party. You agree not to use the External
Services to harass, abuse, stalk, threaten or defame any person or
entity, and that Licensor is not responsible for any such use.
External Services may not be available in all languages or in your
Home Country, and may not be appropriate or available for use in
any particular location. To the extent you choose to use such
External Services, you are solely responsible for compliance with
any applicable laws. Licensor reserves the right to change,
suspend, remove, disable or impose access restrictions or limits
on any External Services at any time without notice or liability
to you.
e. NO WARRANTY:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE
LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY
SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE
PROVIDED "AS IS" AND “AS AVAILABLE,” WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF
FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT,
AND OF NON INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED
APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE
ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING
OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED
APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall Licensor’s total liability
to you for all damages (other than as may be required by
applicable law in cases involving personal injury) exceed the
amount of fifty dollars ($50.00). The foregoing limitations will
apply even if the above stated remedy fails of its essential
purpose.
g.
You may not use or otherwise export or re-export the
Licensed Application except as authorized by United States law and
the laws of the jurisdiction in which the Licensed Application was
obtained. In particular, but without limitation, the Licensed
Application may not be exported or re-exported (a) into any
U.S.-embargoed countries or (b) to anyone on the U.S. Treasury
Department's Specially Designated Nationals List or the U.S.
Department of Commerce Denied Persons List or Entity List. By
using the Licensed Application, you represent and warrant that you
are not located in any such country or on any such list. You also
agree that you will not use these products for any purposes
prohibited by United States law, including, without limitation,
the development, design, manufacture, or production of nuclear,
missile, or chemical or biological weapons.
h.
The Licensed Application and related documentation are
"Commercial Items", as that term is defined at 48 C.F.R.
§2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software
Documentation", as such terms are used in 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation
are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to
all other end users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United
States.
i.
Except to the extent expressly provided in the following
paragraph, this Agreement and the relationship between you and
Apple shall be governed by the laws of the State of California,
excluding its conflicts of law provisions. You and Apple agree to
submit to the personal and exclusive jurisdiction of the courts
located within the county of Santa Clara, California, to resolve
any dispute or claim arising from this Agreement. If (a) you are
not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are
not accessing the Service from the U.S.; and (d) you are a citizen
of one of the countries identified below, you hereby agree that
any dispute or claim arising from this Agreement shall be governed
by the applicable law set forth below, without regard to any
conflict of law provisions, and you hereby irrevocably submit to
the non-exclusive jurisdiction of the courts located in the state,
province or country identified below whose law governs:
If you are a citizen of any European Union country or
Switzerland, Norway or Iceland, the governing law and forum shall
be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that
law known as the United Nations Convention on the International
Sale of Goods.