PRIVACY POLICY

1. WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy provides information on the collection, use, sharing and processing of personal information by LMS Head offices, whose details are set out on this webpage, (“LMS”) in connection with your use of LMS websites and social media pages that link to this Privacy Policy, your interactions with LMS, whether in offline or online, and your use of LMS’s products and services. This Privacy Policy also explains the choices you have in relation to these processing activities.

This Privacy Policy does not apply to non-LMS websites, services, products, applications or social networks (“non-LMS offerings”) that you may link to or connect with when interacting on LMS websites

This privacy Policy will cover all partners, users and our Network clients.

“user” is a reference to any person, including a natural person, a company, a body corporate, an association, Suppliers, B2B who visit and/or use LMS websites or social media pages, attendees at LMS events, customers and prospective customers and their representatives, channel partners and their representatives and LMS’s employees;
“personal information” means information that relates to an identified or identifiable person such as a name, identification number, location data or online identifier;
“process” means any operation or set of operations that is performed on personal information, including the use of, recording, copying, compiling, collecting, collating, structuring, processing, mining, storing, erasing, altering, disclosing by transmission, disseminating and/or transferring such personal information;
“LMS offerings” means any one or more of LMS ’s products, services, Partner social media pages, non-marketing related newsletters, case studies, blogs, education services and materials, webinars, events and LMS websites and the services, tools, content and features made available through the LMS websites; and

The interpretation of general words shall not be restricted by being followed by words including a particular class of acts, matters or things or by being followed by particular examples.

2. CONSENT

If you do not agree with this Privacy Policy, please do not access or use LMS offerings or interact with any other aspect of LMS business.

LMS may change this Privacy Policy from time to time. If there is an important change, LMS will inform you about such change in an appropriate way, such as a pop-up notice or a statement of the changes on this website. Your continued interaction with and use of LMS offerings will constitute your consent to the current version of this Privacy Policy.

3. WHAT INFORMATION LMS COLLECTS ABOUT YOU

LMS may collect information directly from you, including: your name, physical address, email address, telephone numbers and / or your identification number and, in the case ofa natural person, your company’ s name, your company’ s identification number, your job title, your business telephone number and / or email address, such as when you submit an enquiry to LMS, when you contract with LMS for a LMS offering or when you create an online account or profile to access LMS offerings;

Your payment information if you purchase or subscribe for LMS offerings that are provided by way of LMS websites or if LMS needs to process a payment to you.
Your company logo for display on LMS websites as recognition of the relationship that exists between you and LMS, whether as a customer, a channel partner or a supplier;
The passwords and login details that you have created to access your account with LMS in respect of the LMS offerings;and / or
Your opinions relating to LMS offerings received from surveys.
Internet Protocol address (“IP address”) and information derived from your IP address, such as your geographic location, your company or when you access LMS websites;
information about the device that you use to access LMS websites, such as device type and version, mobile device identifier, browser type, operating system, the presence or use of applications or information about your preferred language;
Information about the company that you work for, such as the name, size, location, industry or its public officers;
Behavioural or demographic attributes, when tied to personal information that identifies you;
behavioural data about the internet connected device you use when interacting with LMS websites, such as webpages clicked, content areas visited and time spent on webpages, content downloaded, date and time of activities, how often you access LMS websites or the web search used to locate and navigate to a LMS website;
Transactional data, including products and services that you have enquired about or ordered or are using;
your activities in relation to LMS offerings, such as the applications you have purchased through the LMS App store, the support issues you have logged, the certification you have achieved or, in the case ofa channel partner, the customers that you have sublicensed LMS products to;
your use and navigation of LMS websites and your use of the services, products, tools and material made available by way of LMS websites;and / or
Aggregated information relating to the use of LMS offerings, such as which features or aspects of LMS offerings are used the most or the least or any errors or problems that are registered in respect of specific features or aspects of the LMS offerings.
In some instances, LMS may combine other information with personal information. If LMS combines other information with personal information, LMS will treat the combined information as personal information.

4. HOW LMS COLLECTS INFORMATION

LMS, its affiliates and its third party service providers may collect information from a variety of sources including:

when you provide the information to LMS or its third party service providers either directly or through LMS websites;
your interaction with LMS , your use of LMS offerings and your access to and activities on or in relation to LMS Marketing;

The use of technologies on LMS websites such as:

Electronic communication protocols – when you visit LMS websites, LMS may automatically receive information from you as part of the communication connection itself, which may include the information listed in clauses 3 above, and LMS may also automatically receive and record information about your interaction with LMS websites;
Cookies – are small text files sent by a web server to store information on your browser so it can later be read back from that browser. Cookies collect information such as your device ID, your IP address, behavioural data of your device usage on LMS websites and general usage and volume statistical information. Cookies remember login details and provide secure login, keep track of information you have provided to LMS ERP , remember your task or transaction progress, analyse site usage to provide custom content, conduct analytics to optimise LMS website functionality, post comments. You can set your browser to alert you when a cookie is being used and accept, reject or disable the cookie. If you reject or disable a cookie, you may not be able to use certain functions or features of a LMS website;
Tags (often called pixels) – are small blocks of code on a web page that allow LMS websites to do things like read and place cookies on your browser or device. LMS uses tags to collect information about you when you visit LMS websites, such as your IP address, the time that you visited the LMS website and the type of browser you used, and your behaviour on the LMS websites, such as which webpages you accessed or what information you downloaded; and/or
Analytics tools – these tools may establish your location, track how you use LMS websites or create a profile of you. This assists LMS to determine which content is the most appropriate to be displayed while you visit LMS websites, which LMS offerings you are interested in and how you are using the information that is made available to you on LMS websites; and/or
Other data you may have made publicly available, such as social media posts or when you ‘like’ LMS, share content or follow LMS on Twitter or data provided by third party sources, such as professional networking sites or information service providers.

5.HOW LMS USES THE INFORMATION

Depending on which of the LMS offerings you use, how you use those offerings and any preferences you have communicated to LMS, LMS may use your personal information (unless otherwise restricted by applicable law):

To communicate with you and respond to your requests or enquiries which LMS may have received by you submitting contact forms on LMS websites, attending LMS events, sending an email to LMS or by visiting social media platforms;
To interact with you on third party social networks, such as providing a hashed user ID to third party social networks or other web offerings where this information is matched against their databases to display more relevant information to you;
If you choose to register with LMS, such as to become a channel partner or as a customer or to receive LMS offerings, to create and manage an account for you;
To engage in transactions with you and to process your transactions, such as sending you licence keys to activate your use of LMS’s products, activating your subscription to a service or sending you invoices;
To perform in terms of an agreement that you or your company have entered into with LMS , such as providing you with the relevant LMS offering, verifying your identity, taking payments and sending you necessary communications;
To process activities necessary to perform or provide the LMS offerings, such as testing and applying new products, patches and updates and resolving errors and other issues that you have reported to LMS;
To track or record your use of LMS offerings, such as the version of LMS software you are using or the webinars you have attended;
To communicate with you about any matters or information relating to LMS offerings, such as new product releases and service developments, updates, events, special offers, promotions or requirements and benefits applicable to channel partners. This information may apply specifically to you or generally to all parties using those or related LMS offerings. This may occasionally include information from other business partners about their products and services that can add value to LMS offerings;
To send you newsletters and notify you about blogs published on LMS websites;
To share information about your use of LMS offerings with your company, such as the courses that you have registered for, the certifications that you have achieved or the tools that you have downloaded;
To provide LMS online communities and moderate the activities that take place on such platforms. LMS websites may permit you to participate in interactive discussions, post content and engage in networking activities. Certain of your personal information, such as your name, may be visible to other participants. LMS does not control the content that users post to these forums. You should carefully consider whether you wish to submit personal information to these forums. Please refer to clause 11 below regarding your right to manage or remove your personal information from LMS online communities;
To help create and personalize content for you on LMS websites and to facilitate and improve your use of the LMS websites;
To diagnose problems in respect of LMS websites, to administer LMS websites, to keep LMS websites secure and to gather demographic information about the users of LMS websites;
To conduct surveys and market research in respect of various topics, such as LMS’s customers or channel partners or their experience of LMS offerings or the effectiveness of LMS’s marketing campaigns or learning courses, to evaluate and improve the use, function and performance of LMS offerings, marketing and sales campaigns and LMS’s customer, channel partner and supplier relationships;
To investigate and prevent potential fraud or illegal activities involving LMS’s systems and networks, to administer LMS’s back-up and disaster recovery plans and policies and to confirm compliance with licensing and other terms of use applicable to LMS offerings;
To comply with applicable laws and to operate LMS’s business, such as confirming your identity, responding to a request from a regulator, defending a legal claim, conducting internal audits and investigations or for finance and accounting, archiving and insurance purposes;

As LMS believes to be necessary or appropriate to protect you, LMS’s employees and affiliates and other users of LMS offerings, LMS’s physical and online operations, LMS’s property, LMS’s rights and LMS’s privacy and/or that of LMS’s affiliates, you or others; and/or

Carry out any other purpose described to you at the time the information was collected from you.

Some of the personal information uses specified above are not mandatory and may be controlled by you by setting use preferences or electing to option out, however your decision to do so may affect your use of LMS offerings and/or LMS’s ability to transact with you.

If you are a natural person residing in the European Union, LMS’s basis for processing your personal information is the following:

In order to communicate adequately with you and to respond to requests, LMS needs to process information about you and therefore LMS has a legitimate interest in processing this information;
In order to engage in transactions with customers, suppliers and partners and to process purchases and downloads of LMS offerings, LMS needs to process information about you as necessary to enter into or perform a contract with you;
LMS processes personal information for marketing and sales activities based on your consent where so indicated on LMS websites at the time your personal information was collected or further to LMS ’s legitimate interest to market and promote LMS offerings;
LMS relies on its legitimate interest to analyse, develop, improve and optimise LMS offerings and to maintain the security of its websites, networks and systems;
In order to comply with LMS’s legal obligations, applicable laws and regulations, such as to comply with a subpoena or other legal process or to process an opt-out request.

6. WHEN AND HOW LMS SHARES YOUR INFORMATION

LMS uses and shares the personal information it collects (unless otherwise restricted by applicable law):

Globally between and amongst LMS Proprietary Limited and its regional offices. LMS employees are authorised to access personal information only to the extent necessary to serve the applicable purpose and to perform their job functions;
With third parties who provide services to LMS such as analytics, hosting websites, payment processing, marketing and promotions, event /campaign management, website management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, legal and other similar services;
With third parties who provide products to LMS which are incorporated into or used with LMS offerings;
With specific partners that offer complementary products and services;
With your consent, such as displaying your testimonial as a satisfied customer or partner on a LMS website;

As LMS, in good faith believes to be necessary or appropriate:

Under applicable law, including laws outside your country of residence or business;
To comply with legal process;
To respond to requests from public and government authorities, including public and government authorities outside your country of residence or business, for national security and/or law enforcement purposes;
To enforce LMS’s terms and conditions;
To allow LMS to pursue available remedies or limit the damages that LMS may sustain.

With the relevant third party in the event of a reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of LMS’s business, assets or shares (including in connection with any bankruptcy or similar proceedings).

When LMS shares personal information with third parties, LMS requires that your personal information is processed only to the extent that such processing is necessary and subject to terms consistent with this Privacy Policy.

LMS does not sell or rent your personal information to third parties for any purpose.

LMS may use, transfer and disclose other information, which is not personal information, that LMS collects for any purpose, such as statistical information about visitors to LMS websites, except where applicable law requires otherwise.

7. ANOTHER PERSON’S INFORMATION

If you share any personal information with LMS that relates to another person (“Data Subject”) you warrant and undertake to and in favour of LMS that:

You are in lawful possession and control of the personal information and that you have the consent of the Data Subject to allow LMS to process and in any other manner use such personal information for the purpose for which it was collected or made available and as contemplated in this Privacy Policy;
The Data Subject has consented to the Data Subject’s personal information being processed in a country that is different to the Data Subject’s country of residence or business;
You will promptly inform LMS in writing in the event that a Data Subject requests that its personal information be updated or in the event that a Data Subject withdraws the consent referred to in this clause 7.1;
You will be responsible for ensuring the correctness or accuracy of the Data Subject’s personal information that is processed by LMS.
You indemnify, defend and hold LMS harmless from and against any and all claims, demands, causes of action, liabilities, losses, damages, judgments, settlements, fines, penalties, awards, costs, expenses and fees (including legal costs and fees on an indemnity basis) that may be sustained, suffered or secured against or incurred by LMS arising out of or resulting from:

You indemnify, defend and hold LMS harmless from and against any and all claims, demands, causes of action, liabilities, losses, damages, judgments, settlements, fines, penalties, awards, costs, expenses and fees (including legal costs and fees on an indemnity basis) that may be sustained, suffered or secured against or incurred by LMS arising out of or resulting from:

LMS lawful processing of a Data Subject’s personal information;
The personal information not being correct or accurate; or
Your breach of the above provisions.

8. FOR WHAT PERIOD DOES LMS RETAIN PERSONAL INFORMATION

The time periods for which LMS keeps your personal information may vary according to the use or purpose attached to the personal information. LMS will keep your personal information (i) only for as long as it is required to fulfil the purpose for which the personal information was collected or for which it is to be processed or (ii) until you withdraw your consent. However, where LMS is required by applicable law to retain your personal information longer or where your personal information is required for LMS to assert or defend against legal claims, LMS will retain your personal information until the end of the relevant retention period or until the claims in question have been settled.

At the end of the retention period, LMS will delete your personal information in a manner designed to ensure that it cannot be reconstructed or read.

9. HOW LMS SECURES YOUR PERSONAL INFORMATION

LMS uses reasonable technical and organisational safeguards that are designed to protect your personal information from unauthorised or unlawful processing, accidental loss, misuse, unauthorised access, disclosure, alteration and destruction.

All transmission of data to and from LMS servers is encrypted using Secure Sockets Layer (SSL) technology.

However, despite LMS efforts, no security controls are 100% effective and LMS cannot guarantee the security of your personal information. In the event that your personal information is acquired, or is reasonably believed to have been acquired, by an unauthorised person and applicable law requires notification, LMS will give you notice promptly. LMS will determine the scope of the breach and investigate and restore the integrity of the data system.

It is important for you to protect against unauthorised access to your account password and to your devices.

10. HOW LMS TRANSFERS INFORMATION IT COLLECTS INTERNATIONALLY

LMS collects and shares information globally.

For purposes of providing the LMS offerings to you, LMS may transfer, process and store your personal information outside your country of residence or business to wherever LMS or its third party service providers operate. In some of these countries, such as the France & India, the privacy protections and rights of authorities to access personal information may not be equivalent to those applicable to your country of residence or business. However, in such circumstances LMS requires that any processing of your personal information in such country will be subject to the provisions of this Privacy Policy.

11. YOUR RIGHTS

You may have rights to:

You may Request information from LMS at any time about the personal information that LMS processes about you;
Request a copy of the personal information that you have provided to LMS. LMS will carefully consider your request and discuss with you how LMS can best fulfil it;
Withdraw consent you have previously provided for the processing of your personal information;
Ask LMS to erase or delete all or some of your personal information;
Edit some of your personal information or request LMS to change, update or fix your personal information in certain cases, particularly if it is inaccurate;
Ask LMS to stop using all or some of your personal information or to limit LMS use of your personal information.
Please note that these rights are not absolute and certain exemptions apply.

You can exercise some of the above rights by:

Logging into the LMS offering and using settings available within the offering or updating your profile settings and modifying content that contains information about you using the options associated with that content;
Using the unsubscribe link within promotional communications or updating your email preferences within your profile settings;
Adjusting your browser settings; and/or
Contacting LMS via the details provided in clause 17 below.
LMS will accommodate your request in terms of clause 11 above to the extent that it does not conflict with a statutory obligation or prevailing right of LMS.
You acknowledge that:
Any request in terms of clause 11 above may mean that you may not be able to continue using some or all of the LMS offerings;
any request in terms of clause 11 above will have no effect on LMS ’s past processing of information up until LMS’s receipt of your request;
Even though you may opt out of receiving marketing communications, you cannot opt out of, and will continue receiving, transactional communications from LMS regarding your contracted LMS offerings.

12. LINKS TO OTHER SITES

LMS websites may contain links to websites of other parties. LMS is not responsible for the privacy practices or the content of such other websites. Therefore, you must carefully read the privacy statements of such websites.

13. NOTE ABOUT CHILDREN

LMS services are focussed on serving the needs of businesses and are not directed to minors (being children below the age of 18 years). Therefore minors are not eligible to use LMS websites or transact with LMS and LMS requests that they do not submit any personal information to LMS.

If you believe that LMS has mistakenly or unintentionally collected personal information of a minor, please notify LMS via the contact details contained in clause 17 below so that LMS may immediately delete the information from LMS’s or its service providers’ servers and make any other corrections.

14. SENSITIVE INFORMATION

Save for information relating to your dietary preferences that you may furnish to LMS if you attend any functions hosted by LMS, as your sensitive personal information is not required for your transactions or communications with LMS, you undertake not to send or share with LMS or publish on LMS online communities any sensitive personal information (such as information related to racial or ethnic origin, political opinions, religious or other beliefs, health, genetic data, biometric data, criminal background or trade union membership). LMS reserves the right to remove and destroy such information.

15. DISPUTES

If you have any complaints regarding LMS compliance with this Privacy Policy, you should first contact LMS at the details recorded in clause 17 below. LMS will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with this Privacy Policy. If your complaint is not satisfactorily resolved, you may lodge a complaint with the necessary regulatory authority.

This Privacy Policy shall be deemed to be made under the laws of the Republic of France & India and the construction, validity, interpretation and performance of this Privacy Policy as well as any dispute related to or arising from this Privacy Policy shall be governed in all respects by the laws of the Republic of France & India without regard to the principles of conflict of laws and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods. You and LMS hereby submit to the exclusive jurisdiction of the courts of the Republic of France & India

Not with standing the foregoing, nothing in this Privacy Policy precludes LMS from taking proceedings against you in any court of competent jurisdiction nor will the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in other jurisdictions, whether concurrently or not.

16. GENERAL CLAUSES

This Privacy Policy records the entire understanding and agreement between LMS and you with respect to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded in this Privacy Policy.

In the event that any provision of this Privacy Policy is or may become illegal, invalid, unlawful or unenforceable in any jurisdiction affected by this Privacy Policy, such provision as to such jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as not written in this Privacy Policy and severed from the balance of this Privacy Policy, without invalidating the remaining provisions of this Privacy Policy or affecting the validity or enforceability of such provision in any other jurisdiction.

LMS failure to enforce any provision of this Privacy Policy will not constitute a waiver of such provision or affect in any way LMS right to require the performance of such provision at any time in the future.

You shall not be entitled to cede or assign your rights or delegate your obligations in terms of this Privacy Policy to any third party without LMS prior written consent.

The termination of your relationship with LMS for any reason, or the cessation of your use of LMS offerings shall not affect the provisions of this Privacy Policy as expressly provide that they will operate after any such termination or cessation or which of necessity must continue to have effect after such termination or cessation notwithstanding that the provisions themselves do not expressly provide for this.

The head notes to the paragraphs to this Privacy Policy are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the female and neuter genders and words importing persons shall include partnerships and corporate and unincorporated entities.

No provision in this Privacy Policy shall be construed against or interpreted to the disadvantage of LMS by reason of LMS having or being deemed to have structured, drafted or introduced such provision.

17. LMS CONTACT DETAILS

If you believe that your personal information has been used in a way that is not consistent with this Privacy Policy or your choices, or if you wish to submit a request to LMS regarding your personal information or if you have any questions or comments related to this Privacy Policy, please address same in writing to the Information Officer at:

Email address: info@lmserp.com

Physical address:

LAROZE MULTISERVICES
No. 2, Allée du Nil,
92160 Antony,
France
Ph: 06 61 83 03 18
Mail : info@larozemultiservices.com

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