Africa Tech Schools | Terms of Service

Terms of Service

Last Updated: January 10th, 2022

Welcome to Africa Tech Schools. Please read on to learn the rules and restrictions that govern your use of our websites, products, services and applications (the “Service”). If you have any questions, comments, or concerns regarding these terms or the Service, please contact us at policy@africatechschools.com.

These Terms of Service (the “Terms”) are a binding contract between you and Africa Tech Schools, Inc. (“Africa Tech Schools,” “we”, “our” and “us”). By using the Service in any way, you agree to and accept all of these Terms, and these Terms will remain in effect at all times while you use the Service or any data obtained through the Service. These Terms govern your access to the Service and use of all data, content and other information on Africa Tech Schools’s websites, applications, products and other properties and include the provisions in this document, as well as those in the Attribution Instructions, Data Use Addendum, Engagement Suite Terms, Copyright Dispute Policy, Privacy Policy, GDPR Privacy Policy, and Cancellation Policy.

These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Service, so these Terms may need to change along with the Service. We reserve the right to change these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Africa Tech Schools website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service. If you use the Service in any way after a change to these Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by you and Africa Tech Schools.

What about my privacy?

Africa Tech Schools takes the privacy of its users very seriously. For the current Africa Tech Schools Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Service or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at policy@africatechschools.com.

What are the basics of using the Service?

As part of using the Service you may be required to sign up for an account and select a password and email or user name (your “Africa Tech Schools User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Africa Tech Schools User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Your right to access the Service is personal to you and you may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. You will only use the Service and Content (defined below) in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service. We can’t and won’t be responsible for your use of the Service in any way that breaks the law.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Your use of the Service is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute or submit any User Submission (defined below) or other materials or otherwise use the Service or interact with the Service in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Africa Tech Schools);

(b) Violates any law or regulation, including without limitation any applicable export control laws and/or data privacy laws, or would cause Africa Tech Schools to be in violation of any law or regulation (including, without limitation, any laws relating to labor, employment, or the issuance of securities);

(d) Jeopardizes the security of your Africa Tech Schools account or anyone else’s (such as allowing someone else to log in to the Service as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) Runs any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service infrastructure);

(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or Content (through use of manual or automated means);

(i) Circumvents or attempts to circumvent any features, limitations, or restrictions of the Service (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools);

(j) Copies or stores any significant portion of the Content;

(k) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service.

A violation of any of the foregoing is grounds for account suspension or termination of your right to use or access the Service.

What are my rights with respect to the Service?

The materials displayed or published or available on or through the Service, including, but not limited to, text, graphics, data, articles, information, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service in any way (including through the Africa Tech Schools website, API, mobile applications, downloads, etc.). You will not use, copy, reproduce, adapt, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you in a way that violates someone else’s (including Africa Tech Schools’s) rights. Notwithstanding the foregoing, you may display insubstantial excerpts of Content for criticism, commentary, news reporting, teaching, scholarship, research and similar purposes, provided:

The use does not compete with the Service; and
Proper attribution is provided to Africa Tech Schools (please follow our Attribution Instructions to ensure that you are properly attributing Africa Tech Schools).

Any other uses of Content require Africa Tech Schools’s prior written consent.

You understand that Africa Tech Schools owns the Service. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, re-sell, sublicense, re-distribute, or otherwise exploit any aspect of the Service.

If you would like to use Content in any manner other than as expressly permitted by these Terms (for example, exporting data via Africa Tech Schools’s API or including data in any other product or service), please visit our products page to learn more about the different ways that Africa Tech Schools provides its data and find the solution that is right for you. You may be required to submit an application and/or meet certain eligibility criteria in order to participate in a program, and there may be different terms and conditions which apply to the specific program that you choose. You must agree to all terms and conditions and, if applicable, pay all required fees which apply to your specific program. These Terms apply to all such programs unless specifically stated otherwise in the applicable program terms.

Do I have to grant any licenses to Africa Tech Schools or to other users?

Certain parts of the Service may allow you to integrate with other third-party accounts of yours, such as data from your productivity tools (e.g. CRMs, e-mail, sales engagement tools, etc.). If you choose to use these parts of the Service, you grant Africa Tech Schools all licenses and rights necessary for Africa Tech Schools to provide the Service to you, including a license for Africa Tech Schools to read and write to your third-party account, to extract data from and upload data to your third-party account, and to share data extracted from your third-party account with other members of your team or institution, as further described in the next paragraph.

Anything you post, upload, share, store, integrate with or otherwise provide through the Service is your “User Submission.” Some User Submissions (such as profile data you contribute to Africa Tech Schools, or information you elect to share with other users through the Service, such as your team members) are viewable by other users. For all User Submissions, you hereby grant Africa Tech Schools a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to translate, modify, aggregate, reproduce, display, distribute, and otherwise use and exploit such User Submissions for Africa Tech Schools’s business purposes, including to provide, develop, and improve our products and services, except, for the avoidance of doubt, the foregoing shall not permit Africa Tech Schools to publish, display or distribute your data from your productivity tools (e.g. CRMs, e-mail, sales engagement tools, etc.) in a manner that is identifiable as originating from you without your written consent. Please note that the foregoing license is subject to our Privacy Policy to the extent it relates to User Submissions that are also your personally-identifiable information, and to our Data Use Addendum to the extent it relates to User Submissions that are the personally-identifiable information of another person. You are prohibited from including Social Security Numbers, driver’s license numbers, passport numbers, financial account and payment card information (except where expressly requested by Africa Tech Schools), precise geolocation, and health and biometric information as part of any User Submission.

What if I see something on the Service that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Africa Tech Schools, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Service?

Any information or Content publicly posted or privately transmitted through the Service is the sole responsibility of the person or organization from whom such Content originated. You access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. We can’t guarantee the identity of any users with whom you interact when using the Service and are not responsible for which users gain access to the Service.

You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. Content includes, without limitation, personally identifiable information about you or any other person. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Service.

Content that constitutes personally identifiable information may be subject to privacy laws or regulations, and your use of all such Content must at all times comply with the terms of our Data Use Addendum. You are solely responsible for understanding how privacy laws and regulations may impact your use of such Content and for ensuring that your use (including retention, storage, and all other forms of processing) complies with all such laws and regulations.

The Service may contain content, data, links or connections to or from third-party websites or services that are not owned or controlled by Africa Tech Schools (“Third-Party Service(s)”). When you access or use Third-Party Services, you accept that there are risks in doing so, and that Africa Tech Schools is not responsible for such risks. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each Third-Party Service that you visit or utilize.

One such Third-Party Service is FinancialContent Services, Inc. dba CloudQuote. Certain information available through the Service: (1) is proprietary to CloudQuote and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither CloudQuote nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.

Africa Tech Schools has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Services or by any third-party that you interact with through the Service. In addition, Africa Tech Schools will not and cannot monitor, verify, censor or edit the content of any Third-Party Services. By using the Service, you release and hold us harmless from any and all liability arising from your access to or use of any Third-Party Service.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services (if applicable), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. You agree that Africa Tech Schools shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third-party, you agree that Africa Tech Schools is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Africa Tech Schools, its affiliates, and its and their directors, officers, agents, employees, partners, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Will Africa Tech Schools ever change the Service?

We’re always trying to improve the Service, so it may change over time. We may suspend or discontinue any part of the Service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. We’ll try to give you notice when we make a material change to the Service that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Service at any time, for any reason (including, but not limited to, if someone alleges that Content was contributed in violation of these Terms), in our sole discretion, and without notice.

From time to time, Africa Tech Schools may require you to expunge some or all of the Content in your possession, and you will do so promptly upon request.

Does using Africa Tech Schools cost anything?

We reserve the right to charge for certain parts or all of the Service. Certain aspects or uses of the Service require you to pay fees, for example, in order to access certain content or be able to download or export data. Visit our products page for current descriptions of these services and the applicable fees. You agree to pay all fees which apply to your use of the Service. Africa Tech Schools reserves the right to change any fees and pricing applicable to the Service at any time upon notice to you (which may be sent by email or posted on Africa Tech Schools’s website). Your use of the Service following such notification constitutes your acceptance of any new or increased fees.

What if I want to stop using Africa Tech Schools?

You’re free to do that at any time; please refer to our Cancellation Policy and Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Service.

Africa Tech Schools is also free to terminate (or suspend access to) your use of the Service or your account, for any reason in our discretion, including your breach of these Terms. Africa Tech Schools has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Additionally, upon termination of your account Africa Tech Schools may require you to expunge some or all of the Content in your possession, and you will do so promptly.

I use the Africa Tech Schools App available via the Apple App Store – should I know anything about that?

These Terms apply to your use of all parts of the Service, including, without limitation the iPhone and iPad applications available via the Apple, Inc. App Store (the “Apple Application”)

I use Africa Tech Schools’s Engagement Suite – should I know anything about that?

These Terms apply to your use of all parts of the Service, including, without limitation our Engagement Suite (“Engagement Suite”), but additional terms also apply to our Engagement Suite.

Notwithstanding the foregoing or anything to the contrary in the Terms, Africa Tech Schools’s use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

What else do I need to know?

Warranty Disclaimer. Neither Africa Tech Schools nor its licensors or suppliers makes any representations or warranties concerning the Service or any Content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of any materials (including Content) contained in or accessed through the Service. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from Africa Tech Schools or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third-party for a specific product). THE SERVICE AND CONTENT ARE PROVIDED BY AFRICA TECH SCHOOLS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL AFRICA TECH SCHOOLS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO AFRICA TECH SCHOOLS IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold Africa Tech Schools, its affiliates, and its and their directors, officers, agents, employees, partners, and successors harmless from and against any and all claims, liabilities, penalties (including governmental fines), damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way relating to (a) your use of the Service (including any actions taken by a third-party using your account), or (b) your violation of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without Africa Tech Schools’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms (whether brought against Africa Tech Schools or against any director, officer or employee of Africa Tech Schools in their personal capacity) shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Service, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND AFRICA TECH SCHOOLS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Third-Party Trademarks. All third-party names, logos, product and service names, designs, and slogans (collectively, “Third-Party Trademark(s)”) contained in the Service are the property of their respective owners. Third-Party Trademarks are used by Africa Tech Schools to refer to the owners of the Third-Party Trademark(s) in question and use by Africa Tech Schools is not intended to (and does not) constitute or imply any kind of relationship between Africa Tech Schools and the owners of the Third-Party Trademark(s) in question, including any affiliation, sponsorship, endorsement or approval of products and/or services, unless otherwise expressly indicated.

Safe Harbor Statement. Any statements made by Africa Tech Schools, oral or written, about new Service features or functionality are intended to outline Africa Tech Schools’s general product direction for information purposes only and are not a commitment to deliver any material, applications, or functionality, and should not be relied upon. The development, release, and timing of any features or functionality remains at Africa Tech Schools’s sole discretion.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that Africa Tech Schools may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Africa Tech Schools agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Africa Tech Schools, and that they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Africa Tech Schools, and you do not have any authority of any kind to bind Africa Tech Schools in any respect whatsoever. You and Africa Tech Schools agree there are no third-party beneficiaries intended under these Terms.

Effective Date: January 10th, 2022

ADDITIONAL TERMS FOR AFRICA TECH SCHOOLS’S ENGAGEMENT SUITE

If you use our Engagement Suite (the “Engagement Suite”), these additional terms apply. Among other things, the Engagement Suite enables you to link your e-mail account to your Africa Tech Schools account in order to send customizable e-mails. These additional terms describe how we access and use your E-mail Data.

If you provide Africa Tech Schools with access to the following types of E-mail Data (as defined below), Africa Tech Schools’s use of that E-mail Data will be subject to these additional restrictions:

Africa Tech Schools will only use access to read, write, modify or control e-mail message bodies (including attachments), metadata, headers, settings, calendar events, and contacts (collectively, the “E-mail Data”) to provide functionality that allows users to compose, send, read, and process e-mails and get insights into historical communication and interaction.
Africa Tech Schools will not transfer E-mail Data to others except to our service providers (as further described in our Privacy Policy), unless doing so is necessary to provide and improve the Services or related features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
Our Engagement Suite will not use E-mail Data for serving advertisements.

Last updated: January 10th, 2022

In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

Remember that your use of Africa Tech Schools’s Service is at all times subject to the Terms of Service, which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.

(1) Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Service infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Africa Tech Schools’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

(b) Identification of works or materials being infringed;

(c) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Africa Tech Schools is capable of finding and verifying its existence;

(d) Contact information about the notifier including address, telephone number and, if available, email address;

(e) A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and

(f) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

(2) Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:

(a) remove or disable access to the infringing material;

(b) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and

(3) Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

(a) A physical or electronic signature of the content provider;

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

(c) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

(d) Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Africa Tech Schools is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Africa Tech Schools may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Africa Tech Schools may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Africa Tech Schools’s discretion.

Please contact Africa Tech Schools’s Designated Agent at the following email-address: policy@africatechschools.com

Effective Date: January 10th, 2022

European Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this GDPR Privacy Notice, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Africa Tech Schools will be the controller of your Personal Data processed in connection with the Services. For purposes of this GDPR Privacy Notice, “Personal Data” includes (but is not limited to) Profile data, as defined in our Privacy Policy.

Where applicable, this GDPR Privacy Notice is intended to supplement, and not replace, Africa Tech Schools’s Privacy Policy at https://africatechschools.com/privacypolicy/ (the “Privacy Policy”). If there are any conflicts between this GDPR Privacy Notice and Africa Tech Schools’s Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this notice or whether any of the following applies to you, please contact us at privacy@africatechschools.com.

Category of Data	Source of Data	Purpose of Processing	Grounds for Processing (e.g. contractual necessity, legitimate interest, consent)	Specific Legitimate Interest *(if applicable)*
Customer Account Data (e.g. first last name, email, IP address)	Data Subject	Analytics	Legitimate Interest	Monitoring and conducting analytics on website & app use, pages/links clicked, traffic demographics, patterns of navigation, on potential security/spam breach, on performance issues, etc.
Customer Account Data (e.g. first last name, email, company)	Data Subject	Customer Success Communication	Legitimate Interest	Personalised service and communications related to the customer’s use of the product.
Customer Account Data	Data Subject	Marketing Campaign (email, list creation, ads)	Legitimate Interest	Personalization, market research, targeted advertisement, or direct marketing.
Customer Account Data (e.g. first last name, device type, browser)	Data Subject	Product Development	Legitimate Interest	Improving performance, troubleshooting bugs, other internal development needs.
Customer Account Data (e.g. first last name, email, company)	Data Subject	Sales Communication	Legitimate Interest	Targeted advertisement or direct marketing.
Customer Account Data (e.g. first last name, email)	Data Subject	Using Africa Tech Schools Products	Contractual Necessity	Contractual Necessity.
Customer Account Data (e.g. image, gender)	Data Subject	Using Africa Tech Schools Products	Legitimate Interest	Creation of public profiles using public known data, personalized service and communications related to the customer’s use of the product.
Billing Data (e.g. first last name, card type, card country)	Data Subject	Analytics	Legitimate Interest	Monitoring and conducting analytics on website & app use, pages/links clicked, traffic demographics, patterns of navigation, on potential security/spam breach, on performance issues, etc.
Billing Data (e.g. first last name, card type, card country)	Data Subject	Customer Success Communication	Legitimate Interest	Personalised service and communications related to the customer’s use of the product.
Billing Data (e.g. first last name, card type, card country)	Data Subject	Product Development	Legitimate Interest	Improving performance, troubleshooting bugs, other internal development needs.
Customer Support Data (e.g. first last name, email, address)	Data Subject	Analytics	Legitimate Interest	Monitoring and conducting analytics on website & app use, pages/links clicked, traffic demographics, patterns of navigation, on potential security/spam breach, on performance issues, etc.
Customer Support Data (e.g. first last name, email, address, last 4 digits of credit card)	Data Subject	Customer Success Communication	Legitimate Interest	Personalised service and communications related to the customer’s use of the product.
Customer Support Data (e.g. first last name, email)	Data Subject	Marketing Campaign (email, list creation, ads)	Legitimate Interest	Personalization, market research, targeted advertisement, or direct marketing.
Customer Support Data (e.g. first last name, email)	Data Subject	Product Development	Legitimate Interest	Improving performance, troubleshooting bugs, other internal development needs.
Customer Support Data (e.g. first last name, email)	Data Subject	Sales Communication	Legitimate Interest	Targeted advertisement or direct marketing.
Customer Support Data (e.g. first last name, email)	Data Subject	Using Africa Tech Schools Products	Contractual Necessity	Contractual Necessity.
Person Profile Data (e.g. first last name, news articles, company, investments)	Data Subject, Publicly-available web sources, Third Parties	Analytics	Legitimate Interest	Monitoring and conducting analytics on website & app use, pages/links clicked, traffic demographics, patterns of navigation, on potential security/spam breach, on performance issues, etc.
Person Profile Data (e.g. first last name, news articles, company, investments)	Data Subject, Publicly-available web sources, Third Parties	Product Development	Legitimate Interest	Creation of public profiles, improving performance, troubleshooting bugs, other internal development needs.
User Session Data (e.g. page url, utms)	Data Subject	Advertising	Legitimate Interest	Personalization, market research, targeted advertisement, or direct marketing.
User Session Data (e.g. page url)	Data Subject	Mobile App Marketing	Legitimate Interest	Personalization, market research, targeted advertisement, or direct marketing.
User Session Data (e.g. utms, logged in, xsrf token)	Data Subject	Using Africa Tech Schools Products	Legitimate Interest	Maintain logged-in state during a single browsing session. Maintain their logged in state across browsing sessions. Enable users to log back in when a new session is started. Prevent cross-site request forgery attacks. Product feature rollout, conducting analysis. Ad performance and conversion tracking. Personalization of Web Content.

How and With Whom Do We Share Your Data?

We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us or you with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

Payment processors
Fraud prevention service providers
Ad networks
Analytics service providers
Staff augmentation and contract personnel
Hosting service providers
Co-location service providers
Marketing service providers
Product development service providers
Customer success providers

We also share Personal Data when necessary to complete a transaction initiated or authorized
by you or provide you with a product or service you have requested. In addition to those
set forth above, these parties also include:

Other users (where you post information publicly, direct us to share the information
(such as with other members of your team), or as otherwise necessary to effect a
transaction initiated or authorized by you through the Services)
Social media services (if you interact with them through your use of the Services)
Third party business partners who you access through the Services
Your vendors and service providers, such as customer relationship management system providers

We also share Personal Data when we believe it is necessary to:

Comply with applicable law or respond to valid legal process, including requests from law enforcement or other government agencies
Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
Maintain the security of our products and services

We also share information with third parties when you give us consent to do so.

In addition to the foregoing, we share Personal Data that is Profile data with other users, our customers, partners, resellers, and our resellers’ customers.

Last, we share Personal Data with our affiliates or other members of our corporate family. Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

What Security Measures Do We Use? We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity.

The Africa Tech Schools website uses SSL (https).
Account passwords are hashed when stored in our database.
The authenticity of request methods are verified to prevent CSRF (cross-site request forgery) attacks.
Africa Tech Schools employees use Single Sign-On (SSO) and passwords and enable screen locking.
Access to AWS and Payment Processors is limited and requires Two-Factor Authentication (2FA).
Access to production data requires VPN access.
Africa Tech Schools performs third-party penetration testing.

How Long Do We Retain Your Personal Data? We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

Personal Data of Children: As noted in the Terms of Service, we do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at privacy@africatechschools.com.

What Rights Do You Have Regarding Your Personal Data?

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email privacy@africatechschools.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data by emailing privacy@africatechschools.com.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by emailing privacy@africatechschools.com.
Erasure: You can request that we erase some or all of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about Africa Tech Schools’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

Transfers of Personal Data: The Services are hosted and operated in the United States (“U.S.”) through Africa Tech Schools and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Africa Tech Schools in the U.S. and will be hosted on U.S. servers, and you authorize Africa Tech Schools to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S.

Privacy Shield Certification: Africa Tech Schools has certified to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU and Switzerland to the U.S., respectively. While Privacy Shield is no longer a valid lawful basis on which to transfer Personal Data from the EU to the U.S., Africa Tech Schools continues to comply with both the EU-US and the Swiss-US Privacy Shield Frameworks. For more information about the Privacy Shield Program, and to view Africa Tech Schools’s certification, please visit www.privacyshield.gov. Africa Tech Schools is committed to the Privacy Shield Principles of (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU and Switzerland in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third-party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Africa Tech Schools’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

Please contact us at privacy@africatechschools.com with any questions or concerns relating to our Privacy Shield Certification and to resolve your complaints. We commit to cooperate with the panel established by the EU data protection authorities (DPAs) or the Swiss Federal Data Protection and Information Commissioner, as applicable, and comply with the advice given by the panel or Commissioner. EU individuals wishing to reach their area DPA’s may locate them by going to http://ec.europa.eu/justice/article-29/strrtfr4ucture/data-protection-authorities/index_en.htm. Swiss individuals wishing to contact their local FDPIC may locate them by going to https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/links/data-protection—switzerland.html. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.

What If You Have Questions Regarding Your Personal Data?

If you have any questions about this GDPR Privacy Notice or our data practices generally, please contact us using the following information:

Email address for contact: privacy@africatechschools.com

Individuals and data protection supervisory authorities in the EU and the UK may contact our data protection representatives according to Articles 27 EU and UK GDPR:

EU: privacy-eu@africatechschools.com

UK: privacy-uk@africatechschools.com

Cancellation Policy for Africa Tech Schools Newsletter subscriptions

Full subscription refunds for Africa Tech Schools Newsletter subscriptions will be granted for requests received by our billing team within 7 days of the payment. After 7 days, no refunds will be issued.

As per the Consumer Rights Directive, citizens of the European Union are entitled to a full refund during the 14 days after the subscription begins. Note: This 14-day period begins when the subscription service starts. For example, if you signed up for a one-week free trial, the period begins on the first day of your free trial, so you will be eligible for a refund for 7 days after your free trial ends.

When you cancel a subscription from My Account, you cancel only future charges associated with your subscription. Cancellations are effective at the end of the current billing period, and as such, Africa Tech Schools does not offer prorated refunds for cancelled subscriptions. All subscriptions are recurring and will automatically renew after the end of each paid subscription period. You will not receive a refund for the current billing cycle as you will continue to have the same access and benefits of your subscription for the remainder of the current billing period.

Africa Tech Schools is also free to terminate (or suspend access to) your use of your subscription or your account, for any reason in our discretion, including a breach of our Terms of Service. Africa Tech Schools has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. You will not be entitled to a refund in these circumstances.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Effective date: January 10th, 2022

In accordance with the Terms of Service, you may reference the Content with proper attribution to Africa Tech Schools. Our recommended attribution guidelines are described below.

Attribution must clearly state that the Content is sourced from Africa Tech Schools and link to the webpage of the source material on the Africa Tech Schools website.
Attribution should be clearly visible to the end user and placed in close proximity to the data being referenced from Africa Tech Schools.
When you are using Content from a specific entity from Africa Tech Schools (e.g. a person or company) you should link to the associated entity page on Africa Tech Schools.
When you are referencing Content from multiple Africa Tech Schools entities you should link to the Africa Tech Schools homepage (https://www.africatechschools.com).

If you have any questions concerning attribution, feel free to contact us by e-mailing policy@africatechschools.com.

Effective Date: January 10th, 2022

This Data Use Addendum (“Addendum”) supplements the Terms of Service (the “Terms”) entered into by and between Africa Tech Schools, Inc. (“Africa Tech Schools”) and you (“Customer”). If your use of the Services is part of a subscription purchased by an organization or entity, “Customer” refers to that organization or entity. Africa Tech Schools enters into this Addendum on behalf of itself and, to the extent required under Applicable Privacy Laws (defined below), in the name and on behalf of its Affiliates (defined below), if any. This Addendum incorporates the terms of the Terms, and any terms not defined in this Addendum shall have the meaning set forth in the Terms. In the event of a conflict between the terms and conditions of this Addendum and the Terms, the terms and conditions of this Addendum shall supersede and control.

ARTICLE I – DEFINITIONS

“Affiliate” means (i) an entity of which a party directly or indirectly owns fifty percent (50%) or more of the stock or other equity interest, (ii) an entity that owns at least fifty percent (50%) or more of the stock or other equity interest of a party, or (iii) an entity which is under common control with a party by having at least fifty percent (50%) or more of the stock or other equity interest of such entity and a party owned by the same person, but such entity shall only be deemed to be an Affiliate so long as such ownership exists.

“Anonymous Data” means Personal Data that has been processed in such a manner that it can no longer be attributed to an identified or identifiable natural person.

“Applicable Privacy Law(s)” means the CCPA, GDPR, and any other data protection, privacy, data breach, or similar or related laws applicable to a party’s use or other processing of Personal Data.

“CCPA” means the California Consumer Privacy Act of 2018, as amended, together with its implementing regulations.

“Controller” means any person who would fall under the definition of a “Controller” as set forth in the GDPR, a “Business” as set forth in the CCPA, or any similar definition under any other Applicable Privacy Law.

“Content” has the meaning set forth in the Terms.

“Data Subject” means an identified or identifiable person to whom Personal Data relates.

“GDPR” means EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016.

“Included Data” means any Personal Data included in the Content and provided to or otherwise accessed by Customer under the Terms.

“Personal Data” means any information relating to a Data Subject which is subject to Applicable Privacy Law.

“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.

“Process” or “Processing” means any operation or set of operations which is performed upon the Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure, or destruction.

“Processor” means any person who would fall under the definition of a “Processor” as set forth in the GDPR, a “Service Provider” as set forth in the CCPA, or any similar definition under any other Applicable Privacy Law.

“Protected Data” means any Personal Data which Africa Tech Schools Processes in its capacity as a Processor on behalf of Customer, and, for clarity, excludes Included Data, Anonymous Data and Personal Data collected, used, and shared in accordance with Africa Tech Schools’s Privacy Policy.

“Services” means the Service defined in the Terms.

“Supervisory Authority” means an independent public authority which is established by a member state of the European Union, United Kingdom, Iceland, Liechtenstein, or Norway.

The parties acknowledge that in the context of the Services, Africa Tech Schools determines the purposes and means of Processing of certain types of Personal Data, in particular but not limited to business contact details of Customer’s and Customer Affiliates’ personnel and contractors in order to allow Africa Tech Schools to administer and perform the Services. When Processing Personal Data in this manner, Africa Tech Schools is a Controller of such Personal Data and the terms of this Addendum shall not apply to such Processing. Depending on the Services, Africa Tech Schools may also process Protected Data in the capacity of a Processor. The provisions of Article II below shall apply when Africa Tech Schools Processes such Protected Data in a capacity of a Processor. The parties acknowledge that each party Processes Included Data in a capacity as a Controller, and that with respect to such Processing they Process such Included Data as independent controllers, not joint controllers. The provisions of Article III below shall apply to such independent Processing of Included Data.

ARTICLE II – PROCESSING OF PROTECTED DATA

Rights & Obligations.

Customer shall, in its use of the Services, at all times Process Personal Data, and provide instructions for the Processing of Protected Data, in compliance with all Applicable Privacy Laws. Customer shall ensure that its instructions comply with all laws, rules and regulations applicable in relation to the Protected Data, and that the Processing of Protected Data in accordance with such instructions will not cause Africa Tech Schools to be in breach of any Applicable Privacy Law. Africa Tech Schools shall immediately notify Customer if an instruction, in Africa Tech Schools’s opinion, violates any Applicable Privacy Law; however, Customer is solely responsible for the accuracy, quality, and legality of (i) the Protected Data provided to Africa Tech Schools by or on behalf of Customer, (ii) the means by which Customer acquired any such Protected Data, and (iii) the instructions it provides to Africa Tech Schools regarding the Processing of such Protected Data. Customer shall not provide or make available to Africa Tech Schools any Protected Data in violation of the Terms or otherwise inappropriate for the nature of the Services, and shall indemnify Africa Tech Schools from all claims and losses in connection therewith.

The subject matter, nature, purpose, and duration of Africa Tech Schools’s Processing of Protected Data, as well as the types of Protected Data Processed and categories of Data Subjects, are described in Exhibit A to this Addendum. Africa Tech Schools shall not Process Protected Data: (i) for purposes other than those set forth in the Terms and/or Exhibit A; (ii) in a manner inconsistent with the terms and conditions set forth in this Addendum or any other documented instructions provided by Customer, unless required to do so by a Supervisory Authority to which Africa Tech Schools is subject; or (iii) in violation of Applicable Privacy Laws. Customer hereby instructs Africa Tech Schools to Process Protected Data in accordance with the foregoing and as part of any Processing initiated by Customer in its use of the Services.

Following completion of the Services, at Customer’s choice, Africa Tech Schools shall return or delete the Protected Data, unless further storage of Protected Data is required or authorized by applicable law. If return or destruction is impracticable or prohibited by law, rule or regulation, Africa Tech Schools shall take reasonable measures to block such Protected Data from any further Processing. If applicable, the parties agree that the certification of deletion of Personal Data that is described in Clause 12(1) of the Model Clauses shall be provided by Africa Tech Schools to Customer only upon Customer’s request.

Authorized Employees and Sub-Processors.

Africa Tech Schools shall take commercially reasonable steps to ensure the reliability and appropriate training of any employee authorized to access Protected Data in connection with this Addendum or the Terms (each, an “Authorized Employee”). Africa Tech Schools shall ensure that all Authorized Employees are made aware of the confidential nature of Protected Data and have executed confidentiality agreements that prevent them from disclosing or otherwise Processing, both during and after their engagement with Africa Tech Schools, any Protected Data except in accordance with their obligations in connection with the Services.

Customer acknowledges and agrees that Africa Tech Schools may (1) engage its affiliates and the sub-processors set forth on the list attached as Exhibit B and incorporated herein by this reference (the “List”), as such List may be updated from time to time in accordance with this Section (“Authorized Sub-Processors”) to access and Process Protected Data in connection with the Services and (2) from time to time engage additional third parties for the purpose of providing the Services, including without limitation the Processing of Protected Data. By way of this Addendum, Customer provides general written authorization to Africa Tech Schools to engage sub-processors as necessary to perform the Services.

The List may be updated by Africa Tech Schools from time to time. At least ten (10) days before enabling any third party other than Authorized Sub-Processors to access or participate in the Processing of Personal Data, Africa Tech Schools will add such third party to the List and provide Customer with notice of this addition. Customer may reasonably object to such an engagement on legitimate grounds by informing Africa Tech Schools in writing within ten (10) days of receipt of the aforementioned notice by Customer. Customer acknowledges that certain sub-processors are essential to providing the Services and that objecting to the use of a sub-processor may prevent Africa Tech Schools from offering the Services to Customer. If Customer reasonably objects to an engagement in accordance with this paragraph, and Africa Tech Schools cannot provide a commercially reasonable alternative within a reasonable period of time, Africa Tech Schools may terminate this Addendum. Termination shall not relieve Customer of any fees owed to Africa Tech Schools under the Terms.

Africa Tech Schools will enter into a written agreement with each Authorized Sub-Processor imposing on the Authorized Sub-Processor data protection obligations comparable to those imposed on Africa Tech Schools under this Addendum with respect to the protection of Protected Data. In case an Authorized Sub-Processor fails to fulfill its data protection obligations under such written agreement with Africa Tech Schools, Africa Tech Schools will remain liable to Customer for the performance of the Authorized Sub-Processor’s obligations under such agreement.

The above authorizations will constitute Customer’s prior written consent to the subcontracting by Africa Tech Schools of the processing of Protected Data if such consent is required under the Model Clauses, and the parties agree that the copies of the agreements with Authorized Sub-Processors that must be provided by Africa Tech Schools to Customer pursuant to Clause 5(j) of the Model Clauses may have commercial information, or information unrelated to the Model Clauses or their equivalent, removed by Africa Tech Schools beforehand, and that such copies will be provided by Africa Tech Schools only upon request by Customer.

Security of Protected Data.

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Africa Tech Schools shall maintain appropriate technical and organizational measures to ensure a level of security appropriate to the risk of Processing Protected Data.

Transfers of Personal Data.

The parties agree that Africa Tech Schools may transfer Protected Data outside the European Economic Area (“EEA”), the United Kingdom, or Switzerland as necessary to provide the Services. If Africa Tech Schools transfers Protected Data to a jurisdiction for which the European Commission has not issued an adequacy decision, Africa Tech Schools will use reasonable efforts to ensure that appropriate safeguards have been implemented for the transfer of such Protected Data in accordance with Applicable Privacy Laws.

Where required, any transfer of Personal Data made subject to this Addendum to any countries which do not ensure an adequate level of data protection shall be undertaken by Africa Tech Schools and Customer through either (a) for Protected Data, European Commission Decision C(2010) 593 Standard Contractual Clauses for Controllers to Processors (or a successor or replacement version thereof) or (b) for all other Personal Data, the European Commission Decision C(2004) 5271 Standard Contractual Clauses for Controllers to Controllers (or a successor or replacement version thereof) (as applicable, the “Model Clauses”), the terms of which are herein incorporated by reference or, if available, an alternative compliance mechanism authorized pursuant to Applicable Privacy Laws or subsequent guidance from EEA or United Kingdom regulators, as applicable. For purposes of such transfer, Africa Tech Schools shall be deemed the “Data Importer” and Customer shall be deemed the “Data Exporter.” The optional clauses of the Model Clauses are expressly not included. Each party’s signature to this Addendum shall be considered a signature to the Model Clauses. If required by the laws or regulatory procedures of any jurisdiction, the parties shall execute or re-execute the Model Clauses as separate documents.

Rights of Data Subjects.

Africa Tech Schools shall, to the extent permitted by law, notify Customer upon receipt of a request by a Data Subject to exercise the Data Subject’s right of: access, rectification, erasure, data portability, restriction or cessation of Processing, withdrawal of consent to Processing, and/or objection to being subject to Processing that constitutes automated decision-making, in each case, with respect to Protected Data (such requests individually and collectively “Data Subject Request(s)”). If Africa Tech Schools receives a Data Subject Request in relation to Protected Data, Africa Tech Schools will advise the Data Subject to submit their request to Customer and Customer will be responsible for responding to such request, including, where necessary, by using the functionality of the Services. Customer is solely responsible for ensuring that Data Subject Requests for erasure, restriction or cessation of Processing, or withdrawal of consent to Processing of any Protected Data are communicated to Africa Tech Schools, and, if applicable, for ensuring that a record of consent to Processing is maintained with respect to each Data Subject.

Africa Tech Schools shall, at the request of Customer, and taking into account the nature of the Processing applicable to any Data Subject Request, apply appropriate technical and organizational measures to assist Customer in complying with Customer’s obligation to respond to such Data Subject Request and/or in demonstrating such compliance, where possible, provided that (i) Customer is itself unable to respond without Africa Tech Schools’s assistance and (ii) Africa Tech Schools is able to do so in accordance with all applicable laws, rules, and regulations. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Africa Tech Schools.

Actions and Access Requests.

Africa Tech Schools shall, taking into account the nature of the Processing and the information available to Africa Tech Schools, provide Customer with reasonable cooperation and assistance where necessary for Customer to comply with its obligations under the GDPR to conduct a data protection impact assessment relating to Africa Tech Schools’s Processing of Protected Data and/or to demonstrate such compliance, provided that Customer does not otherwise have access to the relevant information. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Africa Tech Schools.

Africa Tech Schools shall, taking into account the nature of the Processing and the information available to Africa Tech Schools, provide Customer with reasonable cooperation and assistance with respect to Customer’s cooperation and/or prior consultation with any Supervisory Authority, where necessary and where required by the GDPR in relation to Africa Tech Schools’s Processing of Protected Data. Customer shall be responsible to the extent legally permitted for any costs and expenses arising from any such assistance by Africa Tech Schools.

Africa Tech Schools shall maintain records sufficient to demonstrate its compliance with its obligations under this Addendum, and retain such records for a period of three (3) years after the termination of the Terms. Customer shall, with reasonable notice to Africa Tech Schools, have the right to review, audit and copy such records at Africa Tech Schools’s offices during regular business hours.

Upon Customer’s request, Africa Tech Schools shall, no more than once per calendar year, either (i) make available for Customer’s review copies of certifications or reports demonstrating Africa Tech Schools’s compliance with prevailing data security standards applicable to the Processing of Protected Data, or (ii) if the provision of reports or certifications pursuant to (i) is not reasonably sufficient under Applicable Privacy Law, allow Customer or its authorized representative, upon reasonable notice and at a mutually agreeable date and time, to conduct an audit or inspection of Africa Tech Schools’s data security infrastructure and procedures that is sufficient to demonstrate Africa Tech Schools’s compliance with its obligations under this Addendum, provided that Customer shall provide reasonable prior notice of any such request for an audit and such inspection shall not be unreasonably disruptive to Africa Tech Schools’s business. Customer shall be responsible for the costs of any such audits or inspections, including without limitation a reimbursement to Africa Tech Schools for any time expended for on-site audits.If Customer and Africa Tech Schools have entered into the Model Clauses, the parties agree that the audits described in Clause 5(f) and Clause 12(2) of the Model Clauses shall be carried out in accordance with this Section.

In the event of a Personal Data Breach of Protected Data, Africa Tech Schools shall (a) without undue delay, inform Customer of the Personal Data Breach and take reasonable steps to remediate such violation (to the extent that remediation is within Africa Tech Schools’s reasonable control); and (b) taking into account the nature of the Processing and the information available to Africa Tech Schools, provide Customer with reasonable cooperation and assistance necessary for Customer to comply with its obligations under Applicable Privacy Law, including with respect to notifying any persons as required.

Law Enforcement Requests.

If a law enforcement or government agency sends Africa Tech Schools a demand for Protected Data, Africa Tech Schools shall attempt to redirect the agency to request that data directly from Customer. As part of this effort, Africa Tech Schools may provide Customer’s basic contact information to the law enforcement or government agency. If compelled to disclose Protected Data to a law enforcement or government agency, then Africa Tech Schools shall give Customer reasonable notice of the demand and cooperation to allow Customer to seek a protective order or other appropriate remedy unless Africa Tech Schools is legally prohibited from doing so. Africa Tech Schools shall not voluntarily disclose Protected Data to any law enforcement or government agency.

ARTICLE III – PROCESSING OF INCLUDED DATA

For purposes of the GDPR, the parties acknowledge that they are each a separate and independent Controller of any Included Data. The parties do not and will not Process Included Data as joint Controllers. Each party shall comply with the obligations that apply to it as a Controller under the GDPR, and each party shall be individually and separately responsible for its own compliance.

Customer shall Process Included Data only for the purposes set forth in the Terms or as otherwise agreed in writing by the parties, provided such processing strictly complies with all applicable privacy laws and Customer’s obligations under this Addendum. To the extent legally required, Customer shall maintain a publicly-accessible privacy policy on any applicable mobile applications and/or websites that satisfies all transparency and notice requirements set forth in any Applicable Privacy Law with respect to Customer’s Processing of Included Data. Notwithstanding anything to the contrary in the Terms, Customer shall immediately delete or destroy all Included Data in its possession upon the conclusion of Customer’s purpose for Processing such Included Data.

In the event that Customer receives a request from a Data Subject relating to the Processing of Personal Data by Africa Tech Schools, Customer will (i) promptly notify Africa Tech Schools of such request, (ii) direct the Data Subject to Africa Tech Schools in order to enable Africa Tech Schools to respond directly to the request, and (iii) reasonably cooperate with Africa Tech Schools in responding to such request. Without limiting the foregoing, Customer agrees that it will promptly notify Africa Tech Schools of any request pursuant to Article 16 (Right to rectification), Article 17 (Right to erasure), or Article 18 (Right to restriction of processing) of the GDPR that relates in any way to the Content.

Customer acknowledges that, from time to time, Included Data may be updated, modified, augmented, or removed from the Content. Customer shall regularly check such Content and ensure that it is using the most up-to-date version of the Included Data. Without limiting the foregoing, Customer agrees to promptly delete and, if applicable, cease all sales of, any Included Data for which Africa Tech Schools notifies Customer (including by updating the Content) that Africa Tech Schools has received a deletion, opt-out, or similar request, and will indemnify Africa Tech Schools for any claims relating to Customer’s breach of the foregoing.

Each party shall implement appropriate technical and organisational measures to protect the Included Data. Customer is not required to certify to the EU-US and Swiss-US Privacy Shield Framework and Principles issued by the U.S. Department of Commerce, both available at https://www.privacyshield.gov/EU-US-Framework (the “Privacy Shield Principles”); however, Customer shall use at least the same level of privacy protection as is required by the Privacy Shield Principles and shall promptly notify Africa Tech Schools of any inability to provide such protection.

In the event that Customer suffers any actual or suspected Personal Data Breach with respect to the Included Data, Customer shall notify Africa Tech Schools without undue delay and the parties shall reasonably cooperate with each other in taking such measures as may be necessary to notify affected individuals, comply with each party’s obligations under Applicable Privacy Law, and mitigate or remedy the effects of such Personal Data Breach.

If and to the extent Customer transfers any Included Data to any third party, Customer shall first enter into contractual arrangements with such third party obligating such third party to process the Included Data in accordance with the requirements of Applicable Privacy Law and the Privacy Shield Principles. Customer shall comply with Applicable Privacy Law in connection with its transfer (including any sale) of Included Data to third parties.

EXHIBIT A

Details of Processing

Nature and Purpose of Processing: See Terms

Duration of Processing: Duration of Customer’s use of the Services

Categories of Data Subjects: Customer employees and Data Subjects included in User Submissions

Type of Personal Data: Personal identifiers, address and other Personal Data included in User Submissions

EXHIBIT B

Authorized Sub-Processors

Customer acknowledges and agrees that the following types of entities shall be deemed Authorized Sub-Processors that may Process Personal Data pursuant to this Addendum:

Fundamental infrastructure (including AWS, Snowflake, Google Tag Manager, Sendgrid, Split, Zuora)

Web analytics (including Google Analytics, Heap, FullStory)

Communication (including Marketo, Iterable, Slack, Zoom, Pendo, Gong, Outreach)

Support (including Drift, Zendesk, Aha, Airtable, Google Suites, JIRA)

Retargeting/Advertising (including Facebook Ads, Comscore, Google Ads)

Product Analytics (including Delighted, Periscope)

Account Management (including Salesforce)