XCEL Solutions Privacy Notice
Last Updated: September 2022
XCEL Solutions (“Brand,” “we,” “our,” or “us”) is a leading provider of exam preparation, continuing education, and licensure training courses. XCEL Solutions is part of the Colibri Group portfolio of companies and brands.
This Privacy Notice (“Notice”) describes the types of personal information we may collect about you, how we collect, use, process, and disclose your personal information, and the choices you can make about how we collect, use, process, and disclose your personal information. This Notice applies to personal information collected through our website, mobile applications, the products and services we offer, from third parties, and anywhere else this Notice is posted.
Please read this Notice carefully. If you do not want your personal information processed in accordance with this Notice, then you should not use our products and services or engage with us.
For further information regarding this Privacy Notice or related policies and procedures, please contact us at privacy@colibrigroup.com.
Personal Information We Collect and How We Use It
We collect, use, process, and disclose your information for a variety of reasons, including to fulfill product and service orders, customize and improve the advertising and content we offer, offer suggestions for products and services based on your content or use of our website, deliver marketing communications and promotional materials that you may be interested in, contact you and provide customer service or technical support, protect the security or integrity of our databases or websites, detect fraud or illegal activity, take precautions against liability, detect misuse of our sites, develop and improve our products and services, for internal operational purposes, and as identified in the chart below. This information may be collected directly from you, indirectly from you through your device or browser when you visit our site, or from third parties.
The following chart describes what categories of personal information we may collect, the business purposes for which we generally use such information, and which types of third-party service providers we may share that information with.
| Information Type | Purpose | Service Providers |
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| Personal Identifiers – such as name, job title, company, professional information, postal address, email address, phone number, facsimile number, tax identification number, professional licensing information, social media handle, discussion board statements, voice and image (e.g., video, CCTV), website login credentials, age, gender |
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| Payment Information – such as order details, credit card information, checks, billing and shipping addresses |
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| Education Information – such as academic records, education renewal date, student identification codes, background check, and disciplinary information |
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| Internet or Electronic Network Activity Information and Geolocation Information – such as marketing consents, IP address, location, cookies, website browsing and interaction activity, other device or browser identifiers |
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| Inferences about Customer Preferences and Characteristics – such as a profile reflecting preferences, characteristics, predispositions |
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In addition to any personal information that you might provide as described above, we may also have access to other information about you from relevant publicly available sources if you interact with our brand via social media or in certain other situations.
Social Media
If you interact with content on our social media profiles (for example, if you “like” or share a post from one of our accounts, such as LinkedIn, Facebook, Twitter, YouTube, Instagram, or others), those social media sites may share information about you with us, including your public profile, e-mail address, and friend list. If you choose to “like” or share content, information about you may be publicly displayed on the social network, depending on your privacy settings. You should review the privacy notice of that social media site and check your privacy settings through that site. If you post information on a social media or another third-party service that references our brand or our products and services (e.g., via a Twitter hashtag), we may publish your post on our social media accounts or websites.
Employment
In addition to information collected from our customers and prospective customers, we and our service providers also collect certain information from candidates who apply for a job with us. We may contact the you about your application to help us evaluate your qualifications for the position, including your name, phone number, e-mail address, postal address, education information, and employment information.
Further Information About How We Share Your Personal Information
We may share personal information in the following situations.
Service Providers
We use service providers to act on our behalf – for example, to help us fulfill your product and service orders, process your payments, provide customer service, enhance and personalize your experience with us, deliver our advertisements, perform sales and marketing outreach, conduct market research, or provide back-office services. Our service providers may receive your name and contact information, payment information, information about purchases you have made, cookies and other device identifiers, IP address, and website browsing activity. These service providers are only allowed to use your information in connection with the specific service they provide on our behalf.
Sponsor Organizations
We may share your personal information with organizations that act on your behalf to sponsor and/or pay for the products and services you access from us – for example, your employer, brokerages, associations, universities, and other sponsoring organizations.
Professional Advisors
We may share your personal information with professional advisors – for example, lawyers, bankers, strategic consultants, auditors, analysts, and insurers, where necessary in the course of the professional services they provide to us.
For Compliance, Fraud Prevention, and Safety
We may share your personal information for compliance, fraud prevention, and safety purposes – for example, to (i) protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims), (ii) enforce the terms and conditions that govern our website and sale of products and services, and/or (iii) protect, investigate, and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity.
Business Transfers
We may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization, or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Notice.
Affiliates
XCEL Solutions is part of the Colibri Group portfolio of companies and brands. We may share your information among our corporate affiliates for purposes described in this Notice.
Regulatory, Law Enforcement, and Other Situations
We may be required to share certain information to respond to a subpoena or similar judicial process – for example, to comply with applicable laws, as may be permitted or required by the Family Educational Rights and Privacy Act (FERPA) or other regulatory requirements, to protect the security or integrity of our databases or website, to take precautions against liability, in the event of a corporate reorganization or, to the extent required by law, to provide information to law enforcement agencies.
Cookies and Similar Technologies
We may use cookies, pixel tags, local storage, and other technologies to automatically collect information. These tracking technologies are small data files downloaded to or stored on your computer, tablet, mobile phone, or other internet-enabled device that enable us to record certain pieces of information whenever you visit or interact with our email messages, website, applications, tools, and other online services. These technologies allow us to understand who has interacted with us, help us to operate our products and services more efficiently, personalize your experience on our website, improve our content and offerings, enable analytics, and show you advertisements in which you may be interested.
Cookies. Cookies are small text files that are downloaded onto your computer or other device when you access a website. Cookies allow the website to recognize your device and store information about your preferences or past actions.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the website that collects information about your engagement on a web page. The use of a pixel allows us to record, for example, that you have visited a particular web page.
Behavioral-based Advertising. A third party may use technology, such as a cookie on your browser or a web beacon, to identify you so that they can provide advertising about products and services tailored to your interests.
Analytics. We use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics for some of our products and services and to develop content. This analytics data is not tied to any personal information. Click here for more information about Google Analytics. You can opt-out of Google’s collection and processing of data generated by your use of our products and services by visiting Google Tools.
Some web browsers and devises permit you to broadcast a preference that you not be “tracked” online. At this time, we do not modify your experiences based upon whether such a signal is broadcast.
Children
Our products and services are intended for an adult audience and are not targeted directly at children. We do not knowingly collect any personal information from children under the age of 16. If we become aware that we have unknowingly collected personal information from a child under the age of 16, and do not have parent or guardian consent on file, we will remove such personal information from our records as soon as practicably possible. If you believe we are incorrectly processing the personal information of a child under the age of 16, we ask that you contact us as at privacy@colibrigroup.com.
Security
We use reasonable security measures, including administrative, technical, and physical safeguards designed to protect against loss, accidental, unlawful, or unauthorized access, use, loss, access, disclosure, alteration, or destruction of your personal information.
While we do our best to protect your personal information, please be aware that no security measures are perfect or impenetrable. If you know or have reason to believe that your personal information collected and processed by us has been lost, stolen, misappropriated, or otherwise compromised, we recommend you contact us as at privacy@colibrigroup.com.
Retention
We keep personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements and our legitimate interests in maintaining such personal information in our records. We will consider the amount, nature, and sensitivity of the personal information, the purposes for which we process your personal information, and whether we can achieve those purposes through other means, and applicable legal requirements.
Third Party Websites
Any links to third-party websites on our site are provided solely as a convenience to you. We do not endorse or make any representations about these websites or any products, materials, or services. Any personal information you provide on these third-party websites is subject to the privacy practices and policies of those sites. We recommend that you review each website’s privacy practices and make your own conclusions regarding the adequacy of these practices. We do not accept responsibility or liability for the privacy practices or content of any websites or services that are not operated by or for us.
International Transfers
We may transfer the personal information we collect about you to countries other than the country in which the personal information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the personal information. When we transfer your personal information to other countries, we will protect that personal information in accordance with applicable law. By providing us with your personal information, you acknowledge such transfers.
Changes to this Privacy Notice
This Privacy Notice may be updated periodically, and without prior notice to you, to reflect changes in our privacy practices. For any material changes to this Notice, we will endeavor to let you know by means of a prominent notice on our websites or directly via email or other communication. We indicate at the top of this Notice and certain supplemental sections when it was most recently updated. We encourage you to periodically review this page for the latest information on our privacy practices.
Supplemental (CCPA) Notice to Residents of California
Last Updated: September 2022
The following terms supplement our Privacy Notice and explain the rights of California residents.
For information about what categories of personal information we may collect, the sources of that information, the purposes for collecting and using that information, and what types of service providers we may share that information with, please see above our section titled Personal Information We Collect and How We Use It.
Request to Know and Opt-Out of Sales
California residents have the right to request, subject to certain exemptions, that we disclose certain information to them about our collection and use of their personal information over the past 12 months. As a California resident, you have the right to request the following without charge:
- To opt out of sales of personal information to third parties;
- Categories of personal information we have collected about you;
- Categories of sources for the personal information we have collected about you;
- Business and/or commercial purposes for collecting and selling that personal information;
- Categories of third parties with whom we have disclosed or shared that personal information;
- Specific pieces of personal information we have collected about you;
- Categories of personal information that we have disclosed or shared with a third party for a business purpose; and
- Categories of third parties to whom personal information was sold.
California residents may make up to two requests to know within a 12-month period and may request to opt-out of sales of personal information at any time.
To exercise your rights under California law, please contact us via email at privacy@colibrigroup.com, or via postal mail at Colibri Group, Attn: Privacy, 399 South Spring Street, Suite 108, Saint Louis, Missouri 63110, USA.
You may designate an authorized agent to make a request on your behalf. Your agent will need to provide a Power of Attorney authorizing the agent to act on your behalf or will need to complete the same verification procedures that would be required for a request submitted by you directly and provide information that allows us to verify your authorization.
We may deny deletion requests in whole or in part as permitted or required by applicable law. We do not charge a different price or rate or provide a different level or quality of goods or services based on your exercising your CCPA rights.
Verification
We will need to verify your identify before processing your request. To verify your identity, we must be able to match certain information you provide us to the information we maintain about you. Certain requests may require us to obtain additional personal information from you. In certain circumstances, we may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law
Sales of Personal Information
We disclose the following categories of personal information with third-party cookie and other ad-tech providers, who may further disclose your personal information throughout the digital advertising ecosystem. Such disclosures may be considered a sale for purposes of the CCPA.
- Identifiers;
- California Customer Records;
- Internet or other electronic activity information;
- Geolocation data; and
- Inferences drawn from personal information such as preferences, characteristics, and behaviors.
Incentives
We may offer financial incentives or other consideration, including payments to you as compensation, for the collection of personal information. We may also offer a different price or rate to you if that price or difference is directly related to the value provided to us by your personal information.
We may run sweepstakes or contests from time to time. Each contest or sweepstakes has its own terms and conditions that describe how a consumer can opt-in, as well as withdraw from the contest or sweepstakes. To enter a sweepstakes or contest, you may be required to provide us (or our service provider) with certain personal information, such as your name and contact information. If you submit your entry in accordance with the applicable promotion’s rules, you will be entered into the promotion and will get a chance to win a prize. These promotions may be deemed a “financial incentive” under California law. If you ask us to delete your information, you may not be able to participate in the sweepstakes or contest for which the deleted information was required to administer the promotion.
Right to Non-Discrimination
You have the right not to receive discriminatory treatment for exercising any of the rights described above.
California “Shine the Light”
In addition to the rights described above, California’s “Shine the Light” law permits California residents to request certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. To make such a request, please contact us at privacy@colibrigroup.com. This request may be made no more than once per calendar year.
Supplemental Notice to Residents of Nevada
Last Updated: September 2022
If you are a Nevada resident, you can opt out sales of certain covered information that a website operator has collected or will collect about you. You can opt-out by contacting us at privacy@colibrigroup.com.
Supplemental Notice to Residents of the EEA and Switzerland (GDPR), the United Kingdom, and Brazil (LGPD)
Last Updated: September 2022
The following terms supplement our Privacy Notice and explain the rights of residents in the EEA and Switzerland, the United Kingdom, and Brazil.
For information about what categories of personal information we may collect, the sources of that information, the purposes for collecting and using that information, and what types of service providers we may share that information with, please see above our section titled Personal Information We Collect and How We Use It.
Data Controller
McKissock Investment Holdings, LLC, dba Colibri Group, is the controller of personal information covered by this Privacy Notice for purposes of European (GDPR), United Kingdom, and Brazil (LGPD) data protection legislation. Provided, however, that this Notice does not apply to the extent we process personal information in the role of a processor on behalf of our customers.
Legal Bases for How We Process Your Information
We will only use your personal information when the law allows us to. The legal bases for processing your information as set out in this Privacy Notice are as follows:
- Where use of your information is necessary to perform our obligations under a contract with you – for example, to provide the products or services you buy from us;
- Where use of your information is necessary for our legitimate interests or the legitimate interests of others – for example, to operate our business; for direct marketing purposes, as appropriate; to make and receive payments; to engage in employment relationships; to comply with legal requirements and defend our legal rights; to provide security for our websites, products, software, or applications; and to prevent fraud;
- Where we have your consent, in accordance with applicable legal requirements, to use your information for a particular purpose; which consent you may withdraw at any time by contacting us; or
- Where we use your information to comply with applicable legal obligations – for example, keeping track of purchases for tax and auditing purposes.
International Transfers
When we transfer personal information from the EEA, Switzerland, the United Kingdom, and Brazil, we implement appropriate safeguards to comply with applicable law in relation to the transfer including the EU Standard Contractual Clauses or other measures that comply with applicable law, for personal information that is being transferred to places where the EEA, Switzerland, the United Kingdom, and Brazil have determined that an adequate level of protection is not guaranteed. If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. If you would like further information about these transfer mechanisms, please feel free to contact us at privacy@colibrigroup.com.
Sensitive Personal Information
If you provide us with any sensitive personal information when you use our products or services or otherwise engage with us – for example, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or gender characteristics, criminal background, or trade union membership – you must expressly consent to our collection, processing, and use of such sensitive personal information. If you do not expressly consent to our collection, processing, and use of such sensitive personal information, you must not submit such sensitive personal information to us and/or we will remove such information from our records as soon as practicably possible. If you believe we are incorrectly in possession of your sensitive personal information, we recommend you contact us as at privacy@colibrigroup.com..
Your Rights
You have the following rights concerning your personal data that we hold and process that you can exercise at any time. You have the right to:
- Request access to your personal information;
- Edit, correct, and update your personal information;
- Request erasure of your personal information;
- Restrict processing of your personal information;
- Object to the processing of your personal information; and
- Data portability.
You may submit a request by contacting us at privacy@colibrigroup.com. Information necessary for the purposes of maintaining business records regarding a deleted or cancelled account, including records of credit transactions and account ownership, will be retained in accordance with applicable law. We may decline to process requests that are frivolous/vexatious, would jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. We may also decline aspects of deletion or access requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes.
If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here (for Europe), here (for the United Kingdom), and here (for Brazil).