Member Privacy Notice

This notice is provided by Global Education Technology, C-corp (“Flalingo”) as controller, in order to meet the transparency obligations set out in Articles 13 and 14 of the EU General Data Protection Regulation (“GDPR”), the UK GDPR, the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA/CPRA”) and comparable data protection laws in other jurisdictions.

1. Identity of the Controller

Your personal data is processed by Flalingo, acting as controller, to the extent described below.

2. Purposes of Processing

The personal data collected by Flalingo is processed for the following purposes as part of our service processes:

• carrying out the sale of goods and services (course enrolments and similar),
• carrying out communication activities and managing customer relationship processes,
• personalising the education service: generating suitable teacher recommendations for the student, preparing post-lesson performance analysis reports, tracking their level and producing practice and revision content tailored to the student (see section 5 for details),
• receiving and evaluating suggestions for the improvement of our business processes, and conducting and reviewing our business activities,
• measuring educational quality, reviewing teacher performance and handling requests and complaints,
• operating information security processes, troubleshooting and ensuring the technical functioning of our services,
• following up on requests and complaints,
• conducting our activities in compliance with applicable law and providing information to competent authorities and public bodies,
• if you give your consent, carrying out advertising, campaign and promotion processes, and publishing user testimonial videos in which your name, surname and face are clearly visible on our website and social media accounts for marketing purposes.

3. Categories of Personal Data Processed

In order to achieve the purposes set out above, we process the following categories of personal data:

• Identity data: name, surname, age, gender, date of birth and similar.
• Contact data: e-mail address, mobile telephone number, billing address and similar.
• Customer transaction data: your English language level, lesson preferences, course participation data, interactions with teachers, records of requests or complaints, post-lesson analysis reports and the level (by reference to the CEFR), vocabulary and grammar assessment results contained in them, and your learning goal and interest preferences.
• Transaction security data: device information, IP address, operating system type, browser information, cookie and log records and similar.
• Financial data: order data such as name and postal code collected in order to process purchases (we do not store credit card numbers or sensitive cardholder data).
• Audio and visual data: audio and/or video recordings of your live lessons together with in-lesson text data. These recordings are not anonymous; they are processed in association with your account in order to produce your individual post-lesson analysis report and personalised practice and revision content, and to measure educational quality, review teacher performance and examine requests and complaints. In addition, where you have given your consent, user testimonial or satisfaction videos collected for promotional and marketing purposes in which your name, surname and face are clearly visible.
• Marketing data: where you give consent, permissions for commercial electronic messages, campaign and preference information and similar.
• Legal process data: correspondence with judicial and administrative authorities and with competent public bodies, and the contents of investigation, litigation and enforcement files.

4. How We Collect Your Data and the Legal Bases for Processing

Your personal data is collected through digital channels: by your completing the contact forms on our website, by your sending us an e-mail, by your using our services in order to purchase a course, by your connecting through third-party platforms (social media and similar), by your submitting a video through the third-party software used to collect user testimonial videos (for example Senja), by your participating in live lessons and in-platform learning tools, and through automated systems such as the cookies operating on our site.

Your personal data is processed on the following legal bases:

• Performance of a contract (GDPR Art. 6(1)(b)): providing course services, carrying out membership steps, providing the teacher matching, post-lesson analysis report and personalised practice services that form a defined part of the package you purchased, and performing our contractual obligations.
• Compliance with a legal obligation (GDPR Art. 6(1)(c)): retention obligations under applicable legislation and the provision of information to competent authorities.
• Legitimate interests, provided that your fundamental rights and freedoms are not prejudiced (GDPR Art. 6(1)(f)): maintaining customer communication, ensuring the security of our site and of transactions, troubleshooting and improving service quality, measuring educational quality and reviewing teacher performance, and establishing, exercising or defending legal claims. You may object to this processing at any time as described in section 7.
• Consent (GDPR Art. 6(1)(a)): only where you have specifically given your consent, sending you commercial electronic messages for the purpose of advertising, campaigns and the promotion of our services, publishing on our platforms testimonial videos containing your identity and audio-visual data, and transferring such data to the third-party tools used for those purposes. You may withdraw your consent at any time, without affecting the lawfulness of processing carried out before withdrawal.

5. AI-Assisted Analysis and Personalisation

Flalingo uses AI-assisted analysis tools in order to personalise the service you have purchased. The activities carried out in this context are explained below.

• (a) Teacher Matching (Smart Matching): the information you provide during registration and level assessment, together with data about your lesson history (your language level, learning goal, interests, preferred lesson times, past lesson performance and similar data), is evaluated automatically in order to generate suitable teacher recommendations. This evaluation is carried out solely to produce recommendations; the final choice of teacher is made by you.
• (b) Post-Lesson Analysis (FLAI Report): the audio and/or video recording of your live lessons and in-lesson text data are analysed automatically after the lesson in order to produce an individual report on your language level (by reference to the CEFR), your vocabulary and your grammar performance. This report is provided to you and to the education consultant assigned to you; for students under the age of 18, the holder of parental responsibility may also access the report.
• (c) Personalised Practice (Flomework): the analysis results produced under paragraph (b) are used to generate practice, revision and reinforcement content tailored to you.
• (d) Speaking Practice with AI (FLAI Speaking): if you use this feature, your voice recordings are processed in order to generate speaking practice feedback and an assessment of your pronunciation and fluency.

Legal basis: the activities described in paragraphs (a), (b), (c) and (d) form a defined part of the service you purchased and are therefore carried out on the basis of performance of a contract, and on the basis of our legitimate interests in so far as they serve to measure and improve service quality.

Transfers: in order to carry out these activities, your audio, video and text data may be transferred to AI and language-processing service providers located in other countries, subject to the safeguards described in section 6.

Retention: lesson recordings are retained for 1 year, and post-lesson analysis reports and personalised content records for 5 years; at the end of that period they are deleted or irreversibly anonymised.

Access: within Flalingo, only authorised personnel (your education consultant and the quality and support teams) may access lesson recordings and analysis reports.

Your rights: these tools support the service but do not produce decisions about you that are based solely on automated processing and that produce legal effects concerning you or otherwise significantly affect you. You may request information about the results of these analyses, ask us to correct results you consider inaccurate, and object to any assessment carried out solely by automated means where it produces an adverse effect for you.

6. Transfers of Personal Data

Your personal data may be transferred to the following categories of recipient in line with the purposes set out above:

Recipients: our suppliers and service providers that provide payment processing, data analysis, hosting, marketing and customer support services; private-law professional advisers from whom we obtain services (in fields such as law, accountancy, audit and information technology); our business partners; companies providing storage, archiving and information technology support (servers, hosting, software, cloud computing); and, upon a lawful request, legally competent public authorities and institutions. Where these recipients are located in other countries, the categories concerned are hosting and cloud computing providers, payment service providers, AI and language-processing service providers, live lesson infrastructure providers, customer communication and support tool providers, and teachers.

International transfers: your personal data may be transferred to countries other than your own, including the United States, for purposes such as carrying out the sale and support of goods and services, customer relations and following up requests and complaints, sharing data with teachers based in other countries so that the education service can be delivered, and carrying out the AI-assisted analysis and personalisation activities described in section 5. Where personal data is transferred out of the European Economic Area, the United Kingdom or another jurisdiction that restricts international transfers, we rely on:

• an adequacy decision of the competent authority in respect of the destination country, or
• where no adequacy decision applies, appropriate safeguards within the meaning of Chapter V of the GDPR — in particular the Standard Contractual Clauses adopted by the European Commission and, for the United Kingdom, the International Data Transfer Agreement or Addendum — together with any supplementary technical and organisational measures required.

Where neither of the above applies, a transfer will be made only in reliance on a statutory exception provided by applicable law or, failing that, on the basis of your separately obtained explicit consent. You may request a copy of the safeguards we rely on using the contact details in section 1.

7. Your Rights

You have the following rights in relation to your personal data:

• to be informed whether your data is being processed and, if so, to access it and obtain a copy (GDPR Art. 15),
• to be informed of the purposes of processing and whether your data is used in accordance with those purposes,
• to know the recipients or categories of recipients to whom your data has been disclosed, including transfers to other countries and the safeguards applied,
• to have inaccurate or incomplete personal data rectified (GDPR Art. 16),
• to have your personal data erased where the conditions provided by law are met, even if it was processed lawfully (GDPR Art. 17),
• to obtain restriction of processing in the circumstances provided by law (GDPR Art. 18),
• to request that any rectification, erasure or restriction be notified to the third parties to whom your data has been disclosed (GDPR Art. 19),
• to receive your personal data in a structured, commonly used and machine-readable format and to have it transmitted to another controller (GDPR Art. 20),
• to object to processing based on our legitimate interests, and to object at any time to processing for direct marketing purposes (GDPR Art. 21),
• not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or otherwise significantly affects you, and to object to such a decision (GDPR Art. 22),
• to withdraw your consent at any time where processing is based on consent (GDPR Art. 7(3)), and
• to claim compensation for damage suffered as a result of unlawful processing of your personal data.

If you are a resident of California, you also have the right to know what personal information we collect, use, disclose and sell or share; to request its deletion or correction; to opt out of the sale or sharing of your personal information; to limit our use and disclosure of sensitive personal information to what is necessary to provide the services; and not to be discriminated against for exercising these rights.

You may exercise these rights at any time, free of charge and without having to follow any particular formality. Many preferences can be managed directly from your account settings. Otherwise, please contact us by e-mail at info@flalingo.com, by telephone on +1 401 203 1078, or by post at 445 South California Avenue, Palo Alto, CA 94306, USA. No specific form or particular wording is required, and we will not refuse a request because of the way in which it was submitted. We will ask you for additional information only where we have reasonable doubts as to your identity. We will respond without undue delay and in any event within one (1) month of receipt, or within forty-five (45) days if you are a California resident; where a request is complex or where you have made a number of requests, we may extend this period as permitted by applicable law and will inform you of the extension and the reasons for it.

If you are not satisfied with our response, you have the right to lodge a complaint with the data protection supervisory authority of your country of residence, place of work or the place of the alleged infringement (GDPR Art. 77), and you may also have the right to seek a judicial remedy.

This document is also available in other languages; in the event of any conflict between a translation and this English version, this English version shall prevail.