Introduction

Welcome to Makarius Smart Learning's Review App, a customizable online platform designed to enhance the educational experience for students of our partner review centers. By accessing and using the Review App, you agree to comply with and be bound by the following terms and conditions.

1. Definitions

1.1. "Makarius Smart Learning" refers to the owner and operator of the platform.

1.2. "Review App" refers to the online platform provided by Makarius Smart Learning.

1.3. "Partner Review Center" refers to the educational institution providing content and materials.

1.4. "User" or "Student" refers to individuals enrolled in the Partner Review Center and using the Review App.

1.5. "Materials" include videos, question banks, PDF handouts, and other educational resources provided by the Partner Review Center.

2. Ownership

2.1. Makarius Smart Learning owns and operates the Review App, including its software, design, and layout.

2.2. The Partner Review Center owns all educational content and materials provided on the Review App.

3. User Access and Responsibilities

3.1. Access to the Review App is granted to students enrolled in the Partner Review Center.

3.2. Users must maintain the confidentiality of their login credentials.

3.3. Users must comply with all applicable laws and regulations in their use of the Review App.

3.4. Sharing of login credentials or unauthorized access is prohibited.

4. Usage of Materials

4.1. Materials are for educational purposes only and for the registered user's use.

4.2. Users may not reproduce, distribute, modify, or create derivative works from the materials without consent from the Partner Review Center.

4.3. Unauthorized use of materials may result in suspension or termination of access and legal action.

5. Privacy and Data Protection

5.1. Makarius Smart Learning is committed to protecting user privacy in accordance with our Privacy Policy.

5.2. User data may be shared with the Partner Review Center to provide educational services and support.

6. Limitation of Liability

6.1. The Review App is provided "as is" without warranties of any kind.

6.2. Makarius Smart Learning is not liable for any damages arising from the use or inability to use the Review App.

7. Termination

7.1. Makarius Smart Learning reserves the right to terminate or suspend access at any time, with or without cause or notice.

7.2. Upon termination, users must cease all use of the Review App and destroy any downloaded or printed materials.

8. Changes to Terms and Conditions

8.1. Makarius Smart Learning may modify these Terms and Conditions at any time, with notification provided through the Review App.

8.2. Continued use of the Review App constitutes acceptance of the new Terms and Conditions.

9. Governing Law

9.1. These Terms and Conditions are governed by the laws of the jurisdiction where Makarius Smart Learning is headquartered.

9.2. Disputes are subject to the exclusive jurisdiction of the courts in that jurisdiction.

10. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at [email protected].

By using the Review App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

- Makarius Smart Learning

1. Introduction

Welcome to our Review App. Our Privacy Policy governs your access to our Review App being powered by MSmart Learning, and explains how we collect, safeguard and disclose information that results from your use of our Platform. References to “us”, “we”, “our” and “MSmart” shall mean either MSmart Learning or Makarius Smart Innovations, Inc. Our platform is committed to protecting your privacy and personal information. This Privacy Policy outlines our policies and practices regarding the collection, use, and disclosure of personal information. We use your data to provide and improve Platform. By using Platform, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions. Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Policy constitutes your agreement with us (“Agreement”).

2. Definitions

Platform means this Review App as operated and powered by MSmart Learning.

PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).

COOKIES are small files stored on your device (computer or mobile device).

DATA CONTROLLER means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.

DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

DATA SUBJECT is any living individual who is the subject of Personal Data.

THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

3. Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

4. Types of Data Collected

Personal Data: While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, Country, State, Province, ZIP/Postal code, City
• Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

Usage Data: We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through any device (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.

5. Use of Data

MSMART uses the collected data for various purposes:

• to provide and maintain our Service;
• to notify you about changes to our Service;
• to allow you to participate in interactive features of our Service when you choose to do so;
• to provide customer support;
• to gather analysis or valuable information so that we can improve our Service;
• to monitor the usage of our Service;
• to detect, prevent and address technical issues;
• to fulfill any other purpose for which you provide it;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
• to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
• in any other way we may describe when you provide the information;
• for any other purpose with your consent.

6. Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

7. Transfer of Data

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside Philippines and choose to provide information to us, please note that we transfer the data, including Personal Data, to Philippines and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

MSmart will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

8. Disclosure of Data

We may disclose personal information that we collect, or you provide:

• Disclosure for Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
• Business Transaction. If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
• Other cases. We may disclose your information also:
  • to our subsidiaries and affiliates;
  • to contractors, service providers, and other third parties we use to support our business;
  • to fulfill the purpose for which you provide it;
  • for the purpose of including your company’s logo on our website;
  • for any other purpose disclosed by us when you provide the information;
  • with your consent in any other cases;
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

9. Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

10. Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR.

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at [email protected].

In certain circumstances, you have the following data protection rights:

• the right to access, update or to delete the information we have on you;
• the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
• the right to object. You have the right to object to our processing of your Personal Data;
• the right of restriction. You have the right to request that we restrict the processing of your personal information;
• the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
• the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;

Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not be able to provide Service without some necessary data.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

11. Your Data Protection Rights under the Data Privacy Act of 2012 (DPA)

DPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond Philippines to require a person (and conceivable the world) that operates websites collecting personally identifiable information from Philippines consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy.

According to DPA we agree to the following:

• Right to be Informed - Data subjects have the right to be informed about the collection, processing, and sharing of their personal data. This includes the purpose, scope, and method of data processing, as well as the identity of the data controller and processors.
• Right to Access - Data subjects have the right to access their personal data being processed by a data controller or processor. This includes the right to be informed of the source of the personal data, the recipients or categories of recipients, and the purpose of the processing.
• Right to Object - Data subjects have the right to object to the processing of their personal data. This includes the right to refuse the collection, use, or disclosure of their personal data for direct marketing purposes.
• Right to Erasure or Blocking - Data subjects have the right to have their personal data erased or blocked from processing if the data is inaccurate, incomplete, outdated, unlawfully obtained, or no longer necessary for the purpose for which it was collected.
• Right to Rectification - Data subjects have the right to have their personal data corrected or updated if it is inaccurate or incomplete.
• Right to Data Portability - Data subjects have the right to obtain a copy of their personal data in a structured, commonly used, and machine-readable format. This allows them to transfer their personal data to another data controller or processor.
• Right to Damages - Data subjects have the right to claim damages for any harm caused by the unlawful processing of their personal data.

Furthermore, we also agree to the following:

• users can visit our site anonymously;
• our Privacy Policy link includes the word “Privacy”, and can easily be found on the home page of our website;
• users will be notified of any privacy policy changes on our Privacy Policy Page;
• users are able to change their personal information by emailing us at [email protected].

Our Policy on “Do Not Track” Signals: We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

12. Your Data Protection Rights under the Data Privacy Act of 2012 (DPA) of the Philippines

If you are a Philippine resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:

• What personal information we have about you. If you make this request, we will return to you:
  • The categories of personal information we have collected about you.
  • The categories of sources from which we collect your personal information.
  • The business or commercial purpose for collecting or selling your personal information.
  • The categories of third parties with whom we share personal information.
  • The specific pieces of personal information we have collected about you.
  • A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
  • A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.
• To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.
• To stop selling your personal information. We don’t sell or rent your personal information to any third parties for any purpose. We do not sell your personal information for monetary consideration. However, under some circumstances, a transfer of personal information to a third party, or within our family of companies, without monetary consideration may be considered a “sale” under Philippine law. You are the only owner of your Personal Data and can request disclosure or deletion at any time.

If you submit a request to stop selling your personal information, we will stop making such transfers.

Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights. Your data protection rights, described above, are covered by the DPA, short for the Data Privacy Act of 2012. To find out more, visit the official National Privacy Commission (NPC) website.

13. Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analysing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

14. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

15. CI/CD tools

We may use third-party Service Providers to automate the development process of our Service.

16. Behavioral Remarketing

We may use remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

17. Payments

We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

18. Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

19. Children’s Privacy

Our Services are not intended for use by children under the age of 18 (“Child” or “Children”). We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

20. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update “effective date” at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

21. Contact Us

If you have any questions about this Privacy Policy, please contact us by email: [email protected].

Upon your enrollment to Wise.Owl by LM Academy, you are prohibited from engaging in the following actions:

1. Making available copies of any of the Learning Materials (Medtech Review Booklets, Mentor’s Handouts, and notes) on a network server or web server for use by others.
2. Using, displaying, or otherwise making available the Learning Materials (or any portion thereof), Quizzes, Exams, Handouts/Notes, to third parties in any electronic or print format that enables it to be downloaded or distributed via any computer or mobile device, shared in any peer-to-peer or similar file-sharing arrangement, or enabling distribution by any other means.
3. Screen recording, sublicensing, reselling, renting, lending, assigning, donating, or otherwise transferring or distributing the Learning Materials provided under these Terms.
4. Decompiling or disassembling any Learning Material contained within the Course content or hosted on Google Classroom/Google Drive or any other online platform used by LM Heritage Training Academy.
5. Removing any notice of copyright, trademark, watermark, or other proprietary rights embedded in or displayed on the Learning Material.

By continuing, you acknowledge and agree to comply with these terms.

This notice explains how Wise.Owl by LM Academy collects, uses, stores, and shares student personal information. We are committed to protecting student privacy and complying with applicable data privacy laws.

Information We Collect:

• Personal Information: Name, address, contact information, date of birth, emergency contact details, and other identifying information.
• Academic Information: Grades, test scores, attendance records, and other educational data.

How We Use Information:

• Educational Purposes: To provide instruction, assess student progress, maintain academic records, and communicate with parents/guardians.
• Administrative Purposes: To manage enrollment, track attendance, administer school programs, and comply with legal obligations.

Information Sharing:

• School Staff: Information may be shared with teachers, administrators, counselors, and other school personnel on a need-to-know basis.
• Parents/Guardians: We will communicate with parents/guardians about their child's academic progress, behavior, and school activities when needed.
• Third-Party Service Providers: We may share information with companies or individuals who perform services on our behalf, such as technology providers or educational consultants.
• Legal Compliance: We may disclose information to comply with legal requirements, such as court orders or subpoenas.

Data Security:

We implement appropriate physical, technical, and administrative safeguards to protect student information from unauthorized access, use, or disclosure.