Privacy Policy

Last Updated: May 1, 2025

1. PRIVACY & COOKIES

By using this Website, You agree that YesLMS may collect, use, and share information in accordance with this Privacy Policy.

2. INFORMATION COLLECTION

YesLMS collects personal information when you:

Create an account or use our platform.
Interact with our website (e.g., browsing, filling out forms, subscribing to emails).
Make a financial transaction (e.g., purchasing services).
Apply for employment with YesLMS.
Engage with our sales, marketing, or customer support teams.

2.1 Categories of Personal Information Collected

Identifiers (e.g., name, alias, email, IP address, phone number).
Account & Login Information (e.g., username, password, security settings).
Financial Information (e.g., payment details, transaction history).
Internet/Network Activity (e.g., browsing history, site interactions).
Geolocation Data (if enabled).
Employment & Application Data (e.g., resumes, job history, qualifications).
Inferences & Analytics Data (e.g., preferences, behavioral analysis).

3. YOUR ACCOUNT

You agree to:

Maintain the confidentiality of your account and password,
Restrict unauthorized access to your device,
Be responsible for all activities under your account,
Not share your password or account access with anyone,
Log out after each session,
Change your password immediately if you suspect unauthorized access,
Notify us at privacy@yeslms.com if you detect any security breach.

YesLMS is not responsible for any unauthorized access or actions taken under your account.

4. COPYRIGHT COMPLIANCE

We comply with the Digital Millennium Copyright Act (DMCA) and promptly remove infringing material upon notice. If a user repeatedly infringes copyrights, we may terminate their account.

4.1 Reporting Copyright Infringement

If you believe content on our Website infringes your copyright, contact us at:

YesLMS

Attn: Maira Gimenes

Email: privacy@yeslms.com

Your notice must meet the requirements of 17 U.S.C. 512(c)(3) and include:

Your physical or electronic signature as the copyright owner or authorized representative;
Identification of the copyrighted work being infringed;
Identification of the infringing material and its location;
Your contact information (address, phone, and email);
A statement affirming your good-faith belief that the use is unauthorized;
A statement, under penalty of perjury, affirming your authority to act.

5. SOFTWARE USE POLICY

Any downloadable software on this Website ("Software") is copyrighted by YesLMS and/or its licensors. Your use of such Software is governed by the accompanying Master Subscription Terms of Use Agreement. If no license is provided, YesLMS grants you a personal, non-transferable license to use the Software solely for viewing and using this Website in compliance with these Terms.

All Software, including code and controls, is protected by copyright laws. Unauthorized reproduction, redistribution, or copying to another server or location is prohibited and may lead to civil or criminal penalties.

6. USE OF ARTIFICIAL INTELLIGENCE (AI)

YesLMS may incorporate artificial intelligence (“AI”) and machine learning technologies—such as natural language processing, recommendation engines, and automated support tools—into its Services to enhance functionality and improve the user experience. These features may operate automatically in response to user inputs or behavior. While AI-generated responses are intended to be helpful, they may not always be accurate, complete, or tailored to specific circumstances. Customers should not rely solely on automated outputs for critical decisions and are encouraged to contact human support as needed. The Company is committed to using AI responsibly and in accordance with applicable data protection laws.

7. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights related to the Website, Services, and Documents belong to YesLMS or its licensors. These rights are licensed, not sold. You have no rights to access the Website or Services in source-code form.

8. TRADEMARK POLICY

YesLMS™ trademarks, logos, and brand features displayed on the Website and Services are the property of YesLMS. Do not display or use these marks without our prior permission. Trademarks of sponsors or third parties belong to their respective owners and do not imply affiliation with YesLMS.

9. DISCLAIMERS

YesLMS provides the Website and Services “as is” and “as available”, without warranties of any kind, to the extent permitted by law. We do not guarantee that:

The Website and Services will always be secure, error-free, or uninterrupted.
Any content (YesLMS, user-generated, or third-party) will be accurate, timely, or reliable.
The Website and Services will operate without disruptions or imperfections.

YesLMS assumes no liability for user content, third-party content, or any material created, uploaded, posted, or stored on the platform. Some jurisdictions do not allow exclusions of certain warranties-this section applies only where permitted by law.

10. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable laws, you agree that YesLMS, its sister-company, VR Development Group (“VRDG”), affiliates, and employees shall not be liable for:

Personal injury, emotional distress, or death arising from the Website use.
Indirect, consequential, or special damages, including lost profits, data loss, or service interruptions.
Damages arising from reliance on Website content, third-party links, or advertisements.

This limitation applies even if YesLMS was advised of potential damages.

11. ACKNOWLEDGEMENT

By using the Website and YesLMS Subscription Services, you acknowledge and agree that:

These limitations of liability and disclaimers are fundamental to this agreement.
YesLMS would not be able to offer its services under the same terms without these exclusions and limitations.

These terms remain valid even if your legal remedies fail, provided they were permitted by law.

12. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold harmless YesLMS, its members, managers, officers, employees, and affiliates from any claims, demands, suits, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising from:

Breach of Terms: Your violation of this Privacy Policy or any other Terms of Use provided on this Website.
Negligence or Misconduct: Your negligence, misconduct, or any wrongful act or omission.
Improper Use: Your use or misuse of this Website, including any third-party information, links, materials, products, or services available on or through this Website, as well as any content you post on the site.
Unauthorized Access: Actions taken by anyone with whom you shared your password, account, computer, or other device.
Submitted Material: Information or materials you submitted to or posted on the Website.
Intellectual Property Violations: Violations of intellectual property rights, privacy, publicity, confidentiality, Fair Housing laws, proprietary rights, or any other third-party rights, or violations of applicable laws or regulations resulting from your use of the Website.
Electronic Signature Use: Your use of the Website's electronic signature lease execution functionality, including issues related to the enforceability of electronically signed leases.

This indemnification applies only to the extent allowed by applicable law. Some jurisdictions may not permit certain limitations, and in those cases, this Section shall apply to the maximum extent permitted.

13. MODIFICATION OF PRIVACY POLICY TERMS

YesLMS reserves the right to modify these Privacy Policy Terms, at any time and at its sole discretion, without prior notice and without liability of any kind. Changes will be made by posting the updated Privacy Policy Terms or other Terms of Use on this Website.

By continuing to use the Website after the modified terms have been posted (other than solely to review the changes and delete your account), you agree to the updated Privacy Policy Terms.

All changes will take effect immediately upon posting and will apply only prospectively. No changes will affect:

Any dispute, controversy, or claim that is pending or in progress at the time of the change.
Events or matters occurring prior to the time the changes are posted.

14. GOVERNING LAW AND DISPUTES

By using this Website and Services you agree that:

This Privacy Policy is governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles.
Any disputes arising out of or relating to this Privacy Policy or your use of the Website will be resolved through confidential arbitration in Dane County, Wisconsin, in accordance with the American Arbitration Association (AAA) Consumer Arbitration Rules. You and YesLMS expressly waive the right to participate in any class-action lawsuits.
This arbitration requirement applies only where permitted by law. Some jurisdictions may not allow mandatory arbitration, in which case this provision may not apply.

If any part of this arbitration clause is found to be invalid, unenforceable, or illegal, the remaining provisions will continue in full force and effect. If the entire arbitration clause is held to be unenforceable, both parties agree to submit to the personal jurisdiction and exclusive venue of the state courts located in Dane County, Wisconsin.

15. COMPLIANCE WITH LAWS

YesLMS’ performance under this Agreement is subject to existing laws and legal processes. Nothing in this Agreement limits YesLMS’ right to comply with governmental, court, or law enforcement requests related to your use of the Website, or the information collected by YesLMS in connection with such use.

16. ASSIGNMENT AND TRANSFER

You may not transfer your rights or obligations under this Privacy Policy, in whole or in part, without prior written consent from YesLMS. Any attempt to do so without approval is invalid.

YesLMS may assign its rights and obligations at any time without notice.

This Privacy Policy binds and benefits the successors and assigned assigns of both parties.

17. SUPPLEMENTAL PRIVACY POLICY FOR CALIFORNIA RESIDENTS

Under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), California residents have specific rights regarding the collection, use, and disclosure of their personal information.

This Supplemental Privacy Policy outlines these rights and provides information on how YesLMS handles personal data in compliance with applicable California privacy laws.

For more details, refer to our Privacy Policy.

17.1 CCPA/CPRA Rights for California Residents

Under the CCPA/CPRA, California residents have the following rights:

Right to Know: You may request information about the categories and specific pieces of personal information we have collected, the sources of that information, our purpose for collecting it, and the third parties with whom we have shared it.
Right to Delete: You may request the deletion of personal information that we have collected, subject to certain legal exceptions.
Right to Correct Inaccurate Information: You may request that we correct inaccurate personal information maintained about you.
Right to Limit the Use of Sensitive Personal Information: If we collect sensitive personal information (such as Social Security numbers or biometric data), you have the right to request that we limit its use to what is necessary for providing services.
Right to Non-Discrimination: You will not be denied services, charged a different price, or receive a different level of service because you exercised your privacy rights.

To exercise these rights, please submit a Privacy Request by emailing privacy@yeslms.com.

17.2 Categories of Personal Information Collected

YesLMS collects the following categories of personal information:

Identifiers: Name, alias, mailing address, phone number, email, IP address, online identifiers.
Financial Information: Payment details, transaction history, and other financial data when making purchases.
Protected Characteristics: Age, gender, nationality, disability status, veteran status, etc.
Commercial Information: Records of products or services purchased, considered, or returned.
Internet or Network Activity: Browsing history, search activity, and interactions with our website or ads.
Geolocation Data: If you enable location tracking on our website or mobile apps.
Employment and Education Information: If you apply for a job or interact with us as a contractor.
Inferences: Preferences, behavior analysis, and profiling based on collected data.

For more details, see our Privacy Policy.

17.3 Business or Commercial Purposes for Collecting Personal Information

We collect and use personal information for purposes including, but not limited to:

Providing and improving services (e.g., account setup, customer support, processing transactions).
Security and fraud detection (e.g., verifying identities, protecting against fraud).
Marketing and advertising (e.g., targeted ads, promotional campaigns, data analytics).
Legal and compliance obligations (e.g., regulatory reporting, law enforcement requests).
Employment and HR purposes (e.g., recruiting, payroll, benefits administration).

17.4 Disclosure of Personal Information

YesLMS may disclose personal information to third parties for the following reasons:

Service Providers: Cloud storage providers, payment processors, and IT service providers.
Legal and Regulatory Compliance: Government agencies or law enforcement when required.
Business Transactions: If YesLMS is involved in a merger, acquisition, or sale.

YesLMS does not sell personal information and has not sold personal information in the past 12 months. If this policy changes, we will update this notice and provide you with an opt-out option.

17.5 Your Rights and How to Exercise Them

Access or Correct Your Information: To request access to the personal information we have collected or correct inaccuracies, submit a request by emailing privacy@yeslms.com.
Request Deletion of Your Personal Information: You may request deletion of your personal data unless an exception applies (e.g., for legal compliance or security).
Submitting a Request Through an Authorized Agent: You may authorize someone else to make a request on your behalf. The authorized agent must provide:

A valid power of attorney, or
Proof of authorization and verification of your identity.

17.6 Who Does CCPA/CPRA Apply To?

This policy applies to California residents, defined as individuals who:

Currently reside in California, or
Are domiciled in California but are temporarily outside the state.

Non-California residents are not covered under CCPA/CPRA but may have rights under other privacy laws.

17.7 Exemptions & Limitations

Certain data and business activities are exempt from CCPA/CPRA, including:

Publicly available information (e.g., government records).
Deidentified or aggregated data (not linked to an individual).
Personal information collected under the Gramm-Leach-Bliley Act (GLBA) (e.g., financial institutions).
Data governed by the Fair Credit Reporting Act (FCRA) (e.g., consumer credit reports).

17.8 Response Time and Verification

Requests will be processed within 45 days, with an extension of up to 90 days if necessary.
Verification required: We may need to confirm your identity before processing your request.

For privacy inquiries, contact privacy@yeslms.com.

18. CHANGES TO THIS PRIVACY POLICY

We may update this notice from time to time. Changes will be posted on our website with the effective date.

LAST MODIFIED April 29, 2025.

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