Privacy Policy

Last updated on January 22, 2024

This Privacy Policy (the “Privacy Policy” or “Policy”) governs the manner in which THINKED CORPORATION, (“ThinkEd”) a Delaware Corporation and subsidiary of MGD HEROES MADE, LTD., (“Heroes Made”), a Cyprus corporation, (collectively, the “Company”, “We”, “Our”, “Us”) collects, uses, maintains, and discloses information collected from you through the online and/or mobile services, websites, and software provided on or in connection with https://www.thinked.tech/ and any other affiliated websites, https://heroesmade.com/ (each a “Website” and collectively, the “Website” or “Platform”, used interchangeably), which are offered through (i) https://www.thinked.tech/, (ii) mobile applications associated with https://www.thinked.tech/ if any, and (iii) any other Company website, app or online service that now or in the future may exist. “You” or “Your” means a visitor or a user (whether signed in or not) of Our Platform. Your use of the Platform is conditioned on Your acceptance of this Policy.

We take data privacy and security seriously. We respect Your privacy and are committed to protecting Your information through Our compliance with this Privacy Policy.

Student Data: Access to the Platform may be purchased by providers of educational services, such as Educational Institutions, educational institutions, Educational Institution districts, or teachers (each an “Educational Institution” and collectively, the “Educational Institutions”) that use Our Platform for educational purposes. When We contract with an Educational Institution to provide the Platform, We may collect or have access to Student Data (defined below), which may be provided by the Educational Institution or by the student. We consider such Student Data to be strictly confidential and in general do not use such data, if at all, for any purpose other than improving and providing Our Platform to the Educational Institution or on the Educational Institution’s behalf. Our collection, use and sharing of Student Data is governed by Our contracts and agreements with the Educational Institution and any applicable laws and regulations including, provisions of the Family Educational Rights and Privacy Act (“FERPA”), the Children’s Online Privacy Protection Act (“COPPA”) and applicable state laws. If You have any questions about reviewing, modifying, or deleting personal information of a student, please contact Your Educational Institution directly.

Notwithstanding the above, We may work with a third-party platform which offers a secure private data exchange in the education sector, such as Global Grid for Learning, a public benefit corporation (“GG4L”). GG4L’s data exchange platform offers a shield for personally identifiable information (“PII”). By its own terms, it aims to protect the PII of students, educators, and staff in K-12 educational institutions by offering data encryption, role-based access control, and audit logs to ensure the secure handling of sensitive information. We have integrated GG4L into our Platform.

This Privacy Policy describes the following categories of information:

The Information We Collect and Receive
How We Use Information
Data Minimization and Purpose Limitation
How We Share Information
Cookies and Other Tracking Technologies
Your Choices Regarding Your Information
Data Retention
Security of Information
Links to Third-Party Sites
Childrens’ Privacy
Privacy Rights Under Certain U.S. State & Non-U.S. Laws
Changes to this Privacy Policy
Binding Dispute Resolutionn
Contacting Company

1. The Information We Collect and Receive

Information You provide to Us. We collect a variety of information that You may provide or We may collect connection with Your use of the Website and the registration process. The types of data we may collect from You may include:

a. Educational Institution Information. When a teacher, Educational Institution administrator or agent, or other authorized personnel associated with a Educational Institution, registers for Our Platform, We may collect personal information such as name, email address, payment information, username and password where an account setup is required, and information about the Educational Institution.

b. Student Information. Once registered, an Educational Institution may provide information about its students, such as student names, class years, photographs, or other identifiers, contact information, email addresses for the student, student’s parent or legal guardian, and educational level. Personal information that may be collected either directly from You, or passively through Your use of and browsing on the Website is hereinafter referred to as student data, (“Student Data”).

c. Professional and Education-Related Information. During the course of providing the Platform, We may collect information about Your use of the Platform, as well as any information that You submit to the Platform, such as answers to questions or content or messages posted or shared through the Platform. In addition, We may ask You for personal information at other times, such as when You contact Our technical support team, send Us an e-mail, complete a user survey or otherwise communicate with Us.

d. Information through surveys, testimonials, comments, reviews, and blogs. You may decide to participate in a survey, to provide a review, to provide a testimonial, to comment on a blog or social media post, etc. If You decide to participate or comment, then You may provide certain information that may include personal information. In addition, We may post Your testimonials/comments/reviews on Our Website that may contain PII. By agreeing to this Privacy Policy, You hereby consent to Our posting of the testimonial, which authorizes Us to post certain information along with it. To opt-out, You may contact Us regarding any specific review or testimonial which You prefer to not be posted. We may invite You to complete a survey or participate in a promotion, either through the Website or through a third-party platform. If You participate, We may collect and store the data You provide as part of participating. That data is subject to this Privacy Policy unless otherwise stated in the official rules of the promotion or survey, including notifying winners and distributing rewards. Where We use a third-party platform to administer a survey or promotion, the third party’s privacy policy will apply.

e. Internet and Electronic Network Activity Information. We may collect information about Your browser type, device information, usage information, language preference, referring site, subsequent site, and date/time of each visitor request. The purpose in collecting non-personally identifying information is to better understand how users use the Website. We may collect information about Your operating system, Internet Service provider information and IP addresses and other device identifiers, such as mobile device information. In addition, We may collect information about Your use of the Website, unique views, originating sites, etc., including through the use of tracking technologies (See Section 5 pertaining to Tracking Technologies for more information). A user simply browsing the Website does so anonymously.

f. Analytics information. We may use certain third-party services to assist us in analysis, auditing, research, and reporting regarding the Website. These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device. You may opt out of the use of cookies.

g. Demographic information and information about your interests. We may collect information such as your zip code, gender, age, income, household or lifestyle information, and information about Your interests and preferences.

2. How We Use Information

The Company may use personally identifiable information, PII collected through the Website for the following reasons:

• for the specific purposes for which the information was collected;

• to fulfill a contractual obligation;

• to contact users regarding Company’s Platform;

• to communicate to users, including regarding products and Platform offered by Company

• to maintain and improve its Platform and Website;

• to provide support;

• to enhance users’ experiences with the Website;

• to inform users of offerings that may be of interest;

• to process payments;

• for business planning, marketing, advertising and sales purposes;

• for information security purposes;

• to defend its legal rights;

• to efficiently maintain its business; and

• to comply with applicable law.

3. Data Minimization and Purpose Limitation

We are committed to the principle of data minimization, which means that We collect only the minimum amount of personal information necessary to provide Our services and Platform to You. We partner with GG4L to facilitate the collection of certain student information, specifically student names and class details. This information is essential for creating personalized accounts on Our Platform and ensuring that students can access the appropriate digital classes and curated library resources tailored to their educational needs.

The collection of student names and class information is conducted with the sole purpose of enhancing the educational experience and enabling effective classroom engagement within Our Platform. We do not collect any unnecessary or extraneous data that is not directly relevant to Our services or Platform.

We understand the sensitivity of Student Data and are dedicated to maintaining the highest standards of data security and privacy. The collected student information is treated with the utmost care, and We adhere to strict security measures to prevent unauthorized access, disclosure, or misuse.

It is important to note that the data collected through GG4L is transmitted securely and used solely for the purpose of account creation and personalized learning experiences. We do not share this information with any third parties, except as required to provide Our Platform as outlined in this Privacy Policy, or as permitted by applicable laws and regulations.

We remain committed to limiting the scope of data collection to what is necessary for the provision of our educational services and ensuring that student data is handled responsibly and in accordance with the relevant legal requirements and the terms of this Privacy Policy.

If you have any questions or concerns about the data We collect and how it’s used, contact us at info@heroesmade.com. Your privacy and the privacy of the students using Our Platform are a top priority.

4. Information Sharing

We may share information that We collect about You in the following ways:

With our service providers and third-party vendors. We may contract with select third party vendors who provide services on Our behalf, which may include services such as email, hosting, cloud storage, maintenance, backup and analysis, communications software, marketing, business strategy, banking, payment processing, professional services, background checks, etc. We may also share non-personal information (such as aggregate user statistics, de-identified information, demographic information, etc.) with third parties such as advertisers, content providers, and analytics providers.

Within the Company. Company may disclose PII collected from users to any parent, subsidiaries, and other related companies, trusted affiliates, independent contractors and business partners, employees, and agents, Educational Institution administrators or other authorized personnel, medical and healthcare professionals, who will use the information for the purposes outlined in this Privacy Policy, for the safety and well-being of the student, where applicable and to the extent Company is in possession of such information, and for the specific purposes for which the information was collected. These companies or individuals are not permitted to use Your PII in any other way. We may also share information with third parties with which we have a commercial relationship, such as an affiliate marketing agreement.

To the extent required by law or to protect the Company or others. We may disclose PII at the request of law enforcement or governmental agencies or in response to subpoenas, court orders, or other legal process, to establish, protect, or exercise Company’s legal or other rights or to defend against a legal claim or as otherwise required or allowed by law. We may disclose PII in order to protect the rights, property, or safety of a student, or any other user or any other person. We may disclose PII to investigate or prevent a violation by a student or any other user of any contractual or other relationship with Company or the perpetration of any illegal or harmful activity.

In connection with any business acquisition, sale, bankruptcy, or merger, or in connection with investor relations. Company may disclose or transfer PII collected from users in connection with or in contemplation of a sale of its assets or business or a merger, consolidation, or other reorganization or liquidation of its business. Company may also disclose aggregate, anonymous data based on information collected from users to investors and potential partners. users may always refuse to supply PII, with the caveat that it may prevent them from engaging in certain Website-related activities or services.

5. Cookies and Other Tracking Technologies/Analytics

Company and its analytics and marketing providers use technologies such as cookies, beacons, tags, and scripts (collectively “cookies”), to analyze trends, administer the Website, track Your movements around the Website, and to gather demographic information about Our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

We use cookies for tracking page view/usage (log data), estimating audience size and usage patterns, services metadata, device information, location information, saving users’ preferences and settings information, advertising new content that relate to Your interests, keeping track of advertisements and search engine results, to enhance website performance and functionality, and for authentication. You can control the use of cookies at the individual browser level by adjusting your browser settings. Please see the links here for guidance on how to modify Your web browser’s settings on several popular browsers: Google Chrome, Apple Safari, Microsoft Edge, Internet Explorer, and Mozilla Firefox. You may choose to block all cookies (including essential cookies), if You wish, with the understanding that disabling cookies may limit Your Website functionality.

As is true of most websites, We gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream, and/or field input data. We may combine this automatically collected log information with other information we collect about You. We do this to improve Our Platform and to improve marketing, analytics, or Website functionality.

6. Your Choices Regarding Your Information

In addition to Your choices outlined above related to cookies, browser, and analytics preferences, You also have choices regarding the following:

Updating account information: If You have an account, You may be able to review the information You provided to Us to make any changes to Your information.

Deletion or Other Request under Applicable privacy laws: In general, to request deletion of Your information or for another request regarding Your information, please write to Us at info@heroesmade.com or by visiting the contact link on Our Website at https://heroesmade.com/new-contact-us/ OR https://www.thinked.tech/contact. We will respond to Your request within a reasonable timeframe, or otherwise in accordance with applicable law. We will retain Your information for as long as reasonably practicable or in accordance with relevant laws. We will retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and enforce Our agreements. Any questions regarding this subject matter can be emailed to info@heroesmade.com. For jurisdiction-specific information or related rights, please see the jurisdiction-specific sections below.

7. Data Retention

We store Student Data and the information collected as described in this Privacy Policy for as long as necessary to fulfill the purpose(s) for which the information was collected, specifically, to fulfill the educational purposes for which the data was collected, which may be one academic year, and to provide services, to resolve disputes, to pursue legitimate business purposes, to enforce Our agreements, to establish legal defenses, to prevent fraud, and to comply with applicable laws. These needs can vary based upon the data type and the context of the services, and thus the retention will vary as well.

8. Security of Information

Company discloses potentially personally-identifying and PII only to those of its employees, contractors, and affiliated organizations that (i) need to know that information in order to process transactions on Our behalf, and (ii) that have agreed not to disclose it to others. We take all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and PII. Further, We implement robust security measures to protect Student Data from unauthorized access, alteration, or disclosure. Our security practices include encryption, access controls, regular security assessments, and adherence to industry standards to ensure the highest level of data protection.

Information about each of You that is maintained on Our systems is protected using industry standard security measures. We follow generally accepted standards to protect the personal information submitted to Us, both during transmission and once it is received. If You have any questions about the security of Your personal information, You can contact Us at info@heroesmade.com. However, no security measures are perfect or impenetrable, and Company cannot guarantee that the information submitted to, maintained on, or transmitted from its systems will be completely secure. Company is not responsible for the circumvention of any privacy settings or security measures relating to the Website by any user or third parties.

Your security is a top priority, and We strive to provide a safe and secure environment for Our customers; however, please note that We cannot guarantee that the information submitted to, maintained on, or transmitted from Our systems will be completely secure.

9. Links to Third Party Sites

Please note that the Website may contain links to other external sites. These linked sites may not be operated or controlled by Us. Company is not responsible for the privacy practices of these or any other sites, and You access these sites entirely at Your own risk. Company recommends that You review the privacy practices of any other sites that You choose to visit. Your interaction with other websites is subject to their own rules and policies. Third parties may employ their own tracking methods, like cookies, to gather information.

10. Children’s Privacy

Family Educational Rights and Privacy Act (FERPA) Compliance

Our Platform is committed to complying with the Family Educational Rights and Privacy Act. We understand the importance of safeguarding Student Data and ensuring its privacy. Any PII collected from students, such as full names and class information, is securely managed and used solely for the purpose of placing them in the appropriate digital class and creating their personalized library of books.

Directory Information and FERPA Compliance

Our Platform operates in compliance with the FERPA, which is a federal law designed to protect the privacy of student education records. Under FERPA, certain information is classified as “directory information,” which includes non-sensitive data that may be disclosed without obtaining explicit consent, as long as the educational institution provides notice to parents or eligible students and allows them an opportunity to opt-out of such disclosures.

For Our platform, we collect limited directory information such as students’ full names and class information. This information is used solely for the purpose of creating a personalized digital learning environment for each student. The collected directory information allows Us to customize the student’s experience by placing them in the appropriate digital class and curating a personalized library of educational resources.

It’s important to note that while directory information can generally be disclosed without consent, we are committed to maintaining the privacy and security of all Student Data. We do not share directory information with any third parties, except as required to provide Our Platform or as permitted or required by applicable laws and regulations.

Parents or eligible students who have concerns about the disclosure of directory information on Our Platform can exercise their right to opt-out by contacting the Educational Institution directly. We respect and honor these choices, and any data subject to an opt-out will not be used for public disclosures by Our Platform.

By using Our Platform, Educational Institutions, parents, and eligible students acknowledge and agree to our practices related to the collection and use of directory information as outlined in this section.

Consent and Parental Responsibility

Our Platform is designed to be used by students within an educational context. It is the responsibility of the Educational Institution to obtain any necessary parental or guardian consent for students to use Our Platform. By using Our platform, Educational Institutions represent and warrant that they have obtained the necessary consents as required by applicable laws and regulations.

We do not collect personal information directly from students for the purpose of consent. Any information collected from students is done so with the understanding that proper consent has been obtained by the Educational Institution.

By providing access to Our Platform for students and Educational Institutions acknowledge their responsibility to comply with all applicable laws and regulations regarding obtaining proper consent for student usage.

COPPA Compliance

We adhere to the Children’s Online Privacy Protection Act (COPPA) regulations when collecting and handling personal information from children under the age of 13. We obtain verifiable parental consent through the Educational Institution before collecting any personal information from children. This consent ensures that parents are aware of the data We collect and how it will be used.

We are committed to upholding the principles outlined in COPPA, which is a federal law designed to protect the online privacy of children under the age of 13. Our platform strictly adheres to COPPA regulations when it comes to the collection and handling of personal information from children.

For students under the age of 13, verifiable parental consent is obtained through appropriate means, typically managed by the Educational Institution. This consent process ensures that parents or legal guardians are fully informed about the types of data collected and how that data will be used. The Educational Institution, as the entity responsible for obtaining parental consent, may employ various methods, such as contacting parents directly, providing clear instructions for granting consent, and offering the option to review or revoke the collected data.

We work closely with educational institutions to support their compliance with COPPA regulations and the proper collection of verifiable parental consent. Our Platform’s features and services are designed to align with these requirements and provide a safe and educational online environment for young users.

Parents or legal guardians who have questions or concerns about the data collected and the consent process are encouraged to reach out to the respective educational institution. By utilizing Our Platform, parents and legal guardians acknowledge and agree to Our practices in accordance with COPPA as outlined in this section.

Student Data Privacy

We take Student Data privacy seriously. The data we collect, such as full names and class information, is used exclusively for educational purposes, including placing students in the correct digital class and curating personalized book libraries. We maintain strict security measures to protect this data from unauthorized access, and We do not share Student Data with any third parties except as necessary to provide Our Platform.

11. Privacy Rights Under Certain U.S. State & Non-U.S. Laws

Nevada Residents: Nevada Revised Statute Section 603A permits a user that resides in Nevada the right to submit a verified request that Company not sell such user’s covered information. Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined under Nevada Revised Statute Section 603A. However, if You are a Nevada resident, You may still submit a verified request to opt out of sales and We will record Your instructions and incorporate them in the future if Our policy changes. We will verify Your request using information associated with Your account, including email address, and may need to request additional information.

California, Colorado, Connecticut, Virginia, and Utah, Residents: Subject to certain limitations, the California Consumer Privacy Act (“CCPA”) and the California Privacy Reform Act (“CPRA”) provides California consumers and employees the right to: request disclosure about what personal information We collect, use, disclose, and sell; request to delete, access, or modify their personal information; opt out of any “sale” of personal information; and not be discriminated against for exercising such rights. In addition, the Virginia Consumer Data Protection Act (“CDPA”) provides Virginia consumers the right to request disclosure about what information We collect, use, disclose, and sell; request to delete, access, or modify their personal information; opt out of any “sale” of personal information; not be discriminated against for exercising such rights; and an ability to appeal the denial of any such request. The Colorado Privacy Act (“CPA”) and the Connecticut Personal Data Privacy and Online Monitoring Act (“CTDPA”) provides Colorado and Connecticut consumers, respectively, the right to request disclosure about what information We collect, use, disclose, and sell; request to delete, access, or modify their personal information; opt out of any “sale” of personal information; and not be discriminated against for exercising any such rights. In addition, the Utah Consumer Privacy Act (“UCPA”) provides Utah consumers an opt-out model, which means that personal data can be collected, sold, or used for targeted advertising without requiring consumers’ consent, unless the consumer chooses to opt-out, and unless the data belongs to a child, where consent must come from a parent or legal guardian. Persons under the applicable regulations above may make a request pursuant to their rights under the CCPA, CPRA, CPA, CTDPA, CDPA, and/or UCPA by emailing info@heroesmade.com.

We will verify Your request using information provided to Us in your requests, as compared against information associated with Your account, if any, or previously provided information at the time of registration, including verification of the email address that was listed in the request. We may need to request additional information in order to verify Your identity. Depending upon the type of request You make, We may require a signed declaration under penalty of perjury stating that You are the individual whose personal information is being requested. If You use an authorized agent to submit a request, We may require that the authorized agent provide proof of Your written permission, and that You verify Your identity directly with Us.

Notice to Individuals in the European Economic Area, the United Kingdom, Switzerland, and Brazil:

This section is applicable to individuals using or accessing Our Platform while located in the European Economic Area, the United Kingdom, Switzerland (collectively, the “European Countries”), or Brazil at the time of data collection. This notice is in accordance with the General Data Protection Regulation (“GDPR”) of the European Union, the UK General Data Protection Regulation (“UK GDPR”), the General Personal Data Protection Act (“LGPD”) of Brazil, and other relevant data protection regulations in these regions.

We may request You to identify Your current location or may use Your IP address to determine your location. In case of any discrepancies between the terms of this section and other terms in this Privacy Policy, the terms of this section shall apply to individuals in a European Country or Brazil.

Legal Bases for Processing Your Personal Information

Section & Purpose of Processing

Legal Bases for Processing

Section 3(2) To Maintain Legal and Regulatory Compliance.

Based on Our legal obligations.

Section 3(4) To Detect and Prevent Fraud and Security Risks.

Based on Our legitimate interest in ensuring the security of Our Platform and users.

Section 4(1) As required by Law

Based on Our legal obligations.

Section 3(1) To Provide Company’s Platform.

Based on Our contract with You or to take steps at Your request prior to entering a contract.

Section 3(3) To Enforce Compliance with Our Terms, Agreements, and Policies.

Based on Our legitimate interest to ensure compliance with Our terms and policies.

Section 3(5) To Respond to Requests.

Based on Our legitimate interest to provide effective customer support.

Section 3(6) To Provide Communications.

Based on Our legitimate interest to keep you informed about Our services.

Section 4(2) Within Our Corporate Organization.

Based on Our legitimate interest in managing Our corporate structure and operations.

Section 4(3) With Our Service Providers.

Based on Our legitimate interest to engage service providers for efficient service delivery.

Section 4(5) With Our Business Partners.

Based on Our legitimate interest to maintain business relationships and fulfill contractual obligations.

Section 3(8) To Research and Develop Our Platform.

Based on Our legitimate interest to improve and innovate Our Platform.

Section 3(9) To Personalize Your Experience.

Based on Our legitimate interest to provide personalized experiences.

Section 3(10) To Facilitate Corporate Acquisitions, Mergers, and Transactions.

Based on Our legitimate interest in managing corporate changes.

Section 4(6) During Business Transaction or Other Asset Transfers.

Based on Our legitimate interest in managing corporate changes.

Section 3(7) To Provide Marketing Communication.

Based on Your consent.

Section 3(11) With Your Consent.

Based on Based on Your consent.

Individual Rights

We respect Your individual rights under the GDPR, UK GDPR, LGPD, and other applicable data protection regulations. If You are a resident of a European Country or Brazil, You may exercise the following rights:

Right to Access: You have the right to obtain a copy of Your personal data that We hold, along with information about how it is processed.
Right to Rectification: You may request correction of inaccurate personal data We hold about You.
Right to Erasure: Under certain circumstances, You may request the deletion of Your personal data.
Right to Restriction: You have the right to request restriction of processing under certain conditions.
Right to Object to Processing: You may object to certain types of processing, such as processing based on legitimate interests.
Right to Data Portability: You may request the transfer of Your data to another data controller in a machine-readable format.
Right to Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority.
Automated Decision-Making: We do not use automated decision-making processes that significantly affect You.

To exercise these rights, please contact Your Educational Institution’s administration or the designated contact person, as they are responsible for the data handling process on Your behalf.

Company is committed to protecting Your rights and privacy in accordance with the relevant data protection laws and this Privacy Policy. If You have any inquiries regarding Your rights or Our data processing practices, please contact Us at info@heroesmade.com.

This section outlines the legal bases for processing personal information and the individual rights of users in the specified regions, aligning with GDPR, UK GDPR, and LGPD requirements. Always ensure that the content is accurately tailored to Your practices and consult with legal experts if necessary.

12. Changes to this Privacy Policy

We may update this Privacy Policy to reflect changes to Our information practices. If We make any material changes, then We may notify You by the email or phone number You previously provided, or by means of a notice on Our Website prior to the change becoming effective. Please review this Privacy Policy periodically. Your continued use of the Website after any such change(s) signifies Your acceptance of any changes.

13.Binding Arbitration

You and the Company agree that any dispute, claim or controversy arising out of or relating to this Privacy Policy (“Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, You will also have the right to litigate any other Dispute if You provide the Company with written notice of Your desire to do so by email at info@heroesmade.com within thirty (30) days following the date You first accept these Terms (such notice, an “Arbitration Opt-out Notice”) and the Company agrees. If You do not provide the Company with an Arbitration Opt-out Notice within the thirty (30) day period, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if You timely provide the Company with an Arbitration Opt-out Notice, will be the state and federal courts located in the state of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless You timely provide the Company with an Arbitration Opt-out Notice, You acknowledge and agree that You and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. Except as provided in the preceding sentence, this “Binding Arbitration” section will survive any termination of these Terms. You agree that any claim You may have arising out of, or related to Your use of Our Website or Platform must be filed within one (1) year after such claim arose; otherwise, Your claim is permanently barred.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Binding Arbitration” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless You and the Company otherwise agree, the arbitration will be conducted in New York County. If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that You and the Company submit to the arbitrator, unless You request a hearing, or the arbitrator determines that a hearing is necessary. If Your claim exceeds $10,000, Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with any “Limitation of Liability” sections outlined in the Company’s Terms of Use or other agreements, as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Company will be entitled to recover attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

14. Contacting Company

If you have any questions or comments about this Privacy Policy, you may contact Us at the following address. We are dedicated to addressing any inquiries you may have regarding the privacy and security of Student Data.

Heroes Made, LTD. by ThinkEd Corporation

6139 Leesburg Pike

Falls Church, Virginia, 22041-2134

USA Tel: 302-520-2338

EU Tel: 357-99-712285

info@heroesmade.com

with a copy to:

KI Legal

Attn: Michael Iakovou, Esq.

40 Wall Street, 49th Floor

New York, New York 10005

(212) 404-8644

michael@kilegal.com

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If You wish to access this Privacy Policy in an alternative format, please contact Us as described above.