Privacy Policy

Privacy Policy

Last updated on April 5, 2024.

This Privacy Policy (the “Privacy Policy”) governs the manner in which you, tutor (each a “Tutor”, collectively, the “Tutors”), student (each a “Student”, collectively, the “Students”), or any member of the public (“User”), (collectively, “You”, “Your”, “Yourself”, “User”) and Your Voice, LTD., an Ohio limited liability company, d/b/a, Tutoring By A College Professor (collectively, the “Company”, “We”, “Our”, “Us”) collects, uses, maintains, and discloses information collected from, without limitation, Student, Tutor, parent-guardian, or other Users of its website at https://tutoringprof.com/, (the “Website”) and any other mobile or other applications, and technology platforms, and any derivative or affiliated websites on which this Privacy Policy is posted, linked, or referenced (collectively, the “Platform”). The Platform is owned and operated by Company. This Privacy Policy covers Company’s practices regarding information collected from, through, and by its Platform. Please read this Privacy Policy carefully to understand how We handle your information. By using the Platform, You agree to the terms of this Privacy Policy. You should not use the Platform if You don’t agree with this Privacy Policy or any other agreement that governs Your use of the Platform.

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.

This Privacy Policy describes the following categories of information:

The Information We Collect and Receive
How We Use Information
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 Laws
Changes to this Privacy Policy
Binding Dispute Resolution
Contacting Company

The Information We Collect and Receive

The categories of information that are collected will depend upon the nature of Your interaction(s) with Company and the Platform. Below are examples to help You better understand the data We collect.

For Students or Parents/Guardians

Information You provide to Us. We collect a variety of information that You may provide directly to Us in connection with Your use of the Platform and the registration process. While parts of the Platform may not require You to provide any information that can directly identify You (such as if You choose to simply browse the Platform), the specific types of information we collect will depend upon how You use the Platform and the information You choose to provide. The types of data we collect directly from You may include:

(a) Contact information. When You sign up through the Platform, we may collect Your name, date of birth, gender, email address, physical address, school or institution which You attend, grade level, and phone number.

(b) Payment information. We may collect your billing or other financial information in order to process the fees for Your transaction(s) related to the tutoring services (the “Tutoring Services”). Please note that for security, We do not store sensitive cardholder data on our Platform, such as full credit or debit card numbers, card authentication data, or sensitive bank account information.

(c)Personal, professional, and education-related information. We may collect information relating to the areas in which You require academic support, any accommodations You may receive in school, information pertaining to any disabilities, Your extracurricular activities or hobbies, the methods of learning that work best for You, etc.

(d) Information about third parties that You provide to us. A User may also provide personally identifiable information about others, such as emergency contact information, or information about a parent or guardian. If You submit any personal information to us about another individual, then You are responsible for making sure that You have the authority to do so and to allow Us to use their personal information in accordance with this Privacy Policy.

(e) 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 Platform that may contain personally identifiable information. 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 Platform 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. This subsection applies to Tutors.

For Tutors

(a) Contact information. When You sign up through the Platform, we collect your name, email address, permanent address, and phone number. When you create an account through the Platform, we may also collect your username, password, and government issued identification.

(b) Payment information. We (or Our business partner(s) who process payment transactions for us) may collect bank account or other financial information in order to facilitate payments to You for services rendered in conjunction with Your signed independent contractor agreement(s). Please note that for security, We do not store sensitive cardholder data, such as full credit or debit card numbers, card authentication data, or sensitive bank account information on our Platform.

(c) Personal, professional, and education-related information. We may collect additional personal information regarding Your respective skills and experience, as well as a social security number or taxpayer identification number for tax purposes and government-issued identification, as necessary to facilitate payment and to comply with legal obligations. We may also collect information regarding Your education, work experience, skills, city or area, likes or interests, photo, etc. We may also receive criminal history information from the background check process, which is administered by external third-party vendor(s) that specialize in criminal background checks. Please note that for security, We do not collect or store background check information on our Platform. You may also share personal, professional, and education-related information in connection hereto.

(d) Information You submit or otherwise provide or authorize Us to collect, which may include voice and likeness information. We may collect likeness information You post on Your account, such as profile photos. We also collect any other information You may provide to Us or authorize Us to collect, including any other identifier that permits the ability to contact You. If you communicate with Us by e-mail, telephone or cell phone calls or texts, communicate through electronic devices or other interactive devices, complete online forms or surveys, or communicate with Us by any means, any information provided in such communication may be collected by Us.

For Students, Tutors, and Public Browsers

(a) Passively-collected information. We may collect certain information as You visit or interact with Our Platform, such as the following:

(i) Internet and electronic network activity information, such as device and usage information. We may collect information about Your browser type, language preference, referring site, subsequent site, and date/time of each visitor request. The purpose in collecting non-personally identifiable information is to better understand how Users use the Platform. 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 Platform, unique views, originating sites, etc., including through the use of tracking technologies (see section pertaining to Tracking Technologies for more information). A User browsing the Platform without registering an account or affirmatively providing personally identifiable information to Tutoring By A College Professor may do so anonymously.
(ii) Analytics information. We may use certain third-party services to assist us in analysis, regulatory compliance, auditing, research, and reporting regarding the Platform. 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.
(iii) 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

Tutoring By A College Professor may use personally identifiable information collected through the Platform for the following reasons:

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

• to fulfill a contractual obligation;

• to contact Users regarding Tutoring By A College Professor’s services;

• to communicate to Users, including regarding products and services offered through Tutoring By A College Professor;

• to maintain and improve its services and Platform;

• to provide support;

• to enhance Users’ experiences with the Tutoring By A College Professor Platform;

• 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. Information Sharing

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

With our service providers and third-party vendors. We contract with select third party vendors to 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 Tutoring By A College Professor. Tutoring By A College Professor may disclose personally identifiable information collected from Users to any parent, subsidiaries, and other related companies, trusted affiliates, independent contractors and business partners, employees, and agents, who will use the information for the purposes outlined in this Privacy Policy, as necessary to provide the services offered by Tutoring By A College Professor, and for the specific purposes for which the information was collected. These companies or individuals are not permitted to use Your personally identifiable information 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.

With a Tutor related to a Student. In conducting the matching process between a Student and a Tutor, we may share a Student’s information with the Tutor who may provide or will be providing tutoring or instruction to the Student so that the Tutor may evaluate the engagement and personalize and tailor the tutoring/instruction to the Student. In each case, We collect such information only insofar as is necessary or appropriate to fulfill the purpose of the Student’s interaction with Tutoring By A College Professor.

To the extent required by law or to protect the Company or others. Tutoring By A College Professor may disclose personally identifiable information 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 Tutoring By A College Professor’s legal or other rights or to defend against a legal claim or as otherwise required or allowed by law. Tutoring By A College Professor may disclose personally identifiable information in order to protect the rights, property, or safety of a Student, Tutor, parent-guardian, or any other User or any other person. Tutoring By A College Professor may disclose personally identifiable information to investigate or prevent a violation by a Student, Tutor, parent-guardian, or any other User of any contractual or other relationship with Tutoring By A College Professor 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. Tutoring By A College Professor may disclose or transfer personally identifiable information 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. Tutoring By A College Professor may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Users may always refuse to supply personally identifying information, with the caveat that it may prevent them from engaging in certain Platform-related activities or services.

4. Cookies and Other Tracking Technologies/Analytics

Tutoring By A College Professor and its analytics and marketing providers use technologies such as cookies, beacons, tags, and scripts (collectively “cookies”), to analyze trends, administer the Platform, track Your movements around the Platform, 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, 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, which may affect Your ability to access or use part or all of the Platform.

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 services and to improve marketing, analytics, or Platform functionality.

5. 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 Tutor 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. For information regarding obligations to keep Your information current, please refer to Your Independent Contractor Agreement.

Email/Telephone/Text communications: You hereby acknowledge that this subsection does not include withdrawal of consent to communications from Company or Company personnel to match You with a Tutor, (if You are a Student or parent-guardian), or Student, (if You are a Tutor). Such communication is a necessary prerequisite to the services We offer. However, Student, Tutor, parent-guardian, or any other User may withdraw their consent to communications by notifying Company of such withdrawal (per the opt-out instructions below) and repeating notification of such revocation if Company subsequently attempts further communication, but that, until such consent is revoked and, if applicable, repeated, You may receive communications from Company at Your phone number or email address that You provide.

You may withdraw Your consent to receive communications by writing to Company at: Your Voice, LTD., at: for Letters: PO Box 1117, Long Beach, New York 11561 and for FedEx and UPS: 101 E Park Avenue, Ste. #1117, Long Beach, New York 11561. For further information regarding Your choices relating to communications from Us, please visit Our Terms of Use.

Cookies and Internet-based Advertising: You may stop, restrict, or remove the placement of cookies on Your device by adjusting Your preferences as Your browser or device permits. The online advertising industry also provides websites from which You may opt out of receiving targeted ads from data partners and other advertising partners.

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 leslie@tutoringprof.com. 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 leslie@tutoringprof.com. For jurisdiction-specific information or related rights, please see the jurisdiction-specific sections below.

6. Data Retention

We store the information collected as described in this Privacy Policy for as long as You are a User of the Platform and/or as necessary to fulfill the purpose(s) for which the information was collected, 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.

7. Security of Information

Tutoring By A College Professor discloses potentially personally-identifying and personally-identifiable information only to its employees, contractors, and affiliated organizations that (i) need to know that information in order to process transactions on Our behalf or to provide Tutoring Services, 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 personally-identifiable information.

Information about each of You that is maintained on Tutoring By A College Professor’s 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 leslie@tutoringprof.com. However, no security measures are perfect or impenetrable, and Tutoring By A College Professor cannot guarantee that the information submitted to, maintained on, or transmitted from its systems will be completely secure. Tutoring By A College Professor is not responsible for the circumvention of any privacy settings or security measures relating to the Platform by any User or third parties.

Your security is a 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.

8. Links to Third Party Sites

Please note that the Platform may contain links to other sites. These linked sites may not be operated or controlled by Tutoring By A College Professor. Tutoring By A College Professor is not responsible for the privacy practices of these or any other sites, and You access these sites entirely at Your own risk. Tutoring By A College Professor recommends that You review the privacy practices of any other sites that You choose to visit. You hereby agree to release Company from any and all errors, omissions, and liability associated with links to third party sites.

9. 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 (“FERPA”). We understand the importance of safeguarding Student information 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 matching them with Tutors.

Tutoring By A College Professor products are specifically designed to function without third party access to a child’s personal information. Our Platform does not collect or retain any personal information from children except as needed to facilitate tutoring for that Student, who may be a minor. Tutoring By A College Professor is committed to complying fully with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). This Platform assures the privacy of collected information in accordance with Tutoring By A College Professor’s Privacy Policy.

Tutoring By A College Professor is committed to safeguarding the information each of You entrusts to Tutoring By A College Professor and believes that You should know how it utilizes the information collected from You. Other than free information and materials that do not require any registrations or identifying information, the Platform is not directed at children under 13 years of age, and Tutoring By A College Professor does not knowingly collect personally identifiable information from children under 13 years of age online. For purposes of using the Platform as an intermediary source to connect with Tutors, parent-guardians may supply information such as name or age of their children in order for Tutoring By A College Professor to facilitate the connection between Student and Tutor. Tutoring By A College Professor may store this information in a secure digital format. Parents or guardians of children under 13 years of age may review or have deleted any personal information previously provided by the child, parent, or guardian that is ultimately collected by Tutoring By A College Professor, if any, to connect the child with a Tutor. If You seek to review or delete such information, contact Tutoring By A College Professor at leslie@tutoringprof.com indicating what You would like to have done and Tutoring By A College Professor will contact You for purposes of taking the requested action, including but not limited to refusing to permit the information’s further collection or use.

10. Privacy Rights Under Certain U.S. State Laws

Nevada Residents: Nevada Revised Statute Section 603A gives a User that resides in Nevada the right to submit a verified request that Tutoring By A College Professor 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 in writing by emailing leslie@tutoringprof.com 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, and Virginia 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. Persons under the applicable regulations above may make a request pursuant to their rights under the CCPA, CPRA, CPA, CTDPA, the CDPA, and/or any other state by emailing leslie@tutoringprof.com.

We will verify Your request using information provided to Us in your requests, as compared against information associated with Your account, 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.

11. 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 email or phone number You previously provided, or by means of a notice on this Platform prior to the change becoming effective. Please review this Privacy Policy periodically. Your continued use of the Platform after any such change(s) signifies Your acceptance of any changes.

12. 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 leslie@tutoringprof.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 Platform or services 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.

13. Contacting Company

If you have any questions or comments about this Privacy Policy, you may contact Tutoring By A College Professor via any of the following methods:

Mail:

For Letters:
Your Voice, LTD.
PO Box 1117
Long Beach, New York 11561

For FedEx and UPS:
Your Voice, LTD.
101 E Park Avenue, Ste. #1117
Long Beach, New York 11561

Phone: 614-264-1110
Email: leslie@tutoringprof.com

with a copy to:

Mail: KI Legal
Attn: Michael Iakovou, Esq.
40 Wall Street, 49th Floor
New York, New York 10005
Phone: (212) 404-8644
Email: 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.