Effective July 1st, 2020

This document sets out the terms for use of the Lions Gate Training Academy platform. It governs both our Course & Content Creators (“Creators”) and our end users (“Students”). When we refer to “You”, we mean both our Creators and Students or just our Creators or our Students (don’t worry, we’ll make it clear who we’re talking to, but when in doubt, we’re talking to you). Lions Gate Training Academy is committed to transparency, which includes providing a Terms of Use that is understandable and written in plain language. Because this document represents our agreement with you about your use of our platform, please take the time to read this document.

Our Terms of Use (“Terms” or “Agreement”) also includes our Privacy Policy, Cookies Policy, Data Processing Agreement, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Lions Gate Training Academy platform, whether you are a visitor, guest, Creator, Student, etc.

Lions Gate Training Academy’s Platform can be found at https://OnlineSecurityTraining.com, and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed, operated, etc. by Lions Gate Training Academy. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.

Lions Gate Training Academy, LLC. ("Lions Gate Training Academy") provides an open online content creation platform designed to allow Creators to build, design, publish, and sell courses and services (“Content”) to their Students. Lions Gate Training Academy offers this Content creation platform along with a number of additional services and tools (e.g. payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “Lions Gate Training Academy Services”.

By using our Platform in any manner you are expressly agreeing to, and give your consent to be governed by, these Terms. If you do not agree with these Terms or you do not wish to be bound by these Terms, you must not use or access Lions Gate Training Academy’s Platform in any manner.

Lions Gate Training Academy is neither a content provider nor an educational institution. Creators and Students are not employees of Lions Gate Training Academy. Lions Gate Training Academy is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their Content available and, at each Creator’s election, for processing payments through Lions Gate Training Academy’s payment gateway(s). Lions Gate Training Academy is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Creator or Creator Content at any time.

As stated in our Privacy Policy, Lions Gate Training Academy only provides Creators with limited information about the Students enrolled in their Content, including name, email address, IP address, and the Content in which the Student has enrolled. This information is only available to the Creator upon the purchase or enrollment of a Student in the Creator’s Content. Lions Gate Training Academy does not provide, sell, rent, release, disclose, etc. Student data to Creators for monetary or other valuable consideration.

Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.

A. You must be at least 18 years old to use the Platform, or, if you are between the ages of 13 and 18, you must have your parent or guardian’s permission to use the Platform. By using our Platform, you are telling us by your actions that you have obtained that permission (you are ‘representing’ and ‘warranting’ that you have obtained the appropriate permissions to use our Platform). If you are under the age of 13 you may not use our Platform in any manner nor may you register for an account.

A. Lions Gate Training Academy grants You a limited, non-exclusive license to access and use Lions Gate Training Academy’s Platform for your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without Lions Gate Training Academy’s express written consent. Except as expressly permitted by Lions Gate Training Academy in writing, you will not try to reproduce Lions Gate Training Academy’s Platform (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by Lions Gate Training Academy are reserved.

A. We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform.

1. No Illegal Activity: This is about as simple as it gets. Do not use the Lions Gate Training Academy Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)

2. No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity

3. No Bad Code: Do not use the Lions Gate Training Academy Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner

4. No Spamming: Seriously. No one likes spam. We don’t like spam. We’re pretty sure that you don’t like your inbox cluttered with spam. You may not use the Lions Gate Training Academy Platform to engage in any activities that will result in sending spam to anyone on the Lions Gate Training Academy Platform, including Lions Gate Training Academy (and its employees), Creators, and Students

5. Be Civil: We mean this. We’re an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the Lions Gate Training Academy Platform we are going to be civil and respectful at all times

6. No Exploitation: You will not use the Lions Gate Training Academy Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering your Content

7. No Impersonation of Lions Gate Training Academy or its Employees: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of Lions Gate Training Academy. You will not impersonate Lions Gate Training Academy or any of its employees

8. No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and

9. No Use Other Than Intended: You may not use the Platform or any content contained on the Platform for any purposes other than intended.

B. If You violate this Code of Conduct we reserve the right to remove You and any of Your Content from the Lions Gate Training Academy Platform. Whether conduct violates our Code of Conduct will be determined in Lions Gate Training Academy’s sole discretion.

A. While we’re on the subject of ground rules, we should also discuss what content is prohibited on the Lions Gate Training Academy Platform. For a number of reasons, there are certain subject matter types that we simply will not allow to be published in Your Content on Lions Gate Training Academy.

1. Lions Gate Training Academy reserves the right to remove You and Your Content should Your Content contain material (determined, in our sole discretion) that is libelous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party’s intellectual property or any other part of this Agreement

A. Lions Gate Training Academy may provide the opportunity for Creators to sell offerings (“Coaching”) to Students in addition to the courses that the Creator sells on the Platform (together Coaching and courses are referred to as Content). All Coaching shall be covered by this Agreement and are included in the definition of Content. Should the Coaching involve any third party content, You agree that Lions Gate Training Academy is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The delivery of the Coaching is the sole responsibility of the Creator.

In operating our Platform, it’s important for us to make it clear who owns what and who’s responsible for what. You are trusting us with your content and consistent with Lions Gate Training Academy’s genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the Lions Gate Training Academy community.

A. Lions Gate Training Academy Content: Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Lions Gate Training Academy Content", and is and remains the sole property of Lions Gate Training Academy. Lions Gate Training Academy Content, including our trademarks, may not be modified by You in any way

B. Your Content: Content that You upload to the Platform is and remains Your content. Lions Gate Training Academy does not claim any intellectual property rights over the materials You upload to the Lions Gate Training Academy Platform by virtue of Your use of our services. By uploading your content to the Lions Gate Training Academy Platform, You agree that:

1. Lions Gate Training Academy may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Lions Gate Training Academy has no obligation to review anything that You upload

2. You are uploading Your content to the Lions Gate Training Academy Platform at Your direction and that Lions Gate Training Academy does not in anyway certify or provide approval or permission prior to You uploading Your content

3. Lions Gate Training Academy may display Your content to other users (e.g. Your Students) via the Lions Gate Training Academy Platform

4. You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content

5. You agree to provide Lions Gate Training Academy with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the Lions Gate Training Academy Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers)

6. You are responsible for and own, or have the rights to use, all of Your Content.

1. You agree that Your Content does not infringe upon anyone else’s intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.

a) In plain language, this means that if you’re using someone else’s work (including videos, text, charts, powerpoints, etc.) in your Content, you’ve gotten the content owner’s permission to use it. You wouldn’t want anyone selling any of Your Content without Your permission. If You are going to use something that You didn’t create, make sure You can demonstrate that You have the right to use it before You make it a part of Your Content.

1. Creators are responsible for protecting all personal information they provide to, or receive from, Lions Gate Training Academy in connection with the use of Lions Gate Training Academy Services. Lions Gate Training Academy’s Data Processing Agreement (“DPA”) forms part of this Agreement and sets out Lions Gate Training Academy’s and Creator’s obligations with respect to the processing of personal information. Creators agree to abide by the DPA when and to the extent Data Protection Laws apply to a Creator’s use of Lions Gate Training Academy Services to process Student Data or Creator Data (as these terms are defined in the DPA).

A. Lions Gate Training Academy reserves the following rights over the entire Lions Gate Training Academy Platform:

1. Lions Gate Training Academy may modify, terminate, or refuse to provide Lions Gate Training Academy Services at any time for any reason, without notice

2. Lions Gate Training Academy may remove anyone from the Lions Gate Training Academy Platform at any time for any reason, solely in Lions Gate Training Academy’s discretion. This right is not modified by any other section of this Agreement

3. Lions Gate Training Academy may, but has no obligation to, monitor any content that appears on the Lions Gate Training Academy Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and Lions Gate Training Academy employees

4. Lions Gate Training Academy reserves the right to modify, suspend, or alter its refund policy, at its sole discretion

5. If You close Your account or terminate Your school, Lions Gate Training Academy may keep a copy of Your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law

6. Lions Gate Training Academy reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement.

7. Lions Gate Training Academy has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time.

A. Lions Gate Training Academy takes a firm stance against anyone who is infringing upon anyone else’s intellectual property. This Platform is all about You transforming Your knowledge into Content. We draw a hard line when the Lions Gate Training Academy Platform is used to exploit someone else’s intellectual property.

B. Under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), Lions Gate Training Academy has set out the following policy:

1. If Lions Gate Training Academy has a good faith belief that any content (including Creator Content) appearing on its Platform violates any copyrights or has been illegally copyrighted, Lions Gate Training Academy reserves the right to remove, block, or otherwise ‘take down’ the content. Lions Gate Training Academy also reserves the right to remove from the Platform any Creators, Students, or other parties, who are repeat offenders of the Lions Gate Training Academy DMCA policy

2. Reporting of Copyright Infringement Under DMCA

a) If you believe that content appearing on the Lions Gate Training Academy Platform violates your intellectual property, you should send a notice to Lions Gate Training Academy (either physical mail or email is ok) at the following address:

Attention: Designated Agent/Legal Department

PO Box 1884

Orem, UT 84059

Email: dmca@LionsGateTrainingAcademy.com

If you send Lions Gate Training Academy a notice regarding any claimed infringements, your notice must contain the following information:

(1) A physical or electronic signature from the owner or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed

(2) Identification of the copyrighted work claimed to have been infringed

(3) Identification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow Lions Gate Training Academy to find and review this material on the Lions Gate Training Academy Platform

(4) Your contact information, including your address, telephone number, and email address, so that we may be able to contact you

(5) A statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the copyright owner, its agent, or the law

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

If any content (including Creator Content) is removed due to the receipt of a DMCA notice, you may send Lions Gate Training Academy what is known as a Counter Notice if you believe that your content was wrongly removed. Your Counter Notice must contain:

(1) A physical or electronic signature

(2) Identification of what was removed and the location where the material appeared before it was removed

(3) A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification

(4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district of Utah and that you will accept service of process from the person who provided notification

d) Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing

e) Repeat Infringements:

(1) As we stated above, Lions Gate Training Academy really doesn’t look favorably on anyone who is using someone else’s intellectual property without permission. Should Lions Gate Training Academy receive two or more DMCA complaints regarding any Creator, Lions Gate Training Academy may simply remove that Creator from the Lions Gate Training Academy Platform without further warning. Note: as we state in our Lions Gate Training Academy Rights section, we still reserve the right to remove any school at any time for any reason. This Repeat Infringement section does not change that right in any way.

1. The DMCA (again, the Digital Millennium Copyright Act), only covers copyrights. For claims of trademark infringement, Lions Gate Training Academy requests that any notices sent to Lions Gate Training Academy’s Designated Agent contain:

a) Information describing your trademark or service mark

b) The registration number, if applicable

c) Basis for your trademark claim

d) Jurisdiction in which you claim trademark rights, and

e) Class of goods or services and accompanying description for which you assert trademark rights

B. Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing.

A. By using Lions Gate Training Academy’s Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). Lions Gate Training Academy is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Lions Gate Training Academy assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

A. Through the Lions Gate Training Academy Platform, You will have the ability to access content, links to websites, and services provided by Creators, Students, and other third parties (“Third Party Offerings”). Your use of any Third Party Offerings provided on this Platform or a third party website is at your own risk. Lions Gate Training Academy does not monitor or have any control over, and makes no claim or representation regarding Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.

A. Gateway Options: Lions Gate Training Academy operates two different types of payment options for Creators who use our Platform: Lions Gate Training Academy Gateways and Custom Gateways. Your use of either type of gateway is covered by the terms of this section.

B. Lions Gate Training Academy Native Gateways

1. For the avoidance of doubt, the term Lions Gate Training Academy Native Gateways is a reference to both Lions Gate Training Academy Payments and the Monthly Payments Gateway

2. Lions Gate Training Academy Payments: The Lions Gate Training Academy Payments gateway allows Creators to process credit or debit card transactions and facilitates faster payout processes. Lions Gate Training Academy Payments is available to some Creators, based on location. For a list of eligible locations, please see the Lions Gate Training Academy website.

a) Creators have the option to set up Lions Gate Training Academy Payments from their school’s Admin page. By setting up Lions Gate Training Academy Payments, You agree to the terms that appear in this Agreement and/or on the Lions Gate Training Academy Platform regarding the Lions Gate Training Academy Payments Gateway

b) Third Party Agreement: In setting up Lions Gate Training Academy Payments, You may be instructed to agree to terms of service offered by Stripe. Stripe is an independent party from Lions Gate Training Academy and Lions Gate Training Academy is not responsible for the contents of their terms of service. Should Stripe’s terms of service differ from Lions Gate Training Academy’s terms, such differences shall not modify this Agreement in any manner

c) By using Lions Gate Training Academy Payments You agree that Lions Gate Training Academy may place a portion of Your school sales in reserve for a period of time to cover losses, chargebacks, refunds, etc. The current reserve period and amount are located on our Knowledge Base page regarding Lions Gate Training Academy Payments. The amount of reserves and the length of time in which they are held are subject to change at Lions Gate Training Academy’s sole discretion. Should the reserve period or the amount withheld change, Lions Gate Training Academy will make reasonable efforts to update the Knowledge Base page to communicate these changes

d) Fees for Lions Gate Training Academy Payments may be found on the Lions Gate Training Academy Knowledge Base page. All Lions Gate Training Academy Payment gateway fees will be deducted before the funds are sent to the Creator. The fees associated with Lions Gate Training Academy Payments are subject to change, in Lions Gate Training Academy’s sole discretion. By using Lions Gate Training Academy Payments, You agree to the fees as set by Lions Gate Training Academy

a) Lions Gate Training Academy Creators may also have an opportunity to utilize the Monthly Payments Gateway (MPG) to facilitate credit card or debit card transactions or to utilize PayPal as a payment option. MPG is offered wherever PayPal accounts are available and the availability of MPG is subject to any limitations by PayPal. Lions Gate Training Academy Payments users will only be able to utilize MPG for PayPal transactions and will not be able to utilize MPG for credit card processing.

b) Third Party Agreement: In setting up MPG, You may need to agree to terms of service offered by Stripe or PayPal. Stripe and PayPal are independent parties from Lions Gate Training Academy and Lions Gate Training Academy is not responsible for the contents of their terms of service. Should their terms of service differ from Lions Gate Training Academy’s terms, such differences shall not modify this Agreement in any manner.

c) Funds paid out to Creators via MPG are paid on the first of the month (or first available business day) no earlier than thirty (30) days after the end of the month in which a sale was made. This hold period is to account for any potential losses, chargebacks, refunds, etc. For the avoidance of doubt, this hold may result in funds being paid out more than thirty (30) days after the sale to a Student. The current hold period can be located on our Knowledge Base page regarding MPG. The length of time in which MPG funds are held before payout is subject to change at Lions Gate Training Academy’s sole discretion. Should the hold period change, Lions Gate Training Academy will make reasonable efforts to communicate these changes via the Knowledge Base page.

a) Creators on the Professional, Business, and Enterprise plans may choose to set up a Custom Payment Gateway (CPG) to process Student transactions. These transactions, which are made through a third-party payment gateway, are outside of the scope of your relationship with Lions Gate Training Academy. You agree that Your CPG service is not a part of the Lions Gate Training Academy Services.

b) Payouts are distributed according to the third-party payment service’s policies and procedures, and are not subject to Lions Gate Training Academy’s 30-day refund policy or payment hold.

c) Transactions made through CPG are not subject to Lions Gate Training Academy’s transaction fees.

d) You acknowledge that Lions Gate Training Academy does not control any payment processing fees that may be assessed through CPG. Additionally, while Lions Gate Training Academy may record the amounts that you owe to authors and affiliates in the transaction report, Lions Gate Training Academy does not have the access or ability to make deductions from transaction fees processed through third-party payment gateways to pay your authors or affiliates. Creators are responsible for making payments to authors and affiliates on their own.

e) By using CPG, Lions Gate Training Academy does not have any responsibility to pay, remit, or otherwise send to any relevant tax authorities, taxes owed, including sales taxes, on Content you sell through CPG processing.

a) Creators may be charged a fee for any chargeback on credit card, debit card, or PayPal transaction that is processed through the Lions Gate Training Academy Native Gateways. This fee is deducted from Your school’s payout but is returned to You if You win the dispute. Current fees may be found on the Lions Gate Training Academy Knowledge Base. Fees are subject to change.

a) EU Value Added Tax (EU VAT)

(1) Custom Payments Gateway

You agree to the following:

(a) For the avoidance of doubt, Lions Gate Training Academy is solely acting as Your agent. By processing Content through CPG, You are agreeing that You are the principal and are appointing Lions Gate Training Academy as the selling agent for Your Content. The Creator is the supplier of the Content

(b) Lions Gate Training Academy is not responsible for interactions between Creators and Students and only provides the technological means through which Creators may make available their Content

(c) Creators using CPG are solely responsible for all EU VAT taxes, costs, filings, and any other activities that may arise as a result of their sales of Content using the Lions Gate Training Academy Platform. Creators using CPG do not have a contractual arrangement, nor an expectation, that Lions Gate Training Academy will collect and remit EU VAT on behalf of the CPG Creator

(d) When sales of Creator Content are processed through CPG, Lions Gate Training Academy is not taking part in the supply of the Creator Content. Content is and remains the Creator’s property

(e) CPG sales are never transmitted to Lions Gate Training Academy and as such Lions Gate Training Academy does not have an economic relationship to the transaction. Creators set the price of the Content with no input from Lions Gate Training Academy

(f) All invoices made to Students from Creators using CPG shall indicate that the Creator is the supplier of the Content

(g) Student invoices shall identify the name and nature of the Content that was purchased

(h) All CPG sales are processed and authorized by a third party. Lions Gate Training Academy is not a party to the authorization process nor is Lions Gate Training Academy responsible for authorizing credit card charges through CPG

(i) Creators are responsible for their Content’s terms and conditions and are not bound by Lions Gate Training Academy’s refund policy

(j) Lions Gate Training Academy has no responsibility to accept or reject Content enrollments should there be any issues with payments through CPG. Creators are responsible for authorizing any applicable delivery of Content to Students. Creators agree that if payments are processed through CPG, such processing serves as an authorization to Lions Gate Training Academy to deliver the Content materials to Students

(a) For Content sold through the Lions Gate Training Academy Native Gateways, Lions Gate Training Academy is the supplier of the Content and acts as the principal in that transaction. Regardless of whether the Creator is a taxable or non-taxable individual or entity, Lions Gate Training Academy is taking part in the supply of the Content and as such shall collect and remit EU VAT

(b) As the provider of the gateway responsible for processing the payment for the Content purchased, Lions Gate Training Academy is responsible for collecting payment

(c) Lions Gate Training Academy sets the general conditions for all Content sold over the Lions Gate Training Academy Native Gateways, including adherence to Lions Gate Training Academy’s refund policy

(d) Lions Gate Training Academy determines the delivery of the Content to Students, utilizing the payments processed through Lions Gate Training Academy Native Gateways as a predicate event to delivering the Content to the Student

(e) Invoices issued to Students shall clearly display Lions Gate Training Academy as the supplier of the Content

(f) Invoices issued to Students shall identify the Content purchased by the Student

(g) Lions Gate Training Academy is responsible for authorizing the charges made to Students for Content purchased through the Lions Gate Training Academy Native Gateways

(h) Any EU VAT filings made by Lions Gate Training Academy shall be the sole responsibility of Lions Gate Training Academy. Lions Gate Training Academy will handle all EU VAT which may be levied on the charges made to Students for purchasing Content. Creators should not have to submit EU VAT tax returns themselves for the sales made through the Lions Gate Training Academy Payments Gateways. Creators will indemnify, defend, and hold Lions Gate Training Academy harmless from and against any tax, penalty and interest arising from the Creator’s personal tax position

1) Unless explicitly mentioned in this Agreement, Creators and Students are otherwise responsible for the payment of any and all applicable taxes that become due from their use of the Platform

A. Lions Gate Training Academy is not responsible for setting the pricing on a Creator’s Content. Prices for Creator Content are set by the Creator.

XVII. Account Ownership Disputes

A. In the unlikely event that there is a dispute over the ownership of an account, Lions Gate Training Academy has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:

1. a copy of Your photo ID;

2. Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of Your entity;

3. Your billing information and details;

4. Certified copies of your tax forms; and

5. Other documentation as we deem necessary to settle the dispute

B. Should a dispute arise, Lions Gate Training Academy reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law

A. Lions Gate Training Academy also operates the Lions Gate Training Academy Discover (“Discover”) platform, which is a part of the overall Lions Gate Training Academy Platform. In order to participate in Discover, the Creator must agree to a Discover platform agreement. As a part of the Lions Gate Training Academy Platform, Discover is covered by this Agreement. The Discover agreement does not supersede this Agreement. The terms in this Agreement apply in full force to the use of Discover. However, should this Agreement conflict with the Discover agreement, the Discover agreement shall take precedence.

A. Pricing for the Lions Gate Training Academy Platform is described on our pricing page (https://Lions Gate Training Academy.com/pricing/)

B. Depending on the processing method, Lions Gate Training Academy may charge transaction fees. You agree to pay all fees and charges that are made to Your account and that You are solely responsible for payment of these fees and charges

C. Paid plans are automatically charged at the beginning of each billing period. Unless You submit a cancellation request to us in writing via email (support@Lions Gate Training Academy.com) or directly through Your account prior to the start of the billing period, Your plan will be charged upon the anniversary of its billing period. You agree that Lions Gate Training Academy may charge any recurring service to the credit card or debit card that you provide

D. Should You not authorize payment or are otherwise not current on Your payments for Lions Gate Training Academy Services, Lions Gate Training Academy may restrict Your Platform access until Your account becomes current and paid in full

E. Lions Gate Training Academy reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Lions Gate Training Academy and/or retaining collection agencies or legal counsel

F. Lions Gate Training Academy reserves the right to offer custom plans and pricing in addition to what is offered on the pricing page. Custom plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms

We want You to be happy with Lions Gate Training Academy’s Platform. If You’re not feeling excited about joining the Lions Gate Training Academy community, we have some options for You regarding Your plan.

a) Creators on monthly paid plans are entitled to a full no-questions-asked refund within thirty (30) days of first signing up for a paid plan, or upgrading to a higher priced plan. Simply let us know in writing that You’re canceling the plan within thirty (30) days of Your sign-up

a) Creators on annual plans are entitled to a full no-questions-asked refund within thirty (30) days of first signing up for an annual plan. Simply let us know in writing that You’re canceling the plan within thirty (30) days of Your sign-up

a) Lions Gate Training Academy reserves the right to refuse refunds to Creators who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months

1. In general, all Students purchasing Content that are a part of the Lions Gate Training Academy Native Gateways are entitled to a thirty (30) day refund from the date of purchase. Unless authorized by Lions Gate Training Academy in Lions Gate Training Academy’s sole discretion, no Creator on the Lions Gate Training Academy Native Gateways may offer a refund policy for a period of less than thirty (30) days to Students.

2. If a Creator has been allowed to offer a refund period that differs from Lions Gate Training Academy’s general policy, the Creator must provide notice to Students prior to the purchase of the Content

3. It is the Student’s responsibility to understand the refund policy for Content prior to purchasing such Content from a Creator

4. Lions Gate Training Academy reserves the right to refuse refunds to Students who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months

5. Lions Gate Training Academy reserves the right to provide a refund to any student at any time in Lions Gate Training Academy’s sole discretion

6. Lions Gate Training Academy does not establish, maintain, or control refunds or a refund policy for any Content that was processed through CPG.

1. Any requests for a refund, whether by a Creator or a Student, will be ultimately determined in Lions Gate Training Academy’s sole discretion

1. Regardless of any other section to the contrary in this Agreement, Lions Gate Training Academy’s refund policy does not cover the provision of live Coaching provided by Creators to Students.

1. If You cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle. When You cancel a paid plan, Your account will revert to a free account and Lions Gate Training Academy may disable access to features available only to paid plan users

1. You may delete Your account at any time

2. Any account on the free plan may be deleted if it remains inactive (e.g., the user fails to log in) for a continuous period of at least six (6) months. Activity will be determined by Lions Gate Training Academy in its sole discretion

3. Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete Your account.

4. If Your account is deleted (regardless of the reason), Your Content may no longer be available. Lions Gate Training Academy is not responsible for the loss of such content upon deletion

5. Upon deletion of Your account (regardless of the reason), all licenses granted by Lions Gate Training Academy will terminate

1. Should a school, course, Creator account, or Student account be canceled or deleted, the Creator or Student may no longer have access to Lions Gate Training Academy Content and Content may be irrecoverable. Lions Gate Training Academy shall not be liable to any party in any way for the inability to access Content arising from any cancelation or deletion, including any claims of interference with business or contractual relations

1. Lions Gate Training Academy does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does Lions Gate Training Academy guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. Lions Gate Training Academy may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content.

2. We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Creators and Students.

In running the Platform, we require that You understand and agree that Lions Gate Training Academy is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that Lions Gate Training Academy doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Lions Gate Training Academy will be limited to a portion of the fees You have paid us.

A. You agree that Lions Gate Training Academy, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Lions Gate Training Academy Platform

B. You agree that Lions Gate Training Academy shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications

C. Lions Gate Training Academy is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command

D. Lions Gate Training Academy does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code

E. The Lions Gate Training Academy Platform is provided to You on an “As Is, As Available” basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the Lions Gate Training Academy Platform

F. Lions Gate Training Academy disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title

G. Lions Gate Training Academy shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform

H. You agree that Lions Gate Training Academy shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless Lions Gate Training Academy, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other Lions Gate Training Academy policies, and copyright and other intellectual property law)

I. You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.

J. You may not assign Your rights under this Agreement without Lions Gate Training Academy's prior written consent

K. Should Lions Gate Training Academy’s limitation of liability not be applicable, Lions Gate Training Academy’s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Lions Gate Training Academy over the prior twelve (12) months directly preceding your claim, unless otherwise required by law

L. You agree that Lions Gate Training Academy shall not be liable for any content that appears on the Platform

M. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity

N. You agree that any cause of action or claim that You may have against Lions Gate Training Academy must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred

A. Lions Gate Training Academy reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Creators and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.

A.Lions Gate Training Academy may notify You of relevant information regarding the Platform and Lions Gate Training Academy Services in any of the following ways: (a) by emailing You at the contact information You provide in Your account registration, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is Your responsibility to periodically review the Platform for such notices.

B. Subject to the Privacy Policy, if you send to Lions Gate Training Academy or post on the Platform in any public area any testimonials, techniques, suggestions, workflows, or know-how ("User Submissions"), for any purpose, including the developing, manufacturing, and/or marketing or products or services incorporating such information, you acknowledge that Lions Gate Training Academy can use such User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to your User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Platform or send them to us.

A. This Agreement shall be governed in accordance with the laws of the State of Utah without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the County of Utah in the State of Utah. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action

B. Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement, shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein

C. The arbitration will be conducted in Utah County, Utah, unless You and Lions Gate Training Academy agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Lions Gate Training Academy from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights

D. You and Lions Gate Training Academy agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You act or propose to act in a representative capacity

E. You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Lions Gate Training Academy and all parties to any such proceeding

A. California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210

B. Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement

A. Your use of the Platform is subject to our Privacy Policy.

A. These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by Lions Gate Training Academy, including the Platform, Lions Gate Training Academy Services, and any Content

B. If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability

C. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy

A. You represent and warrant that You are not, nor are You owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury’s Office of Foreign Asset Control (“OFAC”), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a (“Prohibited Person”); (ii) You are not (nor are You owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) You (and any person, group, or entity which You control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) You are not prohibited by any sanctions program as maintained by OFAC from transacting with Lions Gate Training Academy, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.

A. Lions Gate Training Academy may review and update this Agreement at any time in our sole discretion and it is Your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that You accept and agree to be bound by the changes. Please check this webpage periodically for updates.

A. The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Lions Gate Training Academy shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.

A. Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.

A. If you have questions or concerns regarding these Terms of Use, the Platform, Lions Gate Training Academy Services, or Content, You may contact Us via physical or electronic mail at the address below. Note: the Lions Gate Training Academy office is not open to the public:

PO Box 1884

Orem, UT 84059

Email: support@LionsGateTrainingAcademy.com

PRIVACY POLICY

Effective July 1st, 2020

PLEASE READ THIS DOCUMENT CAREFULLY

Lions Gate Training Academy, LLC respects your privacy and is committed to being transparent with you about how we handle personal information.

This Privacy Policy explains how Lions Gate Training Academy, LLC collects, uses, and shares information about you when you use the Lions Gate Training Academy, LLC Platform, or otherwise interact with us. It also goes over how you can exercise your privacy rights and choices.

The Lions Gate Training Academy, LLC Platform is designed to allow Creators to build, design, publish, and sell courses, coaching and other services to their Students. This Privacy Policy applies when you access or use the services and tools offered through our Platform (“Lions Gate Training Academy, LLC Services”), or otherwise interact with us. Your access to our Platform and use of Lions Gate Training Academy, LLC Services is also governed by our Terms of Use. Capitalized terms used but not defined in this Privacy Policy can be found in our Terms of Use.

Please read this Privacy Policy carefully prior to accessing our Platform and using Lions Gate Training Academy, LLC Services. If you have any questions, please contact us at: Support@OnlineSecurityTraining.com.

As stated in our Terms of Use, you must be at least 18 years old to use the Platform, or, if you are between the ages of 13 and 18, you must have your parent or guardian’s permission to use the Platform. Lions Gate Training Academy, LLC does not knowingly collect or store any personal information from or about children under the age of 13, and we will delete such information if we become aware that it has been submitted through our Platform.

Parents or guardians who believe that Lions Gate Training Academy, LLC might have any personal information from or about a child under the age of 13 may submit a request to Support@OnlineSecurityTraining.com or for us to remove such information.

Personal information refers to any information that relates to an identified or identifiable individual. How we handle your personal information will depend on whether we act as a “controller” or as a “processor” for the personal information. The controller is the entity that decides how and why to process personal information. The processor processes personal information on behalf of the controller at the controller’s direction.

Lions Gate Training Academy, LLC is the controller of personal information that it collects and processes in connection with the use of our marketing site and the provision of Lions Gate Training Academy, LLC Services. This includes personal information that you provide to us when you create an account on the Lions Gate Training Academy, LLC Platform, subscribe to a Lions Gate Training Academy, LLC plan, enroll in a course, purchase Coaching through our Platform, etc. Please refer to the “Personal Information We Collect” section of this Privacy Policy for more information about personal information that Lions Gate Training Academy, LLC collects as a controller.

Creators are the owners of content that they upload, submit, or otherwise provide to the Lions Gate Training Academy, LLC Platform (“Creator Content”) and are the controller with respect to any personal information included in their Creator Content. Lions Gate Training Academy, LLC processes Creator Content on behalf of the Creator as a processor.

When a Student enrolls in Creator Content, Lions Gate Training Academy, LLC will provide the Creator access to a limited set of personal information about the Student (“Student Data”) to enable the Creator to provide their services to the Student. Lions Gate Training Academy, LLC and Creators may each use Student Data for their own business purposes, at all times subject to the terms of this Privacy Policy, the Data Processing Agreement and our Terms of Use. The Creator and Lions Gate Training Academy, LLC each act as an independent controller with respect to their particular use of Student Data.

Creators acknowledge and agree that they are responsible for complying with all applicable laws and regulations related to the protection of personal information for which they are controllers.

Lions Gate Training Academy, LLC collects personal information about you in several different ways, depending on how you interact with our Platform. Please note that the types of personal information we collect differs depending on how you’re using our Platform, for example, as a Creator or a Student.

Personal Information you give us (or that we receive from others): We collect personal information you directly provide to us. We may also receive personal information about you from others; e.g. from another user or our payment processors.

1. Account Information. To use certain features of our Platform (such as to create a course or to enroll in a course), you’ll need to register for an account with Lions Gate Training Academy, LLC. To do so, you’ll need to provide us with certain personal information, such as your name, email address, and password.

2. Lions Gate Training Academy, LLC Plans. When you subscribe to a paid Lions Gate Training Academy, LLC plan, we will collect certain personal information from you for the purposes of billing your subscription fees and any payment service fees, such as your business and billing address. You’ll also need to provide certain payment-related information directly to our third party-payment processors, as described below.

3. Creator Payment Information. If you’re using Lions Gate Training Academy, LLC’s Native Payment Gateways, you’ll need to link your payment account to our Platform to receive payouts. By linking your account, Lions Gate Training Academy, LLC will receive certain payment related information about you, including your payment card type and last four digits, postal code, country of origin, payment expiration date, and any email address associated with the payment type. Further, we will collect certain personal information for tax purposes. This tax information may include your full name, address, and registration number.

4. Student Payment Information. To purchase a course, Coaching, or other service through our Platform, you’ll need to provide us with certain personal information, such as your name, address, and information about the service you are purchasing. You may also need to provide certain payment-related information directly to our third party payment processors, as described below.

5. Third Party Payment Processors. We use third party payment processors like PayPal and Stripe to process payments through the Lions Gate Training Academy, LLC Platform. For payments processed via Lions Gate Training Academy, LLC Native Gateways, the third party processor provides us with information related to the payment status of your account; this information includes your payment card type and last four digits, payment expiration date, zip code, approximate location based on IP address, country of origin, and any email address associated with the payment type. For security purposes, Lions Gate Training Academy, LLC does not collect or receive any sensitive payment information, such as your complete card number or authentication data.

Our third-party payment processors are independent from Lions Gate Training Academy, LLC and have their own privacy processes. For additional information about how your payment information is processed and stored, we recommend that you review the applicable payment processor's Privacy Policy.

6. Participation in Creator Content. When you enroll in a course, Coaching service, or other Creator Content, Lions Gate Training Academy, LLC will collect personal information relating to your participation in the Creator Content, such as courses enrolled in, quiz results, lecture progress and certifications.

7. Third Party Integrations. You may allow our Platform to interact with third party services (such as Facebook and Zoom). The information you allow Lions Gate Training Academy, LLC to access varies by service, and it is affected by the privacy settings you and those that you are connected with establish while using such services. Third-party services are operated, controlled, and maintained by third parties not operated, controlled, or maintained by Lions Gate Training Academy, LLC. We recommend that you read the terms of use and privacy policies of those third party services to understand how they collect, use, and share your personal information with us or other third parties.

8. Other Personal Information. You may choose to provide us with other personal information. For example, we may collect your name, email address and other personal information when you fill out a survey, participate in a Lions Gate Training Academy, LLC-sponsored contest or promotion, request customer support, or otherwise communicate with us.

We automatically collect certain information from your interactions with our Platform.

1. Usage Data. Lions Gate Training Academy, LLC logs usage information when you visit and use our Platform. This information may include IP address, browser type, operating system, and other information about the use of our website, such as the pages you viewed, when you viewed them, and links that were clicked.

2. Cookies and Similar Technology. Lions Gate Training Academy, LLC may collect information about you through the use of cookies and other similar technologies. Cookies are pieces of data in the form of text files that your browser stores on your hard drive and sends back to us when making requests, and similar technologies. For more information on our use of cookies and similar technologies, please refer to our Cookie Policy.

3. Approximate Location. We may receive and process information about your approximate location. For example, we may be able to determine your approximate location from your IP address and other information about you. Lions Gate Training Academy, LLC does not ask for or track any precise location-based information.

Our primary purpose for using your personal information is to provide you with a smooth, efficient, and customized experience, for customer support, advertising and marketing communications, research and service development, and to keep our Platform and users safe and secure.

To provide and improve our services. We use personal information that we collect about you to allow you to access our Platform, to provide you with the services you request, and to improve and customize Lions Gate Training Academy, LLC Services.

For customer support. We use personal information to investigate, respond to, and resolve customer queries, send you technical notices and security alerts, and provide other support and administrative services.

For advertising and marketing communications. We use personal information to develop targeted advertising both on and off our Platform about Lions Gate Training Academy, LLC Services, and to communicate with you about our products, services, offers and promotions, including making recommendations about Lions Gate Training Academy, LLC Services you may be interested in.

For research and service development. We use personal information to conduct market research and to develop new services in order to provide you with a better experience and to drive growth in our business.

For legal and security purposes. We use personal information to prevent, detect, investigate, and take measures against criminal activity, fraud, misuse of or damage to our Platform or network, and other threats and violations to Lions Gate Training Academy, LLC's or a third party's rights.

Lions Gate Training Academy, LLC only shares your personal information with third parties under the circumstances described below. We do not sell or otherwise disclose personal information we collect about you for monetary or other valuable consideration.

When you participate in Creator Content, Lions Gate Training Academy, LLC will share certain personal information about you (“Student Data”) with the Creator to allow the Creator to provide you with their services. The set of personal information that we share with Creators are limited to the following:

1. Account information, including your name and email address

2. Purchase information, including amount paid, your address, and other billing information (but never your complete card number, which we also don’t get)

3. IP address

4. Information about your participation in the Creator Content, including the Creator Content you enrolled in, lecture completion status, course progress, quiz results, and certificates

5. Any messages you exchange with the Creator through Lions Gate Training Academy, LLC

Lions Gate Training Academy, LLC will only provide Student Data to a Creator upon the purchase or enrollment of a Student in the Creator’s Content.

Lions Gate Training Academy, LLC does not disclose any other types of personal information about Students to Creators. Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator or other users, which at all times shall be subject to the terms of this Privacy Policy and our Terms of Use.

When you use Lions Gate Training Academy, LLC Services to publish Creator Content, information contained in your Creator Content will be viewable to users who are given access to your Creator Content. For example, when you publish your bio on a sales page, personal information in your bio will be viewable to persons who visit your sales page.

Please keep in mind that all of the information that you share or content that you publish in your bio, posts, comments, or other public portions of our Platform becomes public information. Because this information is publicly available, we cannot control how others treat it. We ask you to exercise care in deciding what personal information you choose to share, and refrain from sharing your sensitive personal information and those of others.

When you choose to integrate third party services with our Platform, your personal information may be shared with these third parties. We recommend that you read the terms of use and privacy policies of those third party services to understand how they collect, use, and share your personal information.

Lions Gate Training Academy, LLC may send your personal information to a third party when you give us consent to do so or at your direction. For example, this may occur when we complete a transaction at your request.

We may share personal information with vendors, consultants, payment processors, and other service providers that provide us with certain services and process personal information on our behalf. These services may include providing customer support, performing business and sales analysis, supporting our website functionality, facilitating payment processing, and supporting contests, surveys, and other features offered on our Platform.

These service providers are not permitted to use your personal information for any other purpose, and their use of such personal information will be subject to appropriate confidentiality and security measures.

We sometimes partner with third parties to offer you events, promotions, contests and other programs. To participate in these offers, you may be required to provide your email address and other personal information. We will only share your email address and other personal information with a business partner when you expressly authorize us to do so.

We may share usage data with third-party advertisers, advertisement networks, and analytics providers through cookies and other similar technologies. These third parties may collect information sent by your computer, browser, or mobile device in response to a request for content, such as unique identifiers, your IP address, or other information about your computer or device. For more information on our use of cookies and similar technologies, please refer to our Cookie Policy.

We may share personal information with our parent, affiliates, and other companies under common control and ownership, subject to the terms of this Privacy Policy.

We may also share your personal information in connection with a substantial corporate transaction, such as a sale of our business, a divestiture, merger, consolidation, or asset sale, in the event of bankruptcy, or in preparation for any of these events. Any other entity which buys us or becomes part of our business will have the right to continue to use your personal information, but only in the manner set out in this Privacy Policy unless you agree otherwise.

Lions Gate Training Academy, LLC may be required to disclose personal information if directed by a court of law or other governmental entity. Without limiting the foregoing, we reserve the right to disclose such information where we have a good faith basis to believe that such action is necessary to:

• comply with applicable laws, regulations, court orders, government and law enforcement agencies’ requests

• protect and defend Lions Gate Training Academy, LLC’s or a third party's rights and property, or the safety of Lions Gate Training Academy, LLC, our users, our employees, or others

• prevent, detect, investigate and take measures against criminal activity, fraud and misuse or unauthorized use of our Platform and/or to enforce our Terms of Use or other agreements or policies

To the extent permitted by law, we will attempt to give you prior notice before disclosing your information in response to such a request.

Lions Gate Training Academy, LLC gives you choices with respect to our use of your personal information. These choices include accessing, updating, or deleting your personal information, as well as choosing what communications you would like to receive from us. Depending on your location, you may have additional rights related to your personal information (see the Jurisdiction Specific Provisions section below for more information about location-specific privacy rights).

You can also choose not to provide us with certain personal information, but that may result in you being unable to use certain features of our Platform because that information may be required for you to register for an account, purchase Lions Gate Training Academy, LLC Services, enroll in Creator Content, participate in our promotional offerings, get customer support, or engage in other activities on our Platform.

Please note that in cases where you wish to exercise your data privacy rights with respect to personal information for which a Creator is the controller, you’ll need to directly contact the Creator to exercise your rights.

Please refer to the ‘Data Privacy Requests and Verification’ section below for information on how to make a data privacy request.

You can access and update certain personal information about you by visiting your Account Settings.

You can also submit a data privacy request to receive a copy of personal information that we hold about you, free of charge.

If you believe that any personal information we are holding about you is incorrect or incomplete, we will work with you to make corrections deemed necessary. Note that we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you’d like Lions Gate Training Academy, LLC to delete your account or delete personal information it holds about you, you can submit a deletion request. Note that when we delete your account, personal information that you have shared with others (for example, through comments or an intake form) may still be visible. Lions Gate Training Academy, LLC will also retain certain personal information about you where reasonably necessary to comply with our legal obligations or for our legitimate business purposes.

You can request to access, update, or delete your personal information by emailing us at privacy@Lions Gate Training Academy, LLC.com from the email address associated with your account.

If you would like to make a request under the privacy laws of your jurisdiction, please let us know where you reside and which rights you’d like to exercise. For more information about exercising your jurisdiction-specific privacy rights, please see section ‘Jurisdiction Specific Provisions’ below.

To protect your privacy, we need to verify your identity before we process your data privacy request. As part of this process, we will need to receive the request from you via the email address associated with your account. Depending on the nature of the request, we may also need to obtain additional information necessary for us to verify your identity.

You may designate an authorized agent to make a data privacy request on your behalf. To do so, we will need to receive written permission by you or a valid power of attorney, and we may also verify the validity of the request directly with you.

You can opt out of receiving some or all of our promotional communications through the unsubscribe link in the email or by emailing Support@OnlineSecurityTraining.com.

If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), please contact us at Support@OnlineSecurityTraining.com to have us delete your account.

Please note that opting out of promotional email communications only affects future communications from us. If we have already provided your information to a third party (such as a credit card processing partner) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.

Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies. Note, however, that deleting cookies or directing your browser to refuse them may limit your ability to use certain portions of our Platform that require cookies to function. For more information on our use of cookies and similar technologies and how you can opt out, please refer to our Cookie Policy.

Your browser may give you the option to send a “Do Not Track” instruction to websites you visit. However, since there is no accepted standard for how a website should respond to this instruction, we do not currently recognize or respond to these signals.

Users in the European Economic Area, UK, and Switzerland

Under the General Data Protection Regulation (GDPR) and other applicable laws, users in the European Economic Area (“EEA”), UK, and Switzerland have the right, under certain conditions, to request access to, rectification of, or erasure of their personal information; request restriction of processing; object to processing; withdraw consent from processing; and the right to data portability.

If you are in the EEA, UK and Switzerland and would like to exercise these rights, please email us at Support@OnlineSecurityTraining.com pursuant to the ‘Data Privacy Requests and Verification’ section above. Please include the phrase “GDPR request” in the subject line and provide us with your mailing address and state of residence.

Lions Gate Training Academy, LLC only collects and processes personal information about you where it has lawful bases for doing so. The specific legal basis applied to the processing will depend on the context in which the personal information is being processed, including the service used and the type of personal information involved.

Lions Gate Training Academy, LLC uses the following legal bases for processing:

1. For the performance of a contract. We will process your personal information to fulfill our contractual obligations with you, such as to provide you with access to Lions Gate Training Academy, LLC Services, to communicate with you regarding your use of Lions Gate Training Academy, LLC Services, and to comply with our Terms of Use.

2. For legitimate interests. We will process your personal information for our legitimate interests or those of others (as long as the processing is not outweighed by your data protection interests). This includes but is not limited to, preventing fraud and other abuse, ensuring the security of our Platform, protecting our legal rights and interests, conducting market research and product development, and for marketing purposes.

3. To comply with legal obligations. We will process your personal information to comply with all applicable laws, regulations, court orders, and government and law enforcement agencies’ requests.

4. Consent. We will process your personal information when you have given us consent to do so, such as when you consent to receive certain communications from us.

If you’d like to withdraw your consent or object to our processing of your personal information, please contact Support@OnlineSecurityTraining.com.

If you believe that we have not adequately addressed your concerns or wish to report an alleged infringement of applicable data privacy laws, you may file a complaint with your local supervisory authority.

This section provides details about rights California consumers may exercise under the California Consumer Privacy Act (CCPA) and other privacy and data protection laws, as applicable.

Under the CCPA, California consumers have the the following rights:

-the right to request to know more about the categories and specific pieces of personal information that we have collected about them and how that information has been used over the past 12 months. They may also request a copy of this information, free of charge

-the right to request that we delete personal information that we have collected about them, subject to certain exceptions

-If a business sells personal information, the right to opt-out of the sale. At Lions Gate Training Academy, LLC, we may sell personal information that we collect about our users, as provided in the CCPA

-the right not to be discriminated against if you choose to exercise any of these rights

Under California’s ‘Shine the Light’ law, California residents have the right to request certain information relating to personal information we have shared with third parties for those third parties’ direct marketing purposes. Note that we only share information with third parties for their direct marketing purposes when you request us to do so or you expressly consent to it.

If you are a California resident and would like to exercise your rights under the CCPA or California’s ‘Shine the Light’ law, email us Support@OnlineSecurityTraining.com pursuant to the ‘Data Privacy Requests and Verification’ section above. Please specify which privacy right you’re exercising in the subject line (for example ‘CCPA deletion request’) and provide us with your mailing address and state of residence.

Lions Gate Training Academy, LLC uses a range of physical, technical, and administrative security measures to protect your personal information. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of financial information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information. However, no method of data transmission or storage system is absolutely secure, and we cannot guarantee that your personal information will not be accessed, disclosed, altered, or destroyed in the event of a breach of any of our security measures.

Where we have given you (or where you have chosen) a password to access certain parts of our Platform, you are responsible for protecting this password and keeping it confidential. As the safety and security of your information also depends on the precautions you take, we ask you not to share your password with anyone. If you believe your password or the security of your account has been compromised, you should change your password immediately and contact us at Support@OnlineSecurityTraining.com. with any concerns.

We save personal information we collect for as long as it is necessary for the purposes for which the personal information is collected and processed. Generally, we will keep your personal information until your account is deleted, or as needed to provide you with our services. We will also retain certain personal information to comply with our legal obligations or for our legitimate business purposes.

Lions Gate Training Academy, LLC is based in the United States and it stores, processes, and transfers information in and to servers and databases located in the United States. It may also store, process, and transfer information in and to servers in other countries depending on the location of its affiliates and service providers.

If you use our Platform outside the United States, including in the EEA, UK, and Switzerland, your information will be transferred to, stored, and processed in the United States. By accessing our Platform or otherwise giving us information, you consent to the transfer of information to the United States and other countries outside your country of residence.

We rely on legal bases to transfer information outside of the EEA, UK, and Switzerland. For example, transfers involving personal information of Creators located outside the United States are necessary for the performance of the contract between Lions Gate Training Academy, LLC and our Creators, as established in our Terms of Use. With respect to the processing of information by our service providers on our behalf, we take all necessary steps required under applicable law to ensure that their transfer of information across borders is compliant with applicable law. This may include the use of EU model clauses or ensuring that the recipient is certified under the US-EU Privacy Shield framework.

We take many steps to protect your privacy, including entering into a Data Processing Agreement with our Creators. If you’d like more information about the safeguards we have in place, please contact us at Support@OnlineSecurityTraining.com.

Except as otherwise expressly specified in this Privacy Policy, this document only addresses the use and disclosure of personal information Lions Gate Training Academy, LLC collects from you. To the extent that you disclose your personal information to other parties through our Platform, whether between Creator and Student or with other users, different rules may apply to how they use and share your personal information. Accordingly, you will need to look at the privacy policies of these third parties to understand their data privacy practices.

As further explained in our Terms of Use, our Platform may include links to third party websites. We are not responsible for the content of such websites or the protection and privacy of any information which you provide while visiting those sites. We recommend that you exercise caution and review the privacy policies applicable to the websites in question.

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of our Platform.

We encourage you to periodically review this Privacy Policy to stay informed about our privacy practices, as we may review and update our processes from time to time.

If we make a change that, in our sole discretion, is material, we will notify you through email, by posting a notification on our website, or as required by law. Unless otherwise stated, changes to this Privacy Policy will take effect immediately as of the date it is posted. By continuing to use our Platform after Privacy Policy changes go into effect, you agree to be bound by the revised Privacy Policy.

If you have questions or concerns regarding this Privacy Policy or Lions Gate Training Academy, LLC’s handling of your personal information, or if you would like to exercise your rights described in this Privacy Policy, please contact us at:

PO Box 1884

Orem, Utah 84059

Email: Support@OnlineSecurityTraining.com

COOKIES POLICY

Effective July 1st, 2020

We are committed to being transparent about how we and our partners use cookies and similar technologies on our Platform. The purpose of this Cookies Policy is to provide you with information about how cookies and similar technologies work, how we use these technologies, and your choices regarding these technologies.

Please read this Cookies Policy together with our Privacy Policy, which provides additional information about our use of personal information and your rights. Terms used but not defined in this Cookies Policy can be found in our Terms of Use.

By accessing our Platform, you agree to the use of cookies and similar technologies for the purposes described in this policy.

Cookies are pieces of data in the form of text files that your browser stores on your hard drive. They allow website providers to identify users, store preferential information, and understand users’ browsing activities. Web beacons (also known as pixel tags and clear GIFs) are electronic images found within website pages that allow website providers to understand users’ browsing activities. Lions Gate Training Academy, LLC also uses other similar technologies, such as local storage, for similar purposes described in this Cookies Policy.

There are two main types of cookies that can be placed on the Lions Gate Training Academy, LLC platform: First-party cookies, which are cookies that are set by Lions Gate Training Academy, LLC directly when you use our Platform, and third-party cookies, which are cookies that are set by other companies, such as our partners and services providers.

The types of cookies placed on our Platform and the purposes for which we use them are described below. Note that the list includes the typical cookies placed on our Platform, and is not an exhaustive list.

Some cookies are strictly necessary for the operation of our Platform. These cookies allow you to browse through our website, use Lions Gate Training Academy, LLC Services, and keep the Lions Gate Training Academy, LLC Platform secure.

 

Preference cookies allow us to “remember” your preferences when you access our Platform and to customize your experience. Analytics cookies help us understand how our users interact with our Platform, allowing us to improve your experience and to enhance Lions Gate Training Academy, LLC Services. We do this by, among other actions, measuring how well our services are functioning and tracking how you navigate through our Platform. We also rely on third-party cookies, like Google Analytics, to collect and analyze information.

 

Advertising cookies help us to develop targeted advertising and measure the performance of such ads. We partner with third-party advertisers to allow us and them to learn about which ads we’ve shown you and how you interacted with them on and off our Platform.

 

Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies by following the instructions in your browser settings. Some analytics providers we partner with, like Google Analytics, may also provide you with additional opt-out mechanisms.

Note that deleting cookies or directing your browser to refuse them may limit your ability to use certain portions of our Platform.

If you have questions regarding this Cookies Policy, please email us at: Support@OnlineSecurityTraining.com.

DATA PROCESSING AGREEMENT

Effective July 1st, 2020

This Data Processing Agreement ("Agreement") entered into by and between Lions Gate Training Academy, LLC, Inc. ("Lions Gate Training Academy, LLC" or “Us”) and you ("Creator" or "You"), is incorporated into and supplements our Terms of Use and Privacy Policy when Data Protection Laws apply to the processing of Student Data or Creator Data (as defined below).

When using Lions Gate Training Academy, LLC Services (as defined in Lions Gate Training Academy, LLC's Terms of Use), a Creator may upload, submit, or otherwise provide content to the Lions Gate Training Academy, LLC Platform (“Creator Content”). The Creator is the owner of their Creator Content, and the sole controller of any personal data included in their Creator Content (“Creator Data”). Lions Gate Training Academy, LLC processes Creator Data on behalf of the Creator at the Creator's direction.

To connect Creators and Students and enable Creators to provide services to their Students, Lions Gate Training Academy, LLC provides Creators with access to a limited set of personal data of Students enrolled in their services (“Student Data”), as specified in our Privacy Policy. Lions Gate Training Academy, LLC and Creators may each use Student Data for their own business purposes, at all times subject to the terms of this Agreement, our Terms of Use, and our Privacy Policy.

Terms used but not defined in this Agreement can be found in our Terms of Use. For the avoidance of doubt, this Agreement comprises this Data Processing Agreement, any appendices to it, and the Standard Contractual Clauses (where applicable, and as defined herein).

1. Definitions.

"Data Protection Laws" means all data protection laws and regulations applicable to the processing of Creator Data and Student Data, including, without limitation, the EU Data Protection Law.

"EU Data Protection Law" means all data protection laws and regulations applicable to the European Union, the European Economic Area (“EEA”), Switzerland, and the United Kingdom ("UK"), including (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) applicable national legislation implementing the GDPR and Directive 2002/58/EC; and (iii) with respect of the UK, any applicable national legislation that replaces the GDPR or any other law relating to data and privacy as a consequence of the UK leaving the European Union.

"Personal Data Breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, consumer personal data transmitted, stored or otherwise processed.

"Standard Contractual Clauses" means the controller-to-processor contractual clauses issued by the European Commission in Decision 2010/87/EU, as may be amended from time to time by the European Commission.

"Sensitive Data" means (i) social security number, passport number, driver's license number, or similar identifier (or any portion thereof); (ii) credit or debit card number (other than the truncated (last four digits) of a credit or debit card); (iii) employment, financial, genetic, biometric or health information; (iv) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (v) account passwords; or (vi) other information that falls within the definition of "special categories of data" under applicable Data Protection Laws.

"Sub-Processor" means any entity engaged by Lions Gate Training Academy, LLC to provide processing services in furtherance of Lions Gate Training Academy, LLC’s processing of Creator Data.

The terms "personal data", "controller", "data subject", "processor" and "processing" shall have the meaning given to them under Data Protection Laws, or if not defined thereunder, the GDPR, and "process", "processes" and "processed" shall be interpreted accordingly.

1.1. The parties acknowledge and agree that Creator is the controller and Lions Gate Training Academy, LLC is a processor acting on behalf of Creator with respect to Creator Data, as further described in Schedule A of this Agreement.

1.2. The parties acknowledge and agree that Lions Gate Training Academy, LLC and Creator each act as an independent controller with respect to their particular processing of Student Data. For the avoidance of doubt, Lions Gate Training Academy, LLC and Creator are at all times independent controllers, not joint controllers, of Student Data.

2.1. Creator shall (i) comply with all applicable laws, including but not limited to Data Protection Laws, in its use of Lions Gate Training Academy, LLC Services and its own processing of Creator Data and Student Data, (ii) ensure that it has, and will continue to have, the right to transfer, or provide access to, Creator Data and Student Data to Lions Gate Training Academy, LLC for processing in accordance with our Terms of Use and this Agreement, and (iii) be solely responsible for the accuracy, quality, and legality of Creator Data and the means by which Creator acquired Creator Data.

2.2. Creator Instructions. Creator appoints Lions Gate Training Academy, LLC to process Creator Data on behalf of, and in accordance with, Creator’s documented instructions (i) as set forth in our Terms of Use and this Agreement; (ii) as necessary to comply with applicable law; and (iii) as otherwise agreed in writing by the parties. The parties agree that our Terms of Use and this Agreement constitute the Creator’s documented instructions to Lions Gate Training Academy, LLC regarding the processing of Creator Data, and any processing outside the scope of these instructions shall require prior written agreement between the parties. Creator will ensure that Creator’s documented instructions relating to Lions Gate Training Academy, LLC’s processing of Creator Data will not cause Lions Gate Training Academy, LLC to violate any applicable laws, including Data Protection Laws.

2.3. Sensitive Data Prohibition. Creator acknowledges that Lions Gate Training Academy, LLC Services are not intended for the processing of Sensitive Data and agrees that it will not provide (or cause to be provided) any Sensitive Data to Lions Gate Training Academy, LLC for processing under this Agreement and our Terms of Use. Lions Gate Training Academy, LLC will have no liability whatsoever for Sensitive Data, whether in connection with a Personal Data Breach or otherwise. For the avoidance of doubt, this Agreement will not apply to Sensitive Data.

3.1. Lions Gate Training Academy, LLC shall process Creator Data in accordance with applicable Data Protection Laws and consistent with our Terms of Use, Privacy Policy and this Agreement. Lions Gate Training Academy, LLC shall only process Creator Data in accordance with the Creator’s documented instructions, as outlined in Section 2.2.

3.2. Lions Gate Training Academy, LLC shall notify the Creator if it becomes aware of, or reasonably believes that, a documented instruction from the Creator infringes upon Data Protection Laws.

3.3. Confidentiality. Lions Gate Training Academy, LLC shall ensure that its employees, authorized agents, and any Sub-Processors authorized to process Creator Data have agreed to comply with confidentiality obligations with respect to Creator Data.

3.4. Assistance to Creator. Lions Gate Training Academy, LLC shall, taking into account the nature of the processing and the information available to Lions Gate Training Academy, LLC, provide reasonable assistance to Creator to enable Creator to comply with its obligations under applicable Data Protection Laws. Notwithstanding the foregoing, Creator agrees that it will not cause Lions Gate Training Academy, LLC to process any personal data that presents a high risk to the rights and freedoms of data subjects.

Sub-Processors.

3.5.1. Creator hereby provides a general authorization to Lions Gate Training Academy, LLC to engage Sub-processors for the processing of Creator Data. Lions Gate Training Academy, LLC maintains a list of Sub-processors that Creator has authorized to process Creator Data. Creator consents to Lions Gate Training Academy, LLC engaging additional or replacement Sub-processors to process Creator Data pursuant to this Agreement, provided that Lions Gate Training Academy, LLC provides the Creator with its intent to engage a new or replacement Sub-processor. Lions Gate Training Academy, LLC will provide its intent by updating the list of Sub-Processors, which shall contain a mechanism for Creator to subscribe to notifications of new or replaced Sub-processors. Creator shall, without undue delay, object to any changes with regards to added or replaced Sub-processors. The Creator understands and accepts that such objection may result in Lions Gate Training Academy, LLC not being able to fulfill its obligations under our Terms of Use to the extent such obligations are related to the relevant Sub-processor.

3.5.2. Prior to the relevant Sub-Processor carrying out any processing activities in respect of Creator Data, Lions Gate Training Academy, LLC shall enter into an agreement with the Sub-Processor containing data protection obligations that provide at least the same level of protection for Creator Data as those under this Agreement.

3.6 Deletion on Termination. Upon termination or expiration of this Agreement, Lions Gate Training Academy, LLC shall (at the Creator’s election) return or delete all Creator Data in its possession or control, except that this requirement shall not apply to the extent Lions Gate Training Academy, LLC is required to retain some or all of the Creator Data to comply with its legal obligations, or to Creator Data it has archived on backup systems, which Lions Gate Training Academy, LLC shall protect from any further processing and eventually delete in accordance with Lions Gate Training Academy, LLC’s data retention policies, except to the extent required by applicable law.

3.6.1. Creator acknowledges and agrees that Lions Gate Training Academy, LLC will fulfill its obligations to return Creator Data under this section by providing Creator the opportunity to download and export Creator Content out of the Lions Gate Training Academy, LLC Platform.

4.1. Creator Data. As part of Lions Gate Training Academy, LLC Services, Lions Gate Training Academy, LLC provides the Creator with a number of self-service features, including the ability to modify, delete, and restrict access to Creator Content, that Creator may use to assist in complying with its obligations under Data Protection Laws with respect to responding to requests from data subjects regarding Creator Data.

4.2. Student Data. Each party shall respond to data subject requests received by it concerning the processing of covered Student Data promptly and within the timeframes required by Data Protection Laws. In the event that Creator receives any data subject requests regarding Student Data, Creator will promptly (and in any event within three business days) notify Lions Gate Training Academy, LLC and provide Lions Gate Training Academy, LLC with a copy of the request.

4.3. Lions Gate Training Academy, LLC shall, taking into account the nature of the processing, provide reasonable assistance to Creator to enable Creator to comply with its data protection obligations with respect to data subject requests.

5.1. Security Measures. Taking into account the state of technical developments and the nature of processing, Lions Gate Training Academy, LLC undertakes to establish and maintain appropriate technical and organizational measures in order to protect Creator Data against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, or access, in accordance with Lions Gate Training Academy, LLC’s security standards described in Schedule B ("Security Measures").

5.2. Personal Data Breaches. In the event that Lions Gate Training Academy, LLC becomes aware of a Personal Data Breach that affects Creator Data or Student Data, Lions Gate Training Academy, LLC shall notify Creator without undue delay of the Personal Data Breach via the email address associated with the Creator’s primary owner account.

5.3. Compliance Obligations. In order to ensure compliance with the applicable Data Protection Laws, Lions Gate Training Academy, LLC shall make available to the Creator information necessary to demonstrate compliance with the legal obligations related to the processing of Creator Data by Lions Gate Training Academy, LLC on behalf of the Creator.

5.3.1. Lions Gate Training Academy, LLC shall respond to all reasonable requests for information made by Creator to confirm Lions Gate Training Academy, LLC’s compliance with this Agreement upon Creator’s written request to Support@OnlineSecurityTraining.com.

5.3.2. Upon written request, Lions Gate Training Academy, LLC shall supply (subject to confidentiality protections) a summary copy of its most current audit report(s) ("Audit Report") to Creator, so that Creator can verify Lions Gate Training Academy, LLC’s compliance with the audit standards against which it has been assessed.

5.3.3.Should an audit be requested under applicable Data Privacy Laws to assess Lions Gate Training Academy, LLC’s compliance with the terms of this Agreement, the parties shall select an accredited independent third-party audit firm that is mutually agreeable to both parties. Creator shall be responsible for all costs, fees, and expenses related to such audit. The scope of the audit shall be limited to Lions Gate Training Academy, LLC's compliance with Data Privacy Laws as applied under this Agreement. Notwithstanding the foregoing, the audit shall occur during regular business hours, with reasonable advance notice to Lions Gate Training Academy, LLC, and subject to confidentiality protections. Creator may not audit Lions Gate Training Academy, LLC more than once annually.

6.1. The Creator acknowledges and agrees that Lions Gate Training Academy, LLC may transfer and process personal data in and to servers and databases located in the United States and anywhere else in the world where Lions Gate Training Academy, LLC, its affiliates, or its Sub-Processors maintain their servers, provided that Lions Gate Training Academy, LLC shall comply with the provisions of applicable Data Protection Laws relating to the transfer.

6.2. To the extent that Lions Gate Training Academy, LLC transfers Creator Data protected by the European Data Protection Law, Lions Gate Training Academy, LLC and Creator agree to abide by and process Creator Data in compliance with the Standard Contractual Clauses, which are incorporated in full by reference and form an integral part of this Agreement. For purpose of the Standard Contractual Clauses, Lions Gate Training Academy, LLC agrees that (i) it is the "data importer" and Creator is the "data exporter" under the Standard Contractual Clauses (notwithstanding that Creator may itself be an entity located outside the EU); and (ii) Schedule A of this Agreement shall replace Appendixes 1 and 2 of the Standard Contractual Clauses, respectively. The parties further agree that the Standard Contractual Clauses will solely apply to Creator Data that is transferred via Lions Gate Training Academy, LLC Services from the EEA, the UK, and/or Switzerland to outside the EEA, the UK, and Switzerland, either directly or via onward transfer, to any country or recipient not recognized by the European Commission as providing an adequate level of protection for personal data (as described in the European Data Protection Law).

6.3. The Creator acknowledges and agrees that Lions Gate Training Academy, LLC shall be entitled to enter into Standard Contractual Clauses with any Sub-processor on behalf of the Creator.

7.1. Except as otherwise required under Data Protection Laws, Lions Gate Training Academy, LLC’s liability under this Agreement is limited to the extent and amount set out in our Terms of Use.

8.1. To the extent Lions Gate Training Academy, LLC processes Creator Data originating from and protected by applicable Data Protection Laws in one of the jurisdictions listed in Schedule C, then the terms specified in Schedule C with respect to the applicable jurisdiction(s) (“Jurisdiction Specific Terms”) apply in addition to the terms of this Agreement. In case of any conflict or ambiguity between the Jurisdiction Specific Terms and any other terms of this Agreement, the applicable Jurisdiction Specific Terms will take precedence.

9.1. Superseding Agreement. Unless otherwise agreed to between the parties, Creator acknowledges and agrees this Agreement shall replace any existing data processing agreement or similar document that the parties may have previously entered into in connection with Lions Gate Training Academy, LLC Services.

9.2. Severability. If any one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or un-enforceability will not affect any other provisions of this Agreement, but this Agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this Agreement to be unreasonable.

9.3. Assignments. No one other than a party to this Agreement its successors and permitted assignees (as determined in our Terms of Use) shall have any right to enforce any of its terms.

9.4. Conflicts. In the event of any conflict or inconsistency between any of the terms of this Agreement and our Terms of Use, the provisions of the following documents (in order of precedence) shall prevail: (i) the Standard Contractual Clauses (where applicable); (ii) this Agreement; and (iii) our Terms of Use.

9.5. Updates. Lions Gate Training Academy, LLC may update the terms of this Agreement from time to time, at its sole discretion, provided Lions Gate Training Academy, LLC gives Creator reasonable advance notice of the update. Any additional amendments, change or alteration of this Agreement must be made in writing and duly signed by both Parties in order to become valid and effective.

9.6. Notices. Unless otherwise specified in this Agreement, each party giving notice or other communication required or permitted under this Agreement shall use one of the following methods of delivery: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), or email.

9.7. Headings. The descriptive headings of the sections and subsections of this Agreement are for convenience only, and do not affect this Agreement, construction or interpretation.

9.8. Gender/Plural. Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.

10.1. Unless otherwise required by applicable Data Protection Laws, this Agreement shall be governed in accordance with the laws of the State of New York without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the County of New York in the State of New York. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

10.2. Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS. The arbitration will be conducted in New York County, New York, unless Creator and Lions Gate Training Academy, LLC agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Lions Gate Training Academy, LLC’s Processing of Creator Data under this Agreement shall be in accordance with this Schedule A.

1.Subject matter of Processing: Creator Data, as defined in this Agreement.

2.Duration of the Processing: Lions Gate Training Academy, LLC will store Creator Data in accordance with Section 3.6 of this Agreement (Term and Termination)

3.Nature and Purpose of the Processing: Lions Gate Training Academy, LLC provides an open online content creation platform and additional services and tools to allow Creators to offer courses and other services to their Students. Creators may upload, submit, or otherwise provide Creator Content to the Lions Gate Training Academy, LLC Platform in connection with their use of Lions Gate Training Academy, LLC Services.

Lions Gate Training Academy, LLC will process any personal data that is included in Creator Content (“Creator Data”) only in accordance with Creator’s documented instructions, including to (i) provide Lions Gate Training Academy, LLC Services, in accordance with our Terms of Use; (ii) to comply with any other reasonable instructions provided by Creator that are consistent with our Terms of Use; and (iii) to comply with any applicable law.

4.Data Subjects and Categories of Personal Data

A Creator may upload, submit, or otherwise provide certain personal data to the Platform, the extent of which is typically determined and controlled by the Creator, in its sole discretion. The type of data subjects and categories of personal data included will depend on the nature of the Creator Content, and may include personal data about the Creator and/or third parties, such as biographical and contact information.

Schedule B: Security Measures

The Security Measures applicable to the Lions Gate Training Academy, LLC Platform may be updated from time to time in accordance with Section 5.1 of this Agreement.

1. The definitions of: “controller” includes “Business”; "Sub-Processor" includes “Service Provider”; “data subject” includes “Consumer”; “personal data” includes “Personal Information”; in each case as defined under the California Consumer Privacy Act ("CCPA").

2. Lions Gate Training Academy, LLC’s obligations regarding data subject requests, as described in Section 4 of this Agreement, apply to Consumers’ rights under the CCPA.

3. For this “California” section of Schedule C only, Creator’s documented instructions shall include, in addition to the purposes set out in Section 2.2, processing of Creator Data as may be permitted for “service providers” under CCPA.

4. Lions Gate Training Academy, LLC agrees not to (i) sell (as defined by the CCPA) Creator Data or Student Data or (ii) retain, use, or disclose Creator Data outside of the scope of this Agreement and our Terms of Use.