1. Overview
AIVA Learning, LLC ("AIVA") is committed to full compliance with all applicable federal, state, and international regulations governing electronic communications, data privacy, and online services. This page describes our compliance framework and your rights under applicable law.
2. CAN-SPAM Act Compliance (15 U.S.C. § 7701 et seq.)
All commercial email communications from AIVA comply with the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. Specifically:
- Accurate Header Information: All emails from AIVA accurately identify the sender and originating domain.
- No Deceptive Subject Lines: Subject lines accurately reflect the content of the email.
- Identification as Advertisement: Commercial emails are clearly identified as advertisements where required.
- Physical Address: All commercial emails include our valid physical postal address.
- Opt-Out Mechanism: Every commercial email includes a clear and conspicuous opt-out mechanism.
- Prompt Opt-Out Processing: We honor opt-out requests within 10 business days.
- No Third-Party Sharing: We do not share your email address with third parties for marketing purposes.
Transactional Emails: Account confirmations, billing receipts, password resets, and service notifications are transactional in nature and are not subject to CAN-SPAM opt-out requirements, though you may contact us to discuss communication preferences.
3. TCPA Compliance (47 U.S.C. § 227)
AIVA complies with the Telephone Consumer Protection Act (TCPA) for all SMS/text message communications:
- Express Written Consent: We obtain your express written consent before sending any marketing SMS messages.
- Transactional SMS Only Without Opt-In: Without explicit marketing consent, we send only transactional SMS messages (e.g., OTP verification codes, account security alerts).
- Opt-Out: You may opt out of SMS communications at any time by replying STOP to any text message from us.
- Message Frequency: We disclose message frequency at the time of opt-in.
- Message & Data Rates: Standard message and data rates may apply based on your carrier plan.
- No Autodialer Marketing: We do not use automated telephone dialing systems (autodialers) for marketing calls without prior express written consent.
4. FCC Regulations & Electronic Communications
AIVA complies with applicable Federal Communications Commission (FCC) regulations, including:
- 47 CFR Part 64: Regulations governing customer proprietary network information (CPNI) and telecommunications privacy.
- Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001): Electronic consents and agreements obtained through our platform are legally binding and equivalent to written signatures.
- Communications Act of 1934 (as amended): We comply with all applicable provisions governing electronic communications services.
5. Children's Online Privacy Protection Act (COPPA)
AIVA complies with COPPA (15 U.S.C. §§ 6501–6506) and the FTC's COPPA Rule (16 CFR Part 312):
- Our Service is directed to users aged 13 and older.
- We do not knowingly collect personal information from children under 13.
- If we discover we have collected information from a child under 13, we will delete it immediately.
- Parents or guardians may contact us at [email protected] to review, delete, or stop collection of their child's information.
6. Americans with Disabilities Act (ADA) & Web Accessibility
AIVA is committed to making our platform accessible to users with disabilities in compliance with:
- Americans with Disabilities Act (ADA), Title III: We strive to ensure our website is accessible to individuals with disabilities.
- Web Content Accessibility Guidelines (WCAG) 2.1 Level AA: We work toward compliance with WCAG 2.1 AA standards.
- Section 508 of the Rehabilitation Act: We aim to meet Section 508 standards for electronic and information technology.
If you experience accessibility barriers, please contact us at [email protected] and we will work to provide an accessible alternative.
7. Federal Trade Commission (FTC) Compliance
AIVA complies with FTC regulations and guidelines, including:
- FTC Act Section 5: We do not engage in unfair or deceptive acts or practices.
- FTC Endorsement Guides: Any testimonials or endorsements on our platform reflect genuine user experiences.
- FTC AI Guidance: We disclose the AI-generated nature of our educational content.
- Subscription Cancellation: We provide clear, simple cancellation mechanisms in compliance with FTC's "click to cancel" requirements.
8. State-Specific Regulatory Compliance
California
- California Consumer Privacy Act (CCPA) / CPRA: See our Privacy Policy for full CCPA rights.
- California Automatic Renewal Law (ARL): We clearly disclose subscription terms, automatic renewal conditions, and cancellation procedures before you subscribe.
- California Online Privacy Protection Act (CalOPPA): We post this Privacy Policy and honor Do Not Track signals for analytics.
Other US States
We comply with all applicable state consumer protection laws, including but not limited to:
- New York SHIELD Act (data security)
- Illinois BIPA (biometric information — we do not collect biometric data)
- Texas, Virginia, Colorado, Connecticut, Florida, Montana, Oregon, and Texas privacy laws
- All state automatic renewal and subscription laws
- All state consumer protection statutes prohibiting unfair or deceptive trade practices
9. International Regulatory Compliance
European Union & UK (GDPR / UK GDPR)
- We process EU/UK personal data in compliance with GDPR (Regulation (EU) 2016/679) and UK GDPR.
- We rely on Standard Contractual Clauses (SCCs) for international data transfers.
- EU/UK users have rights to access, rectification, erasure, portability, and objection.
- We comply with the EU ePrivacy Directive (Cookie Law) for cookie consent.
Canada (PIPEDA / Quebec Law 25)
We comply with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and Quebec's Act Respecting the Protection of Personal Information in the Private Sector (Law 25).
Australia (Privacy Act 1988)
We comply with the Australian Privacy Act 1988 and the 13 Australian Privacy Principles (APPs).
Brazil (LGPD)
We comply with Brazil's Lei Geral de Proteção de Dados (LGPD) for Brazilian users.
Other Jurisdictions
We make good-faith efforts to comply with applicable privacy and electronic communications laws in all jurisdictions where our users are located.
10. Consent Records & Audit Trail
AIVA maintains comprehensive records of user consent for regulatory compliance purposes:
- What We Record: Timestamp of consent, IP address, browser/device information, specific consent items agreed to, and the full text of the consent at the time of agreement.
- Retention: Consent records are retained permanently as required by FCC regulations and applicable law.
- Purpose: These records protect both users and AIVA in the event of regulatory inquiry or legal dispute.
- Access: Users may request a copy of their consent records by contacting [email protected].
11. Reporting Compliance Issues
If you believe AIVA has violated any applicable law or regulation, or if you have a compliance concern, please contact us:
- Compliance Email: [email protected]
- Response Time: We will acknowledge your report within 5 business days and provide a substantive response within 30 days.
You also have the right to file complaints with applicable regulatory authorities, including:
- FTC: ftc.gov/complaint
- FCC: fcc.gov/consumers/guides/filing-informal-complaint
- Your State Attorney General
- EU/UK: Your national Data Protection Authority