This document explains how we collect, use, and disclose the data that you provide online and offline in connection with the installation and use of our Product. These terms only relate to your use of our Product and to information that you upload to and exists on the account you create with us.

1.1. Personal Data.

1.1.1. “Personal Data” is information that identifies an individual or relates to an identifiable individual.

1.1.2. The only Personal Data we collect consists of only what you directly provide to us and is necessary to communicate with you or provide access to our services, including, names, account details, and any related contact information (such as physical or electronic addresses).

1.1.3. Although our Product grants access to our tools, you and your Authorized Users will interact with them through printed copies. Accordingly, we collect no Personal Data related to any assessments you perform through our tools. The security of those assessments and any related information is up to you.

1.2. Other Information.

1.2.1. As is common with most online product/service providers, we may also collect Other Information through your use of our Product or its related services. This “Other Information” is any information that does not reveal a person’s specific identify or does not directly relate to an identifiable individual, such as: browser and device information; online usage data; information collected through cookies, pixel tags, and other technologies; demographic information and other information you provide that does not reveal a person’s specific identity; and survey responses and similar information which reveals views and preferences but which does not reveal a person’s specific identity.

1.2.2. If we are required to treat Other Information as Personal Data under applicable law, then we may use and disclose it for the purpose for which we do so for Personal Data as detailed in Sections 1.3 and 1.4 below.

1.3. Collection of Personal Data and Other Information.

1.3.1. When we collect Personal Data, we receive it directly from you when:

(a) we license our Product to you;

(b) when you sign up for and use the services we provide through our Product; and/or when

(c) we communicate with you in order to provide our services or respond to you when you contact us.

1.3.2. When we request Personal Data from you, we provide notice of our privacy and data protection policies. When we provide you this notice, we also give you ways to accept these terms (such as the check box for this Agreement). By accepting these terms, you consent to what we’ve described as our collection and use of the information you provide to us in response.

1.3.3. When you otherwise choose to communicate Personal Data to us (when communicating with one of our coaches, for example), you acknowledge that your provision of this Personal Data is your consent to our collection and use of this information for the purposes of communicating with you and providing any resulting services.

1.3.4. Please note that we do not require or request that any user names or emails created or used under this license or through our Product and its related services contain Personal Data. Furthermore, you acknowledge that should you or any Authorized Users provide emails or user names containing Personal Data that are associated with this license or the use of the Product and its related services, they do so at their own risk.

1.3.5. Through Talent LMS, the third-party hosting service we use for our Product, and Zoho One, the third-party customer-relationship management service we use for our Product, we may, directly or indirectly collect and store Other Information regarding your use of the Product and about equipment on which the Product is installed or through which it otherwise is accessed and used.

1.3.6. We may use the Personal Data and Other Information you provide to us or that we collect for any purpose related to your use of the Product, including but not limited to:

(a) providing the Product and its related services to you, including analytics related to Authorized User use of the Product;

(b) communicating updates and other news to you via email;

(c) responding to direct inquiries;

 

(d) improving the performance of the Product or developing updates;

(e) verifying your compliance with the terms of this Agreement and enforcing our rights, including all Intellectual Property Rights in and to the Product; and

(f) anonymizing information regarding your use and/or any Authorized Use for statistical use in industry reports that we may share with you and others to better understand how the Product is used and applied.

1.3.7. We do not sell any of your Personal Data to third parties.

1.4. Other Uses or Disclosures.

1.4.1. We may use and disclose Personal Data that we believe to be necessary or appropriate: to comply with applicable laws, regulations and/or regulatory authorities, and courts, all of which may be outside of the country in which we are located. We may also use and disclose Personal Data that we believe to be necessary or appropriate to protect our rights, privacy, safety, property, and/or that of our affiliates, you yourself, or others.

1.4.2. We may use, disclose, or transfer Personal Data to a third party (a) in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business or assets (including in connection with any bankruptcy or similar proceedings) and/or (b) to third parties as you request.

1.5. Data Protection Considerations for European Licensees. We understand that, from time to time, individuals located in the EU and greater European Economic Area will be interested in using our Product. As occasional as this may be, we still take the privacy rights of these individuals and our efforts to protect them seriously. Accordingly, if you are an EU citizen or an entity that will have EU citizens designated as Authorized Users, we will work with you to address your privacy rights directly in our Service Agreement with you to ensure that your rights are protected in an appropriate manner.1.6. Choices and Access.

1.6.1. You may opt-out from receiving electronic marketing communications from us by emailing [email protected]. We will try to comply with your request(s) as soon as reasonably practicable. We, however, may still send you important administrative, service, or transaction-related messages.

1.6.2. If you would like to request to review, correct, update, suppress, restrict, or delete any Personal Data that you have previously provided to us, please contact [email protected]. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.

1.7. Sensitive Information. We do not collect sensitive Personal Data in connection with the Product. Please do not send us any sensitive Personal Data, such as information related to racial or ethnic origin, political opinions, religious or philosophical beliefs, health, biometric or genetic characteristics, criminal background, or trade union membership.

1.8. Use of the Product by Minors. The Product and any related services are not directed to individuals under the age of 18, and we do not knowingly collect Personal Data from individuals under 18.

1.9. Updates to Our Privacy Policies. We may change our privacy policies and practices from time to time. When we make changes that affect your rights under this Agreement, we will notify you directly. Otherwise, we are free to make other changes at any time and for any reason, and your notice of these changes will be through our Product and your acceptance of these non-material changes will be your continued use of our Product.

1.10. Please note that you may request that we take certain actions involving the information that you directly provide to us. You may request that we provide you with access to this information, update it, and/or delete it by emailing [email protected]. You may also revoke the consent you have given us to use your Personal Data by emailing the same address; however, this does not affect information that has already been processed or our ability to respond to your direct request. Additionally, you acknowledge that revoking consent will materially affect our ability to provide its services through the Product.

1.11. California Privacy Rights. California Civil Code Section §1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email to priv[email protected]

1.12. Contact Information. We take our responsibilities for the collection, use, and disclosure of your Personal Data seriously. To ask questions or comment about the privacy-related policies and practices in this Section, please contact us at priv[email protected]