Privacy Policy

1 . Introduction

Welcome to Positive Intelligence’s (“we”, “us”, “our”) official website (the “website” or “site”). 

We know that you care how information about you is used and shared and we are committed to safeguarding the privacy of your information. This Privacy Policy describes how we use the information we collect from you when you use our website, apps, and other digital and online services (collectively, the “Services”).

The Privacy Policy is part of our Terms of Service, which govern your use of the Services. Any capitalized terms that are not defined in this Privacy Policy shall have their meaning described in the Terms of Service. By using the Services, you agree that your use of the Services is governed by this Privacy Policy and our Terms of Service.

Except as expressly stated herein, this Privacy Policy does not apply to any third-party applications or technologies that integrate with our Services, or any other third-party products, services, or businesses, or to third-party websites that you access via links or otherwise while using the Services (“Third-Party Platforms”).  This Privacy Policy does not apply to data collected from, or provided by you to, Third-Party Platforms, and instead such data is subject to the practices of the provider(s) of the applicable Third-Party Platform(s).  You should review the privacy policies of such Third-Party Platforms (and any other applicable terms and conditions) to determine how your data will be used before sharing any of your data with them.

2. What data do we collect?

We may collect the following information about you:

• Registration Information. In order to access and use certain features, content or functions of the Services, you may be asked to provide certain information, including your name, e-mail, date of birth, and other descriptive information.
• Payment Information. If you make any purchase on or through the Services, your payment information (e.g., credit or debit card type, number and expiration date) and related information (e.g., physical address) may be collected by us and/or our third party payment processors.
• Information You Choose to Provide to Us. We may collect any information you provide to us on or through the Services. For example, we collect any information you provide when you update your user account and profile, participate in surveys, or sign up to receive communications from us.
• User Submissions.  You may have the ability to use the Services to communicate with other users of the Services and post comments to or otherwise interact with certain aspects of the Services that are available to other users. We may collect any information you submit, post, or provide in the course of such activities.Any information, communications, or material of any type or nature that you submit to our Services by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”), is done at your own risk.In the event that we offer a message board, community area or any other interactive features on a Service administered directly by us, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, etc.), and that anything posted or shared in this manner may be viewed by third parties.The Services may also provide you with the ability to send “direct” or “private” messages to certain other users of the Services, including your coach(es) or other users in an accountability group or other category with you, or, if you are a coach, the recipients of your coaching services.  Although we do not actively monitor the content of such communications, they are stored on our Services, and we reserve the right access to the contents of these communications when we determine it is appropriate (for example, to investigate and take appropriate action in response to reports of abusive conduct or other misuse of the Services as further described under the hearing “How do we use the data we collect?”)
  
  Although we take precautions to protect those who use these areas of one of our websites, we encourage you not to give out any personal information in such public forums. Your Submissions can be collected and used by people you do not know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is at your own risk.
• Usage Data and Technical Information. The Services include features that automatically collect certain information to, among other things, assist us in authenticating your usage and/or device, keeping track of your preferences, creating a more tailored user experience, and better serving your particular interests and needs.The Services and/or third parties may use “cookies” (which are small data files containing information about you that is stored on your hard drive), “pixel tags,” and other similar tracking technologies (collectively, “Tracking Technologies”) to collect information automatically as you interact with the Services. Such information may include your Internet protocol (IP) address, network connection type (e.g., WiFi, 4G, LTE), browser type and version, operating system and platform, the average time spent on the Services, pages viewed, content searched for, access times and other relevant statistics, and your interactions with audiovisual content, other users of the Services, and products and services which are offered, linked to or made available on or through the Services. Such information may be collected by us and/or our third-party service providers and partners. You can learn more about the use of cookies on the Services in Section 8 below.

3. How do we use the data we collect?

We may use information we collect for, among other things, the following purposes:

• Notifying you about new features and offerings of the Services, including, but not limited to, news about products and services, promotions, and events;
• Delivery of features, content, services, and products available to you through the Services;
• Contacting you regarding the administration of any features or functions of the Services you have registered to use;
• Sending you information about your relationship or transactions with us;
• Responding to your questions or other requests, including reports of abusive or inappropriate conduct or other misuse of the Services;
• Tailoring your experience on the Services and/or otherwise customizing what you see when you visit and use the Services;
• Saving your account, registration and profile data or other information (so you do not have to re-enter it each time you visit or use the Services);
• Accumulating and reporting aggregate, statistical information in connection with the Services and user activity; 
• Improving our Services and developing new services and products in connection with them (including through the use of aggregated or de-identified data as described further in Section 5); and
• For other purposes disclosed at or before the time you provide us with the information or which are reasonably necessary to provide the Services or other related product and/or service requested.

4. How do we store your data?

We store your data on our secure servers located in the United States of America or, by request, inside the EEA. Any payment transactions are encrypted using Secure Sockets Layer (SSL) technology and all payment information is stored exclusively with our payment processor and never stored on our servers.

While no data transmission over the Internet is 100% secure from intrusion, we maintain reasonable physical, electronic, and procedural safeguards to protect your information in light of applicable industry standards and the nature of the information we receive. However, it is possible that third parties may unlawfully intercept or access transmissions or private communications despite our efforts to prevent this, and we therefore make no guarantees regarding the security of user information.

5. Disclosure of your data

We may disclose your personal information to third parties as follows:

• To  provide services to you. If our service providers (like technology infrastructure hosting providers, or payment service providers) require this information to provide services to us as part of our provision of the Services. We require each of our service providers to agree to maintain the confidentiality of your personal information disclosed and to use personal information received from us only as appropriate to provide the aspects of the Services we have contracted with them to provide.
• To provide services as authorized by you. In some circumstances, based on your specific requests, we may need to disclose your personal information to a third party so that they can provide a service you have requested from such party, or fulfill a request for information from such party. An example of this is our mobile messaging service, which requires us to transmit your number to their platform. It is the responsibility of any third party that you authorize to receive data to protect that information in accordance with applicable laws, and use it only to provide the services or information you have requested.
• To keep you up to date with our products or services. We may share your personal information with third-party advertising partners in order to provide you with more relevant advertisements and marketing communications. This information may include your name, email address and browsing activity on our website. We take appropriate measures to ensure that your personal information is only shared with reputable and trustworthy third-party partners who are committed to protecting your privacy.
• Exchange among coaches and recipients.  Our Services facilitate the exchange of information between coaches and participants in their coaching services.  Accordingly, information provided by participants through our Services in connection with such services is made available to the applicable coaches, and information provided by coaches through our Services is made available to the recipients of the coaching services.
• Legal obligations and enforcement of rights. If we are under a duty to disclose or share your personal information in order to comply with any legal obligation such as to comply with a subpoena, bankruptcy proceedings, similar legal process, or in order to enforce or apply our agreements with you; or to protect the rights, property, or safety of Positive Intelligence, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
• Aggregated/de-identified data.  If any data is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use or disclose such aggregated or de-identified data for any purpose.  For example, we may share aggregated or de-identified data with prospects or partners for business or research purposes, such as statistical analysis, to research trends and predictive analysis, or to develop or improve the Services.
• Changes to our business.  If Positive Intelligence engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of its assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), we may share or disclose data in connection therewith, subject to standard confidentiality obligations.

6. What are your data protection rights?

We want to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

• The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service, but we will not do so where applicable law prohibits it.
• The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request we complete the information you believe is incomplete.
• The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
• The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
• The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
• The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
• The right to opt out of sales – We do not engage in any transactions with respect to personal information that we believe constitutes a “sale” of such information under applicable law.  However, if you are a resident of certain jurisdictions, you may have the right to opt out of future sales of your personal data.

If you would like to exercise any of these rights, please submit a request here. We will respond to your request within a reasonable timeframe and consistent with applicable law.

7. Opting-out of certain uses of information

• User Account Privacy Settings. You may be able to adjust certain privacy, permission and User Account settings by responding to request alerts or notifications that may be presented to you on your device prior to or following the collection of the relevant information or by navigating to the settings, account or privacy section (as the case may be) of your device or the applicable Third-Party Platform and limiting certain Service functionality (e.g., location services, etc.). Please be aware that if you limit the collection of certain information, you may not be able to use all of the features and functionality of the Services.

• Marketing and Promotional Communications. You may be presented with the option of whether to subscribe to receive, or be automatically entered to receive, certain marketing and promotional communications, including by text message, from us. Recipients of such communications can unsubscribe by either following the specific instructions included in such communications or you may “opt-out” of receiving marketing and promotional emails from us at any time by or by submitting a request here detailing your privacy request.
  
  Additionally, some of the advertising and marketing you encounter on the Web or in applications on your mobile device are tailored to your interests and based on your activity online or in the applications on your mobile device. You can learn more about Interest-Based Advertising and how to opt-out of personalized messaging here.
  
  Recipients of text messages may “opt-out” of any of our mobile messaging programs by replying “STOP” to any mobile message you receive from us, or by contacting us via the means provided above and clearly communicating your intent to unsubscribe from our mobile messaging program.
  
  Please note that in order to keep you informed about the operation of our Services, we may always send you announcements that are needed for the proper functioning and administration of our Services. 

8. Cookies

We want our Services to be simple, useful and reliable. When you use our Services, we may collect information from you automatically through cookies, small text files placed on your computer to collect standard Internet log information and visitor behavior information. 

Cookies cannot be used to identify you personally and are used to improve services for you, for example by:

• Keeping you signed in
• Understanding how you use our website
• Saving your preferences like language choice

For further information, visit allaboutcookies.org.

You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

9. What types of cookies do we use?

There are a number of different types of cookies. Our Services use:

• Functionality – We use these cookies to recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
• Advertising – We use these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Our Company sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

10. Privacy policies of other websites

Our Services contain links to other websites. Our privacy policy applies only to our Services, so if you click on a link to another website, you should read their privacy policy.

11. Data collection from children

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Services. Individuals under the age of 18, or the applicable age of majority, may utilize the Services only with the involvement and consent of a parent or legal guardian.

We comply with the Children’s Online Privacy Protection Act of 1998. We do not knowingly contact or collect personal information from children under the age of 13 without appropriate parental notice and consent, and our Services are not intended to solicit information of any kind from children under the age of 13. If we are informed that we have unintentionally received personal information from a child under the age of 13, we will delete that information. 

If you want to notify us of our possible receipt of information by children under the age of 13, please contact us at [email protected].

12. Your California privacy rights

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options, such as your right to opt-out (which we may sometimes refer to as “unsubscribing”) or opt-in for use of your information by third parties for marketing purposes. 

Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your information for marketing purposes during the preceding year.

If you are a California resident and wish to request information about how to exercise your third party disclosure choices under the Civil Code, please submit a request here. All requests must include “California Privacy Rights” in the comments. For all requests, please clearly state your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Additionally, the California Consumer Privacy Act (CCPA) allows California residents to request access to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared.  Your relevant rights as provided under this Privacy Policy are also set forth above in Section 6 (“What are your data protection rights?”).  

Our receipt, use, and disclosure of information covered by the CCPA is set forth in this Privacy Policy (in particular as set forth in Sections 2 through 5).  To submit a request pertaining to your CCPA rights, you may submit a request here.

13. Your European data protection rights

If you are in the EEA, Switzerland, or the UK, your rights in relation to your personal data processed by us as a controller are set forth above in Section 6 (“What are your data protection rights?”).  

You also have the right to lodge a complaint to a data protection authority. For more information, please contact your local data protection authority.

If you have any other questions about our use of your personal data, please submit a request here. Please note that we may ask that you provide us with additional information in order to confirm your identity and ensure that you are entitled to access the relevant personal data.

Legal basis for processing personal data

We only use your information in a lawful, transparent, and fair manner. Depending on the specific personal data concerned and the factual context, when Positive Intelligence processes personal data as a controller for individuals in regions such as the EEA, Switzerland, and the UK, we rely on the following legal bases as applicable in your jurisdiction:

• As necessary for our contract: When we enter into a contract directly with you, we process your personal data on the basis of our contract in order to prepare and enter into the contract, as well as to perform and manage our contract to provide our Services). If we do not process your personal data for these purposes, we may not be able to provide you with all Services and products available to you through the Services;
• Consistent with specific revocable consents: We rely on your prior consent in order to utilize cookies to engage advertising and analytics partners to deliver tailored advertising and analysis of our website usage. You have the right to withdraw your consent at any time by visiting our cookie management tool, available Cookies Settings;
• As necessary to comply with our legal obligations: We process your personal data to comply with the legal obligations to which we are subject for the purposes of compliance with EEA laws, regulations, codes of practice, guidelines, or rules applicable to us, and for responses to requests from, and other communications with, competent EEA public, governmental, judicial, or other regulatory authorities. This includes detecting, investigating, preventing, and stopping fraudulent, harmful, unauthorized, or illegal activity (“fraud and abuse detection”) and compliance with privacy laws;
• To protect your vital interests or those of others: We process certain personal data in order to protect vital interests for the purpose of detecting and preventing illicit activities that impact vital interests and public safety, including child sexual abuse material; and
• As necessary for our (or others’) legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms, which require protection of personal data: We process your personal data based on such legitimate interests to (i) enter and perform the contract with the account owner and/or reseller providing you with the Services (which includes billing, compliance with contractual obligations, and related administration and support); (ii) develop, test, and improve our products and Services; (iii) ensure authentication, integrity, security, and safety of accounts, activity, and Services, including detect and prevent malicious conduct and violations of our terms and policies, prevent or investigate bad or unsafe experiences, and address security threats; (iv) send marketing communications, advertising, and promotions related to the Services; and (v) comply with non-EEA laws, regulations, codes of practice, guidelines, or rules applicable to us and respond to requests from, and other communications with, competent non-EEA public, governmental, judicial, or other regulatory authorities, as well as meet our corporate and social responsibility commitments, protect our rights and property and the ones of our customers, resolve disputes, and enforce agreements.

14. International usage

Positive Intelligence operates globally, which means personal data may be transferred, stored (for example, in a data center), and processed outside of the country or region where it was initially collected where Positive Intelligence or its service providers have customers or facilities.

If you visit, access, interact with, and/or otherwise use the Services from a location outside the United States, please be advised that any information you provide in connection with any such activity may be processed in and/or transferred to the United States of America and/or other territories and locations, where privacy protections may not be as comprehensive as those in the territory or location where you interact with or otherwise use the Services. By using the Services, you affirmatively consent to the transfer, use, disclosure, provision, and other administration of your information as described herein.

We protect your personal data in accordance with this privacy policy wherever it is processed and take appropriate contractual or other steps to protect it under applicable laws. Where personal data of users in the EEA, Switzerland, or the UK is being transferred to a recipient located in a country outside the EEA, Switzerland, or the UK, we ensure that the transfer is governed by the European Commission’s standard contractual clauses. 

15. How to contact us

If you have any questions about our privacy policy, your personal data, or you would like to exercise one of your data protection rights, please contact us at [email protected].

16. Changes to our privacy policy

From time to time, we may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice in the Services. 

We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Services after we post a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. 

This Privacy Policy is effective and was last updated on May 12, 2023.