Privacy Policy

Effective 12.20.2019

Welcome!

Please review this Privacy Policy (the “Policy”) to understand how we collect, use, and share your personal data, as well as your choices and rights with respect to that personal data.

 

Who We Are

This is the Policy of Unleesh, LLC (“us,” “our,” or “we”). Unleesh, LLC is the data controller for Personal Data processed pursuant to this Policy. Note, we act as a processor for our Clients in some cases, and when Personal Data is processed by or on behalf of the Client, the Client will be the Controller of that Personal Data. You can contact us using the contact information below.

 

Applicability

This Policy applies to our “Services” which include:

  • our Unleesh mobile application(s) (“App(s)”);

  • our Unleesh website at www.unleesh.com (including any subdomains or websites where this Policy is posted) (each, a “Site”);

  • our platform that allows control and use of the App (“Platform”); and

  • our other Unleesh services.

 

Agreement

This Policy is incorporated into the Terms of Use document governing your use of our Services. Any capitalized terms not defined in this Policy will have the definition provided in our Terms of Use.

Your use of our Services indicates your acknowledgement of the practices described in this Policy.

 

Third Parties

We provide the Platform and process information relating to third parties that have entered into a subscription or services agreement with us (our “Clients”), and in relation to the Client’s authorized users of the Services (“Authorized Users”).

This Policy reflects only how we process Personal Data through our Services. This Policy does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party Services unless we process information from those parties. Please review the relevant third party’s privacy policy for information regarding their privacy practices.

 

Collection and Use of Personal Data

Personal Data We Collect

 

In order to provide our Services, we may collect and process information that relates to identified or identifiable individuals (“Personal Data”). We collect and process the following categories of Personal Data (note, specific Personal Data elements are examples and may change):

  • Identity Data: Personal Data about you and your identity, such as your name, username, profile data, employer information, and other Personal Data you may provide when you register for our Services or as part of an account profile.

  • Contact Data: Personal Data used to contact an individual, e.g. email address, physical address, or phone number.

  • Inference Data: Personal Data inferred about personal characteristics and preferences, such as demographics, interests, behavioral patterns, psychological trends, predispositions, or behavior.

  • Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session history and similar browsing metadata, and other data generated through applications and browsers, including via cookies and similar technologies.

  • Location Data: Personal Data relating to your precise location, such as information collected from your device’s GPS, Wi-Fi network, cell towers, or other precise localization or augmented reality system active on your device.

  • User Content: Personal Data included in content provided by users of the App and Platform (such as user-generated posts, pictures, audio, or other content). “Paths” created through use of specific learning pathways for an Authorized User are also User Content.

How We Collect Personal Data

We collect Personal Data from various sources based on the context in which the Personal Data will be processed:

  • Data you provide to us: You may provide us with Personal Data directly, for example, when you provide your information and register for an account.

  • Data we create or infer: We (or third parties operating on our behalf) create and infer Personal Data (such as Inference Data or Aggregate Data) based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.

  • Data we receive from others: We receive Personal Data from third parties with whom we have a relationship in connection with a certain transaction, for example, we may receive certain Personal Data when a Client signs up for our Services and provides a list of Authorized Users.

  • Data collected automatically: We (or third parties operating on our behalf) may collect certain Personal Data automatically, for example,

  • Device/Network Data is typically collected automatically through the use of cookies and similar technologies used on our Site.

How We Process Personal Data

App and Platform Registration and Use

Clients and Authorized Users may register and create an account (for themselves or on behalf of other Authorized Users) on our App or Platform. If you choose to register, we generally collect and process Identity Data, Device/Network Data, and Contact Data. We may also collect certain User Content from you, for example, in response to a request for data, information, questionnaire responses, file uploads, or similar matters. We use this data as necessary to create, maintain, and provide you with important information about your account, and to otherwise provide the services and features Clients or Authorized Users request. We may also use your Contact Data as necessary to contact you with important information about your account or our Service.

 

Using the App and Service

We generally process Identity Data, Inference Data Contact Data, Device/Network Data, and Inference Data when you use our Service, and we may also process Location Data if you enable location services. We generally use this as necessary to provide the services, features, and content you request, to track your progress, to personalize your content and learning paths (including through the creation and use of relevant Inference Data.) When you allow the processing of Location Data, we use that information to customize your content, personalize the services, and as otherwise necessary to deliver location-enabled features or services.

 

Marketing Communications

We may process Identity Data, Inference Data, and Contact Data in connection with email marketing communications (such as emails), which you might receive if you register for an account on our Platform, choose to receive marketing communications, or engage in a transaction allowing us to send you those marketing communications. We may also collect Device/Network Data when you open or interact with those marketing communications. We use this data as necessary to customize, deliver, and otherwise process marketing communications, and in order to tailor certain communications to individuals’ preferences and requests. We process Device/Network Data from devices receiving those marketing communications as part of our business interest in understanding whether our emails are opened or other aspects of engagement with such marketing communications.

 

Contact Us

When you contact us through the Service, we process certain Personal Data such as Identity Data, Location Data, Device/Network Data, and any Personal Data within a “Contact Us” form on our Services or otherwise contained within any User Content you provide when contacting us. We use primarily use this data as necessary to communicate with you about the subject matter of your request and related matters.

 

Cookies and Similar Tracking Technologies

We, and certain third parties, may process Identity Data, Contact Data, Location Data, and Device/Network Data when you interact with cookies and similar technologies on our Services. We may receive this data (or Aggregated Data, defined below, which is derived from it) from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may also apply to these technologies and the Personal Data collected through them. Subject to Your Rights & Choices, we may use this information as follows:

  1. for “essential” or “functional” purposes, such as to enable certain features of the Services, or keeping you logged in during your session;

  2. for “analytics” and “personalization” purposes, consistent with our business interest in how the Services are used or perform, how users engage with and navigate through our Services, what sites users visit before visiting the Services, how often they visit the Services, and other similar information, as well as to greet users by name and modify the appearance of the Services to reflect usage history, tailor the Services based on geographic location or Client, and understand characteristics of users in various technical and geographic contexts; and

Note: Some of these technologies can be used to identify you across platforms, devices, sites, and services.

 

Business and Commercial Purposes of Processing

We process Personal Data for numerous purposes in connection with our business, for example we process your Personal Data:

  • To provide, improve, and secure our products and services

  • To fulfill our contractual obligations to you

  • For customer service and workforce training/development

  • To personalize the Service and make it more relevant to you

  • To comply with the law, and in the public interest

Please see below for more information regarding the purposes for which we process your Personal Data.

 

Service Provision and Contractual Obligations

We process any Personal Data as is necessary to provide the Service, authenticate Users and their rights to access the Service, and as otherwise necessary to fulfill our contractual obligations to you, and provide you with the information, features, and services you request.

 

Internal Processes and Service Improvement

We may use any Personal Data we process through our Service as necessary in connection with our legitimate business interests in improving the design of our Service, understanding how are Services are used or function, for customer service purposes, in connection with logs and metadata relating to service use, and for ensuring the security and stability of the Service. Additionally, we may use Personal Data to understand what parts of our Service are most relevant to Users, how Users interact with various aspects of our Service, how our Service performs or fails to perform, etc., or we may analyze use of the Service to determine if there are specific activities that might indicate an information security risk to the Service or our Users. This processing is subject to Users' rights and choices applicable to processing performed in accordance with our legitimate business interests.

 

Aggregate Analytics

We process Personal Data (including Location Data in pseudonymized or de-identified form) as necessary in connection with our legitimate business interests in creating aggregate analytics about how our Service is used and performs, to understand which aspects of our products and Service are most relevant to Users, and to create other reports regarding the use of our Service, demographics of our Users, and other similar information and metrics. The resulting aggregate data will not contain information from which an individual may be readily identified. This processing is subject to Users' rights and choices applicable to processing performed in accordance with our legitimate business interests.

 

Personalization

We process Personal Data as necessary in connection with our legitimate business interest in personalizing the Service. For example, the Service may be customized to you so that it displays your name and other appearance or display preferences, to display content that you have interacted with in the past, or to display content that we think may be of interest to you based on your interactions with our Service and other content. This processing may involve the creation and use of Inference Data relating to your preferences. This processing is subject to Users' rights and choices applicable to processing performed in accordance with our legitimate business interests.

 

Marketing Communications

We use Personal Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or purchase Service from us. We may also process Device/Network Data and Contact Data when you interact with our communications in connection with our interest in understanding communication response and open rates.

 

Compliance, Health, Safety & Public Interest

Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data subject to the Policy for purposes determined to be in the public interest or otherwise required by law. For example, we may process information as necessary to fulfil our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest or as required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.

 

Other Processing of Personal Data

If we process Personal Data in connection with our Service in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Users' rights and choices) unless otherwise stated when you provide it.

 

Data Sale

For purposes of the California Consumer Privacy Act, we do not sell your Personal Data.

 

Data Sharing

Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer data to the categories of recipients or in connection with specific business purposes, each described below.

 

Clients

We process data on behalf of Clients, and may share your Personal Data with Clients to the extent such information was provided to us for processing on the Client’s behalf, or in the event the Client has a legitimate business purpose for receiving the information. For example, Authorized Users’ account information (for example name and email) may be made available to the relevant Client when necessary to document use of the App for the Client, or as appropriate to ensure the security of Client accounts.

 

Service Providers

In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other lawful business interests, we may share your Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Services or disclose information as part of our own internal operations, such as security operations, internal research, etc.)

When we disclose information to service providers for business purposes we may disclose: Identity Data, Contact Data, Location Data, Device/Network Data, and User Content.

 

Corporate Events

Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.

 

Affiliates

In order to streamline certain business operations, to share promotions and content we believe would be of interest to you, and to develop products and services that better meet the interests and needs of our customers, we may share your Personal Data with any of our current or future, subsidiaries, parent companies, and other affiliates.

 

Legal Disclosures

In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use or commercial agreements, or in the vital interests of us or any person. Note that these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.

 

Your Rights & Choices

Your Rights

To the extent required under applicable law, and subject to our rights to limit or deny your request under applicable law, you may have the following rights in your Personal Data. You may exercise your rights by contacting us at the address below.

  • Access: You may receive a list of your Personal Data that we process, and a list of the third parties (or categories of third parties) with whom we have shared data, to the extent required and permitted by law. You may be able to access much of the Personal Data we hold about you directly using the account settings menu.

  • Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law. You may be able to make changes to much of the information you provided to us using the account settings menu

  • Erasure: To the extent required by applicable law, you may request that we delete your Personal Data from our systems

  • Data Export: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.

  • Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.

  • Regulator Contact: You have the right to contact or file a complaint with regulators or supervisory authorities about our processing of Personal Data. Your appropriate local data protection or consumer protection authority varies based on your location and jurisdiction.

  • California Rights: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. Upon receipt of a verifiable request, you may also request that we provide you a copy of your Personal Data, direct us to stop selling or disclosing Personal Data for certain purposes (if we have done so), and receive information regarding: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties with whom we have disclosed your Personal Data, or sold, or disclosed it for a business purpose (if any); and (5) the specific pieces of Personal Data we have collected about you. You have the right not to be discriminated against in connection with the exercise of rights under the CCPA. See below for more information regarding your right to know how we process certain categories of Personal Data.

 

You may exercise these rights by contacting us at the address below and submitting a request. We respond to only verifiable requests, and we may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to verify your identity.

Note: We are able to fulfill rights requests regarding Personal Data that we control or process. We may not have access to or control over Personal Data controlled by third parties, including our Clients. Please contact the third party directly to exercise your rights in third party-controlled information.

 

Your Choices

It is possible for you to use portions of our Service without providing any Personal Data, but you may not be able to access certain features or view certain content. To the extent required under applicable law, and subject to our rights under applicable law, you may have the following choices regarding the Personal Data we process.

  • Location Data: Location Data may be processed through our Platform in some cases. You may disable our use of location services through the settings menu of your application. If you choose to disable location services, you may be unable to use certain features of the Platform.

  • Consent: If you consent to processing, you may withdraw your consent at any time. You may be required to close your account in order to withdraw consent where your consent is necessary to perform essential aspects of our Services.

  • Direct Marketing: You have the choice to opt-out of or withdraw your consent to marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us using the information below re: direct marketing.

  • Automated Decisionmaking: To the extent we process Personal Data using automated means where such processing has legal or similarly significant effects (if any), or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.

  • Cookies & Similar Tech: If you do not want information collected through the use of cookies and similar technologies, you can manage/deny cookies and certain similar technologies using your browser’s settings menu. You must opt out of the use of some third party services directly via the third party. For example, to opt-out of Google’s analytic and marketing services, visit Google Ads Privacy Policy, or Google Analytics Opt-out. To learn more about how to opt out of Google’s use of cookies for advertising or retargeting, visit Google’s Ads Settings, here. You may also opt out of certain online advertising through industry association tools, such as the NAI Opt Out or AdChoices. Please note, at this time, our Services do not respond to your browser’s do-not-track request.

  • Objection to Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes, including without limitation, situations where we process in accordance with our business interests. You may do so by contacting us using the information below re: data rights requests. Note that we may not be required to cease processing based solely on your objection.

 

Verification of Requests

All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you log in to your account, or verify that you have access to your account or the email on file in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.

Security

We implement and maintain reasonable security measures to safeguard the Personal Data you provide us. However, we sometimes share Personal Data with third parties as noted above, and though we may enter contracts to help ensure security, we do control third parties’ security processes. We do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.

 

Data Retention

We retain information for so long as it, in our discretion, remains relevant to its purpose, and in any event, for so long as is required by law. We will review retention periods periodically, and may sometimes pseudonymize or anonymize data held for longer periods, if appropriate.

 

Minors

Our Services are neither directed at nor intended for use by minors under the age of majority in the relevant jurisdiction. Further, we do not knowingly collect Personal Data from such individuals. If we learn that we have inadvertently done so, we will promptly delete it.

 

International Transfers

We operate and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions under EU law.

 

EU-U.S. Privacy Shield Framework

We comply with the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data from European Union member countries. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU residents’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU residents’ data to the extent required by law.

If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view the certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.

 

We encourage users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-U.S. Privacy Shield Principles, we commit to resolving complaints about your privacy and our collection or use of your Personal Data. EU residents with inquiries or complaints regarding this Privacy Policy should first contact us at the address below. We will respond to complaints from EU residents within 45 days.

 

If any complaints by EU residents cannot be resolved informally, we have agreed to participate in the JAMS dispute resolution procedures pursuant to EU-U.S. Privacy Shield principles. EU residents with unresolved complaints may refer them to JAMS here. Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration. As a U.S. company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.

 

Changes to Our Policy

We may change this Policy from time to time. Please visit this page regularly so that you are aware of our latest updates. Your use of the Services following notice of any changes indicates acceptance of any changes.

 

Contact Us

Feel free to contact us with questions or concerns using the appropriate address below.

General inquires: info@unleesh.com

Physical address:  Unleesh LLC

1211 S Parker Road, Suite 100

Denver CO 80231

 

CCPA Right to Know Disclosures

  • Facebook Reflection
  • Twitter Reflection
  • LinkedIn Reflection

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