Effective Date: (3/10/2023)
Last Updated: (3/10/2023)
This Privacy Notice (the “Notice”) explains how information about you, that directly identifies you, or that makes you identifiable (“personal information”) is collected, used, disclosed, and otherwise processed by Ace-Up Inc., and/or its affiliates and subsidiaries (collectively “AceUp”, “we”, “us”, “our”) in connection with our Services. For purposes of this Notice, “Services” mean: (1) all of the services and product offerings that we offer as a controller, (2) access to, and use of, our website, or (3) any other AceUp product or services that posts or links to this Notice. This Notice describes AceUp’s privacy practices regarding any individuals who visit our website, social media pages, or events and any individuals who use the Services as customers or coaches (“Users”).
AceUp as a Data Controller
This Notice applies only to instances where AceUp acts as a data controller. For purposes of data protection laws, AceUp is the “data controller” (or similar term under applicable laws) and is generally responsible for, and controls, the processing of your personal information collected through your use of our Service. This includes, but not limited to: (a) website visitors, (b) individuals who apply to be a coach through our Services (“Coaches”); and (c) certain information collected from employees or other individuals of our Coachee Organizations (as defined below) (“Coachees”) in connection with such Coachee’s participation in coaching sessions through our Services (“Coaching Services”).
AceUp as a Data Processor
We may process personal information on behalf of the entities who contract with us to provide Coaching Services to Coachees (“Coachee Organization”), which may include personal information about our customers’ end users (“Coachee Organization Data”). In such instances, AceUp acts as a “data processor” (or similar term under applicable laws), and we have contractually committed ourselves to process Coachee Organization personal information on behalf, and under the instruction, of the respective Coachee Organization, who is the data controller. This Notice does not apply to the processing of Coachee Organization Data, and we recommend you read the privacy notice of the respective customer if their processing concerns your personal information.
Types of Personal Information Collected
We may collect personal information from or about you in order to provide, enhance, market, and offer the Services, and to otherwise communicate with you. You are not required to give us all the personal information identified in this Notice; however, if you do not provide requested personal information, we may not be able to provide you with some or all of the Services.
Contact and Demographic Information – If you submit an inquiry, register for an account, or provide information through our Services, we may collect your contact information. This may include your name, email address, billing address, shipping address, and phone number.
Geolocation Data –While navigating the Services, your mobile device or browser may share your location data, both through WiFi and GPS, and IP address or MAC address. We will collect this information based on the settings of your phone and browser.
Usage Information – We may also collect usage and device information when you use the Services. This may include information relating to your Internet activity or other electronic network activity, which includes device information; web server type and version; PHP version; database type and version; cookie information; device information; browsing activities, and platform or mobile application use data; referring domain; destination domain and destination path; performance, security, software configuration and availability of our software on your servers and network; website user statistics and website and portal use and viewing activity records; and communication preferences.
Financial Information – If you make a purchase through our Services, our payment processor will collect your payment information including your name, credit card information, and billing address.
Account Information – We may also collect login credentials, such as your user ID and password.
Coaching Data – We may collect information related to Coachee’s participation in the Coaching Services, such as: length of sessions, number of sessions, number of returning customers, and coaching themes, coaching focus data and questionnaires related to Coaching Services.
Education and Employment Information – If you apply for employment with AceUp or apply to be a Coach, we will collect your employment and work history, as well as other personal information related to your potential employment. This may include your education and employment history, address and contact information, demographic information, and any other information included in your resume or application. More information about what data we collect from Coaches, how we use it, and how we share it is available in Section 7.
Communication Information– We may collect audio, electronic, or visual information, which may include screen sharing views; any data in any files uploaded, emailed or otherwise provided by customers; the contents of your communications with AceUp (or Coaches), whether via e-mail, social media, telephone or otherwise; and inferences we may make from other personal information we collect.
How We Collect Your Personal Information
We May Collect Your Personal Information Directly From You – For example, if you register for an account on the Services, or request or purchase Services, or information from us.
We May Also Collect Personal Information From Third Parties – For example, we may work with business partners, subcontractors, advertising networks, analytics providers, and search information providers, who may provide us with personal information about you.
Through Online Tracking Technologies – We may use or enable cookies, device identifiers, and similar technologies such as pixels, web beacons, and local storage to collect usage and browser information about how you use the Services. We process personal information collected through such technologies to help operate certain features of the Services, to enhance your experience through personalization, and to help us better understand the features of the Services that you and other users are most interested in.
Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Services may not be available, or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings.
Certain third parties may place cookies or other methods on our websites to gather information regarding your use of the website, and may combine the information obtained via these cookies with any personal information about you that they may have. The use of such tracking information by a third party depends on the privacy notice of that third party. We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.
Online Behavioral Advertising. We may use personal information collected via cookies to serve advertisements on our behalf that are customized based on predictions about your interests generated from your visits to our, and third party, websites over time. These advertisements may appear on the Services and on other websites and may be sent to you via email.
To change your preferences with respect to certain online ads or to obtain more information about ad networks and online behavioral advertising, visit National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads. Opting-out of targeted advertising does not opt you out of all ads, just those targeted to you.
How We Use Personal Information
To the extent permitted by applicable law, we may use personal information to:
- operate the Services and provide support to our business functions;
- fulfill customer requests, such as to create an AceUp account or complete customer purchases;
- protect against criminal activity, claims and other liabilities;
- send customers information regarding AceUp and our Services and promotions;
- respond to reviews, comments, or other feedback provided to us;
- support and personalize the Services and our advertising efforts;
- protect the security and integrity of the Services;
- provide customer support;
- the extent required for benchmarking, data analysis, audits, developing new products, enhancing the Services, software and applications development, improving the Services, conducting research, analysis, studies or surveys, identifying usage trends, as well as for other analytics purposes;
- meet our contractual requirements;
- comply with applicable legal or regulatory requirements and our policies;
- communicate with our customers, including to provide them with information about our products, programs, Services and promotions;
- respond to inquiries related to employment and coaching opportunities;
- market, advertise, and provide the Services; and
- the extent necessary for any other lawful purpose for which the personal information is collected.
Sharing Personal Information
We may share your personal information in the following circumstances:
- Within AceUp – We may share your personal information with our affiliates, subsidiaries, and employees.
- Service Providers – When we hire a service provider to help operate the Services or our business, we may give access to personal information as necessary to perform the service for AceUp. This may include service providers that operate our Services, send our communications, or run our promotions.
- Coaches – We share certain personal information about Coachees with Coaches (and vice versa) such as contact information and responses to surveys to facilitate the ability for Coaches to provide the Coaching Services to Coachees.
- Coachee Organizations – If you are a Coachee who is accessing the Coaching Services through a paid subscription through a Coachee Organization (e.g., your employer), we share certain usage data with your sponsoring Coachee Organization, such as data about your usage of the Coaching Services (e.g., the number of sessions you attended, when the session was attended, or date of completion of an assessment). We share this information with your Coachee Organization to ensure a Coachee Organization has the tools necessary to ensure the Coaching Services are being utilized and that they are effective. We do NOT share your assessment or survey responses or your individual coaching sessions with your Coachee Organization. Your Coachee Organization may see de-identified and aggregated analysis from all participating Coachees within your organization as aggregated from your interactions with resources within the Coaching Services and general session topics as identified by your Coach, post-session.
- Mergers, Acquisitions, Divestitures – If we are involved in a merger, acquisition, or any form of transfer or sale of some or all of our business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, personal information may be transferred along with the business. Where legally required we will give you prior notice and, if you have a legal right to do so, an opportunity to object to this transfer.
- Purposes described to you – We may share your personal information for other purposes, as we describe to you and as permitted by applicable law.
- To Business Partners – We may share personal information with our trusted business partners. For example, we may share your personal information with a company when we co-sponsor a promotion or service. These partners and affiliates may use your personal information to, among other things, send your information or contact you about their Services and products.
Data From Coaches
If you are a Coach, we may collect a variety of data from you when you initiate communication with us. This includes any technical support, request for assistance, or when you apply to become a Coach.
We may collect any employment data when you apply to become a Coach and may utilize the data to match you with Coachees. We will collect your personal information based on your resume, CV, cover letter or other materials submitted through our application process, including the interview.
We collect your personal information directly from you and indirectly from the following sources: third-party platforms such as LinkedIn and Indeed, and publicly available sources such as social media sites.
We will use your personal information to assess your skills and qualifications and comply with our onboarding processes.
We may also collect, store and use certain sensitive personal information, such as information about your race or ethnicity, information. We use this information for the purposes of matching Coachees with Coaches, and for our own diversity and recordkeeping purposes.
We do not sell your data that is collected or processed, including any sensitive personal information.
How Long Do We Keep Your Personal Information
We will retain your personal information for as long as necessary to fulfill the purposes for which it has been collected, as outlined in this Privacy Notice, or any longer retention period required by law.
Your Choices and Controls
Depending on where you are located, you may have certain choices about how we use your personal information. To opt-out of marketing communications please email us at firstname.lastname@example.org or by following the instructions included in the email or text correspondence. To exercise other rights with respect to your personal information, please contact us using the information in the “Contacting AceUp” section below.
Please note that, even if you unsubscribe from certain correspondence, we may still need to contact you with important transactional or administrative information, as permitted by law. Additionally, if you withdraw your consent or object to processing, or if you choose not to provide certain personal information, we may be unable to provide some or all of the Services to you.
To exercise other rights with respect to your personal information, please see Section 14.
International Use of the Services
This website, and the Services, are hosted in the United States. If you are visiting this website or the Services from outside of the United States, please note that by providing your personal information it is being transferred to, stored, collected, or processed in the United States, where our data center and servers are located and operated.
The Services are meant for adults, and we will not knowingly collect personal information from any person under the age of 18 without permission from a parent or guardian. The Services are not designed to attract the attention of persons under the age of 18. If you are a parent or legal guardian and think your child has given us their personal information you can email us at email@example.com. You can also write to us at the address listed in the “Contacting AceUp” section of this Notice. Please mark your inquiries “COPPA Inquiry.”
Links to Third Party Websites
We are not responsible for the practices employed by any websites or services linked to or from the Services, including the information or content contained within them. We encourage you to investigate and ask questions before disclosing personal information to third parties, since any personal information disclosed will be subject to the applicable third party’s Privacy Notice.
Individuals in the European Union, European Economic Area, and United Kingdom
The purpose of this section is to provide information and additional provisions that apply regarding AceUp’s processing of personal information of persons located in the European Union (“EU”), European Economic Area (“EEA”), and United Kingdom (“UK”) in accordance with the EU General Data Protection Regulation 2016/679 and the UK Data Protection Act of 2018 (collectively referred to herein as the “GDPR”). THIS SECTION ONLY APPLIES TO YOU IF YOU ARE LOCATED IN THE EU, EEA, OR UK. In the event of a conflict between this section and the remainder of the Privacy Notice, this section shall control for those persons located in the EU, EEA, or UK. Terms used but not defined herein have the same meanings set forth under the GDPR.
Legal Basis for Processing
Our legal basis for processing the personal information described in this Privacy Notice will depend on the personal information concerned and the context in which we process it. We process personal information from you:
- where we need it to perform a contract with you;
- where the processing is in our legitimate interests (including the purposes described, above, in How We Use Personal Information);
- where the processing is necessary for us to meet our applicable legal obligations; or
- if we otherwise have your consent.
We do not process personal information for the purpose of marketing without first obtaining your express, opt-in consent or having a legitimate interest for doing so. You have the right to object to the processing of personal information for marketing purposes at any time by contacting us at firstname.lastname@example.org.
Special Category Personal information
“Special Category Data” is any data that reveals your racial or ethnic origin, political opinions, religious, moral or philosophical beliefs, trade union membership, political views, the processing of genetic data, biometric data for the purpose of identifying a person, and data concerning health or a person’s sex life and/or sexual orientation. Except as set forth in Section 7, the personal information that AceUp collects and processes does not qualify as Special Category Data, and AceUp does not intend to collect any Special Category Data from you.
Automated Decision Making
AceUp does not make any automated decisions on your behalf or about you without first obtaining your express, opt-in consent. In the event we secure your consent to do so, you have the right to object to the processing of personal information via automated decision making at any time by contacting us at email@example.com.
Transfers to Third Parties and Countries
Personal information that we collect or receive may be transferred to and/or processed by third parties that are located outside of the EU, EEA, or UK, some of which EU, EEA and UK authorities may not consider to have an adequate level of protection for personal information. We will only transfer your personal information to third parties located outside of the EU, EEA, and UK when we have ensured appropriate safeguards for such personal information through use of the standard contractual clauses or other methods approved by the EU, EEA, and UK.
Your Privacy Rights
Subject to certain exceptions, you may have the right to:
- Request access to your personal information.
- Request correction of your personal information.
- Request erasure of your personal information. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal information.
- Request restriction of processing of your personal information.
- Request the transfer of your personal information to you or to a third party.
- Withdraw consent at any time where we are relying on consent to process your personal information.
For more information on how to exercise any of these rights, see Section 13(G) below. Depending on where you are located, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning your personal information. We encourage you to first reach out to us so we have an opportunity to address your concerns directly before you do so.
Exercising Your Individual Privacy Rights
You will not be discriminated against in any way by virtue of your exercise of the rights listed below, which means we will not deny goods or Services to you, provide a different prices or rates for goods or Services to you, or provide a different level or quality of goods or Services to you. To exercise your privacy rights under applicable data protection law, please submit a request to us by e-mailing us at firstname.lastname@example.org
We must verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process. We will only use personal information provided in a request to verify the requestor’s identity. If you are an authorized agent making a request on behalf of a California consumer, we will also need to verify your identity, which may require proof of your written authorization or evidence of a power of attorney.
We endeavor to respond to requests within the time period required by applicable law. If we require more time, we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.
We may deny certain requests, or only fulfill some in part, as permitted or required by law. For example, if you request to delete personal information, we may retain personal information that we need to retain for legal purposes.
Storage, Security and Retention of Information
We take reasonable steps to protect the personal information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information. No transmission of information via the Internet can be entirely secure, however, so please always use caution when submitting personal information. We will retain your personal information in compliance with the uses described in this Notice, as well as to comply with our legal, financial reporting, or compliance obligations.
Changes to this Privacy Notice
Please note that we may modify or update this Privacy Notice from time to time, so please review it periodically. We may provide you with an updated Privacy Notice if material changes are made. Unless otherwise indicated, any changes to this Privacy Notice will apply immediately upon posting to the Services.
If you have any questions about this Notice, or the privacy practices of AceUp please email us at email@example.com or write to us at:
55 Court St. FL 2
Boston, MA 02108
Individuals and the data protection supervisory authorities in the EU/EEA and individuals and the data protection supervisory authority (“ICO”) in the UK may also contact our data protection representatives according to Article 27 GDPR:
EU: DP-Dock GmbH, Attn.: AceUp Inc., Ballindamm 39, 20095 Hamburg, Germany
UK: DP Data Protection Services UK Ltd., Attn.: AceUp Inc., 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom