SkillSpring Privacy Policy
Last modified: August 21, 2019
We respect your privacy and are committed to protecting it through our compliance with this Policy. This Policy describes the types of information we may collect from you or that you may provide to us when you use our web-based “connection-as-a-service” platform known in the marketplace as “SkillSpring” (our “Web-Based Service”), or when you use our SkillSpring downloadable mobile and desktop client applications (our “Applications”), and our practices for collecting, using, maintaining, protecting and disclosing that information. We refer to our Web-Based Service and our Applications cumulatively as our “Platform.”
Acceptance
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you can choose not to use our Platform. By accessing or using our Platform, you agree to this Policy. This Policy may change from time to time. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
Our Role
The Platform may be used to connect, via phone, video conference or other supported communication method, individuals who make themselves available to provide information and advice (“Experts”) with individuals who are seeking information or advice (“Consumers”). Experts make themselves available to provide information and advice on behalf of the “Businesses” that employ or engage them to do so, and Consumers make payment to the applicable Business (through the Platform) in exchange for receiving this information and advice. A Business’s SkillSpring account may be managed and operated by an individual that we have agreed to provide with an “Admin User” account (each, an “Admin User”). For clarity, “you” are the individual Expert, Consumer or Admin User who chooses to interact with the Business or other users through the Platform.
The Platform is designed to facilitate communications, payments and workflow between and among (1) Experts and the Businesses that employ or engage them, and (2) Experts and Consumers. Businesses enter into contracts with us permitting them to deploy our Web-Based Service on the Business’s own website or mobile applications. We are merely a service provider to the Business permitting them to use the Platform in their business. We process information that may be collected through your use of the Platform on the Business’s behalf and under the Business’s control and direction, pursuant to our contract with the Business. As between you and us, we will collect and process your information in accordance with this Policy, as part of the services we provide to the Business. However, as between you and the Business, with respect to information about you that the Business obtains through your interactions on the Platform, each Business independently has the right to determine the purposes for which it will process such information and the means the Business will use to process such information. We do not control (and are not responsible for) the applicable Business’s policies and practices relating to the collection, use, maintenance, protection or disclosure of your information. We only control (and are responsible for) our own actions and the actions of our own service providers (in turn), as described in this Policy. We encourage you to review the responsible Business’s privacy policy for more information about how the Business may collect, use, maintain, protect and disclose your information.
Legal Basis for Processing
We have the legal right to use your Personal Information (as defined below) in the ways described in this Policy based on the consent you have provided to the Business (including the consent to permit service providers like us to process your Personal Information on behalf of the Business), or on the need to use the Personal Information to provide you with goods or services that you request from the Business or from us directly, or for the legitimate purposes of furthering the Business’s existing relationship with you or preventing fraud. Accordingly, you have a contractual rather than a statutory obligation to provide such information. If you do not provide such information, you may be unable to use our Platform and we may be unable to provide any goods or services that you request.
Personal Information We Collect and How We Collect It
We may collect several types of information from and about users of our Platform, including information by which you may be personally identified. At this time, the information that we collect by which you may be personally identified is limited to:
· Your name,
· Your email address,
· Your telephone number,
· Your IP address or Mobile Device ID information,
· The screen name or other log-in and authentication information you use with the Platform, and
· (Only if you are a Business or an Expert) information about the payment account you will use to accept payment through the Platform (e.g., the Stripe account you prefer to use) and the Business with which you are associated.
In addition, our secure, third party payment processor may (on our behalf) collect information required for payment for services you receive or provide through the Platform, including credit card numbers, security codes and other financial information (“Payment Information”). All of this information (including Payment Information) is cumulatively referred to in this Policy as “Personal Information.”
We collect this information when you provide it to us directly through the Platform, such as when you fill out and submit web forms on the Platform (e.g., creating an account or filling out the “contact us” form to request information or assistance with the Platform). We will also retain records and copies of your correspondence (including email address), if you contact us directly to request information about the Platform or support services in connection with your use of the Web-Based Service and/or the Applications.
How We Use Your Personal Information
We may use Personal Information that we collect about you or that you provide to us:
· To authenticate users attempting to access the Platform to receive or provide information or advice from other users.
· To provide our Platform to you.
· To provide you with information or services that you request from us.
· To notify you about changes to our Platform or services we offer or provide through it.
· To provide you with marketing and promotional information about our own products and services that we offer to our customers.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, such as our SkillSpring End User License Agreement, and for billing and collection purposes.
· In any other way that we describe when you provide the information, to fulfill any other purpose for which you provide the information, and for any other purpose with your consent.
In addition, if you purchase services on or through our Platform, our secure, third party payment processor may use your Payment Information and other Personal Information to process such transactions securely. We do not directly collect, store or process any of your Payment Information through the Platform.
We retain your Personal Information while you are using our Platform to improve your use of our Platform. Once you are no longer using our Platform, we will store your Personal Information for so long as we may need it to answer questions about the services that we provided, or to comply with the recordkeeping requirements of applicable law.
Disclosure of Your Personal Information
At your direction, we will disclose the Personal Information you provide to us to the Businesses and other users (e.g., Experts or Consumers) with which you choose to interact through the Platform, as necessary to facilitate your communications and interactions with such Businesses and persons through the Platform.
We do not otherwise share, sell or lease your Personal Information to any third parties, and we only permit use of your Personal Information internally by our own personnel, except in the following, limited circumstances:
· We may disclose (or you may choose to disclose by interacting with the Platform) certain Personal Information to our subsidiaries and affiliates and to any contractors, service providers and other third parties who need to know such information to support our permitted uses of Personal Information as described in this Policy. For example, you may be asked to provide your Payment Information directly to our third party payment processors that we use to process transactions on the Platform securely. For more information, please see the section titled “Subcontractors” in our SkillSpring End User License Agreement.
· We may disclose Personal Information to a buyer or other successor to our business in the event of a sale of equity or assets, reorganization, merger or a similar corporate transaction, and any due diligence review with respect to any such proposed transaction.
· We may disclose Personal Information to comply with any court order, law or legal process, including to meet national security and law enforcement requirements and to respond to any government or regulatory request or audit, and to enforce or apply our SkillSpring End User License Agreement, including for billing and collection purposes, or if we believe disclosure is necessary or appropriate to protect the rights, property or safety of our customers or others.
· We may also disclose your Personal Information for any purpose disclosed when the information is provided, and for any other purpose with your consent.
Automatic Collection and Use of Traffic and Usage Data; Use of Cookies
As you navigate through and interact with our Platform, we may automatically collect certain traffic data and usage information to help us manage our content and improve your use of our Platform. This may include information about your equipment, your IP address or Mobile Device ID, the general geographic region from which you are accessing our Platform, operating system, browser information, configuration data, clickstream analytics, and your browsing actions and patterns when you use our Platform.
Some of the information that we collect from cookies, web beacons or other embedded code relates to your personal use of our Platform and allows us to store information about your preferences, speed up your searches and recognize you when you return to our Platform. Other information that we collect from cookies, web beacons or other embedded code is not tied to your Personal Information and enables us to estimate our audience size and usage patterns.
The technologies that we use for this automatic data collection may include cookies that are stored on your computer, small embedded electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) and other types of embedded code on the Platform that permit us to count users and obtain other related Platform-related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
Use of Google Analytics
We use Google Analytics to track users’ use of and navigation through the Platform, all for the purposes of improving the Platform and the user experience. We do not share any of your Personal Information with Google in connection with our use of Google Analytics. You can obtain more information on how Google Analytics collects and processes data by visiting Google’s webpage “How Google uses data when you use our partners’ sites or apps,” available online at www.google.com/policies/privacy/partners/.
Logging On Through Social Media Sites
If you are a Business or an Expert, you may be able to log on to the Platform through Facebook or a similar social media site. If you do so, certain information about you will be transferred to the Platform, and the fact that you have logged on to the Platform and some of that transferred information may be available to other users of the social media site. That information is subject to the privacy policies of any such social media site, and you should review those policies before using a social media site to log onto the Platform. Any such transferred information will otherwise be subject to the terms of this Policy.
Use and Disclosure of Pseudonymized, De-Identified or Aggregated Information
We may pseudonymize some of you information so that it can no longer be attributed to you without the use of other separately maintained information, or convert or combine some of your Personal Information into de-identified or aggregated data that does not disclose any of the Personal Information of any individual user. We may use and disclose any such pseudonymized, de-identified or aggregated data (including pseudonymized, de-identified or aggregated traffic and usage data relating to our Platform) for any lawful purpose without restriction.
Tracking and “DO NOT TRACK”
Tracking involves the use of cookies, web beacons, or other embedded code or tracking technologies to collect, analyze and store information on a user’s behavior over time on multiple sites, including information on the sites visited, products viewed, products purchased and other online interactions. Tracking information can be used to enable companies to make interest-based (behavioral) advertising available to users on multiple sites that they visit.
We do not currently collect Personal Information about your online activities over time and across third-party sites for tracking purposes. We do not currently allow third parties to collect Personal Information on our Platform that could be used by them to analyze and store information about your online activities over time and across third-party sites for tracking purposes. Therefore, our Platform does not respond to any “DO NOT TRACK” signals sent by your computer, browser or mobile device, and if your computer, browser or mobile device sends a “DO NOT TRACK” signal to our Platform, our Platform will not treat you differently from users who do not send such signals.
Choices About How We Use and Disclose Your Information
You have certain choices regarding the Personal Information you provide to us. You can set your browser to refuse all or some browser cookies. If you disable or refuse cookies, some parts of our Platform may then be inaccessible or not function properly.
If you do not wish for us to notify you about special promotional offers related to our Platform, you can opt-out by simply clicking on the “Unsubscribe” or “Updating your e-mail preferences,” link in the most recent e-mail you received from us and follow the prompts that appear. This opt out does not apply to information provided to you by e-mail as a result of a purchase made on the Platform (e.g., a transaction receipt), or as a result of a customer service request initiated by you.
Accessing and Correcting Your Information
You may send us an email at privacy@lifeomic.com to request the right to view any of your Personal Information that we store and use, and to correct, amend or delete any such Personal Information that is inaccurate. Unless you have provided EU Personal Information (defined below), which is covered by the section below titled “Users Outside of the United States”, we will evaluate such requests on a case-by-case basis. We may not be able to delete certain portions of your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Data Security
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information that you provide to us is stored on our servers behind firewalls, and certain Personal Information will be encrypted using secure socket layer (SSL) technology.
The safety and security of your information also depends on you. When we have given you (or when you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping that password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information over the Internet is not completely secure. Although we have implemented security measures that we think are adequate, we cannot guarantee the security of your Personal Information transmitted to our Platform. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any security measures contained on our Platform
Your California Privacy Rights
If you are a California resident, you may obtain certain information regarding our disclosure of your Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@lifeomic.com.
Children
Our Platform is not intended for persons under 18 years of age, and no one under age 18 may provide any information to our Platform. We do not knowingly collect personal information from persons under the age of 18. If you are under age 18, do not use or provide any information on our Platform, make any purchases through our Platform, use any of the interactive features of our Platform, or provide any information about yourself to us or to any other user of the Platform, including your name, address, telephone number, email address, IP address or Mobile Device ID, or any screen name or username you may use. If we learn we have collected or received personal information from a child under age of 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under age 18, please contact us at privacy@lifeomic.com.
Users Outside of the United States
International Data Transfers
Our Platform is hosted in the United States and our services are provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a resident of any country other than the United States, please note that by providing your Personal Information to us, you are consenting to the transfer of your Personal Information to the United States and other jurisdictions as indicated above, and to use and disclosure of your Personal Information in accordance with this Policy.
If you are a resident of the European Union, please note that the EU has determined that the laws of the United States do not provide adequate protection for your Personal Information. Accordingly, we are transferring your Personal Information from the EU to the United States under the terms of our certification with the U.S. Department of Commerce under the E.U.-U.S. and Swiss-U.S. Privacy Shield Frameworks (“Privacy Shield”). You can find more information on your rights under the Privacy Shield at https://www.privacyshield.gov/welcome. Under the Privacy Shield, we have committed to treat all EU Personal Information in the manner required by the Privacy Shield Principles, and we follow internal procedures for verifying that our commitments under this Policy have been implemented. Our compliance with this obligation can be investigated and enforced by the U.S. Federal Trade Commission.
If you have a complaint about our compliance with this Policy or the Privacy Shield, you may contact us at privacy@lifeomic.com. If you are an EU resident and you are not satisfied with our response, you will have a prompt, no-cost way of asserting your claim by contacting our chose independent dispute resolution body, JAMS. For more information, you may visit JAMS’s website at https://www.jamsadr.com/eu-us-privacy-shield. If you are an EU resident and you still are not satisfied, you may have the right, under certain conditions, to invoke binding arbitration. Alternatively, you will have the right to lodge a complaint with the Supervisory authority in your country of residence in the EU. You may also contact our EU representative at lifeomic@dpr.eu.com. For more details, see our EU representative contact summary here: https://lifeomic.com/gdpr-contact. Finally, you can find more information on your enforcement rights by visiting https://www.privacyshield.gov/welcome.
Additional Rights Regarding Your EU Personal Information
You acknowledge and agree that, as described in further detail above in the section titled “Our Role,” we act as a service provider to each Business that uses our Platform, in the capacity of a “data processor,” and the Business with which you choose to interact through the Platform acts in the capacity of a “data controller” under applicable European data protection laws. If you are located in the European Economic Area, United Kingdom or Switzerland, you have additional rights with respect to all Personal Information received from you (“EU Personal Information”) under the law, as disclosed to you and enumerated by the Business (the data “controller”) in the applicable Business’s privacy policy. For reference, such rights include the following:
· Upon verification of your identity, you are entitled to be advised as to whether or not we are processing EU Personal Information concerning you and, if so, you are entitled to a copy of your EU Personal Information being processed and certain information about the nature and purposes of the processing. You may correct any such EU Personal Information that is inaccurate or incomplete. You may also obtain a copy of your EU Personal Information in a structured and commonly-used and machine-readable format to enable you to transfer such EU Personal Information to another service provider.
· If we and the Business are processing your EU Personal Information based on your consent, you may withdraw that consent at any time. Additionally, you may (subject to certain exceptions) restrict our use of your EU Personal Information or request that we erase your EU Personal Information.
· If we are using your EU Personal Information on the basis of your consent, and we change this Policy to permit any use or disclosure of your EU Personal Information that is materially different than the uses for which it was originally collected or subsequently authorized by you, we or the applicable Business will obtain your consent before we make such further uses of your EU Personal Information.
Please Note: You will need to contact the applicable Business directly in order to exercise any of these rights, but we will cooperate with the Business to carry out our obligations as the “data processor” with respect to such rights to the extent required by our contract with the Business and to the extent required by applicable law. We encourage you to review the responsible Business’s privacy policy for more information.
Onward Transfers of Data; Our Liability for Sub-Processors
If we intend to disclose your EU Personal Information to any third party that will have the right to process it, we will enter into a contract with such third party that provides that your EU Personal Information may be processed only for limited and specified purposes consistent with the consent you have provided to us or to the Business on whose behalf we are processing your information, that the third party must provide the same level of protection for your EU Personal Information that we are obligated to provide under this Policy while it is processing your EU Personal Information, and that the third party will notify us if it makes a determination that it can no longer meet these obligations (and in such a case such third party shall cease processing your EU Personal Information or otherwise be required to take reasonable and appropriate steps to remediate any unauthorized processing).
Please note that in cases of onward transfer of your EU Personal Information to third parties processing your information on our behalf as our service provider or pursuant to our control or instruction (our “Sub-Processors”), we will remain liable under the Privacy Shield Principles if such Sub-Processors process your EU Personal Information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.
In contrast, if we intend to disclose your EU Personal Information to any third party that will have the right to determine the purposes for which it will process your EU Personal Information and the means it will use to process your EU Personal Information (rather than providing requested assistance to us or otherwise processing your EU Personal Information in support of our permitted uses of such information) (such third parties, “Controllers”) we will notify you and present you an opportunity to opt out of such disclosure, and you should be sure to review such parties’ privacy policies for information on how they may use, maintain, disclose and protect your EU Personal Information.
As described above, we have a contractual “data controller”–to–“data processor” relationship with each Business with which you choose to interact through the Platform, where the Business is the “data controller” with whom you have a primary relationship, and we are the Business’s “data processor” and service provider, processing information on their behalf and under the Business’s control and direction, pursuant to our contract with the Business. Therefore, we hereby provide notice of our intent to disclose your EU Personal Information to each Business with which you choose to interact through the Platform, that such Businesses are Controllers as described in the immediately preceding paragraph, and that you have an opportunity to opt out of such disclosures by choosing not to direct us to connect you with such Businesses and their representatives through the Platform.
Changes to Our Privacy Policy
We periodically update this Policy. We will post any changes on this page and, if the changes are significant, we will provide a more prominent notice by sending you notification by e-mail or notification alert within the Platform. The date this Policy was last revised is identified at the top of this page. You are responsible for ensuring we have an up-to-date, active and deliverable e-mail address for you, and for periodically visiting our Platform and this Policy to check for any changes.
Contact Information
“We” are LifeOmic Holdings LLC, a Delaware limited liability company with headquarters in Indianapolis, Indiana. To ask questions or comment about this Policy and our privacy practices, contact us at:
LifeOmic Holdings LLC
351 W. 10th Street
Indianapolis, IN 46202
Telephone: 855-LIFEOMC (855-543-3664)
E-mail: privacy@lifeomic.com