Privacy Policy

 Introduction

Welcome to the privacy policy of Leg Up Solutions LLC (“LUS”), operating as Leg Up Solutions®.

LUS respects your privacy and is committed to protecting your personal data. References in this policy to LUS include ancillary platforms used by LUS to provide offerings, conduct research and collect data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below.

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how LUS collects and processes your personal data through your use of this website, including any data you may provide through this website when you subscribe to a newsletter, purchase a product or service or take part in research.

It applies to all versions of the LUS solution, including the Urgent Care services, Shingo Workshops, LUS branded workshops, research and data gathering activities associated to research and any product purchased through this or other LUS websites.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.

Controller

LUS is the primary controller and responsible for your personal data (collectively referred to as “Leg Up Solutions LLC”, “Leg Up Solutions®”, “LUS”, “we”, “us” or “our” in this privacy policy).

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

As a of the LUS website and ancillary platforms, you will also be a controller and should appoint and make your own staff aware of your data privacy manager, who should be the first point of contact regarding data protection issues. We recommend your organization’s data privacy manager, be made aware of this privacy policy. If an individual not representing an organization, it is your responsibility to be familiar with this privacy policy

Contact details

Our full details are:

Full name and address of legal entity: Leg Up Solutions LLC (Business ID 201801161234208), the registered office of which is at 602 Horram Drive, Dayton, Indiana, USA.

Name of data privacy manager: Douglas E Dawson

Email address: privacymanager@legup.solutions.

Postal address: P.O. Box 211, Dayton, IN 47941, USA

You have the right to make a complaint at any time to the Consumer Financial Protection Bureau (cfpb), the U.S. supervisory authority for data protection issues (www.consumerfinance.gov). We would, however, appreciate the chance to address your concerns before you approach the cfpb so please contact us in the first instance.

Changes to the privacy policy and your duty to inform us of changes

This version was last updated on the date set out at the bottom of this page. Only the current version of our privacy policy applies, so please check for any updates.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us, by logging on to your account and updating your details.

Third-party links

This website may include links to third-party websites, plug-ins and applications not associated with ancillary platforms used for purposes of LUS. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name, last name, username or similar identifier, title, and if applicable, your organisation and team and the fields of information as held under your Solverboard account profile.

Contact Data includes email address, billing address if applicable and telephone numbers.

Financial Data includes, where applicable, bank account and payment card details (which are passed to PayPal, our payment gateway).

Transaction Data includes, where applicable, details about payments to and from you and other details of products and services you have purchased from us.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, screen size, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Profile Data includes your username and password, your role, profile image, biography, expertise (or skill set) and industry tags, activity points accrued through performing platform activities, your location, your preferences, if applicable your likes, comments and follows (which will involve the use of your name in unstructured text), fields of information held under your Solverboard account profile and if applicable purchases or orders made by you, your interests, feedback and survey responses and activity points gained through performing platform tasks, likes, comments and follows. (As comments are “free text”, they are not retained in a structured way.

Usage Data includes information about how you use our website, products and services, including the full Uniform Resource Locators (URL), clickstream to, through and from our website (including date and time), products you viewed or searched for, page response times, download errors, length of visit to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), methods used to browse away from the page and any telephone number used to call our customer services.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. In using our services, you must not refer to special category personal data relating to yourself or anyone else and we accept no responsibility or liability if you refer to such personal data.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of an agreement we have with you and you fail to provide that data when requested, we may not be able to perform the terms of the agreement we have or are trying to enter with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have from us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • apply for our products or services;

  • create an account on our website;

  • subscribe to our service or publications;

  • request marketing to be sent to you;

  • enter a competition, promotion or survey; or

  • give us some feedback.

• Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.

• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

• Technical Data from the following parties:

  1. analytics providers such as Google, HubSpot and Campaign Monitor, which may have various operations around the globe;

  2. advertising networks such as Google, Facebook, Twitter, LinkedIn and Instagram, which may have various operations around the globe; and

• Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as PayPal, Braintree and Stripe, which may have various operations around the globe.

• Identity and Contact Data from data brokers or aggregators such as Google, Facebook, Twitter, LinkedIn and Instagram, which may have various operations around the globe.

• Identity and Contact Data from publicly available and reputable sources such as may exist in regions and / or countries in which LUS markets and / or provides services.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract, we are about to enter or have entered with you.

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• Where we need to comply with a legal or regulatory obligation.

Please refer to our glossary to find out more about the types of lawful basis that we will rely on to process your personal data.

We must have one or more of the following reasons to process your personal data. These are:

• To prepare for or implement a contract we have made with you;

• Where we have a legal duty;

• When it is in our legitimate interest;

• When you consent.

We have a “legitimate interest” when we have a business or commercial reason to use your information, provided it is not contrary to your rights and interests. If we rely on such an interest, we need to tell you what it is (see below).

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful reason depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out as below.

1. Purpose: To register you as a new customer. Type of data: (a) Identity & (b) Contact. Lawful basis for processing including basis of legitimate interest: Performance of a contract with you.

2. Purpose: To process and deliver your subscription or account including (a) Manage payments, fees and charges and (b) Collect and recover money owed to us. Type of data: (a) Identity, (b) Contact, (c) Financial, (d) Transaction & (e) Marketing and Communications. Lawful basis for processing including basis of legitimate interest: (a) Performance of a contract with you & (b) Necessary for our legitimate interests (to recover debts due to us).

3. Purpose: To facilitate the posting and management of ideas through any new innovations by LUS as described on our website and for the management of projects as described on our website. Type of data: (a) Identity, (b) Contact, (c) Financial & (d) Transaction. Lawful basis for processing including basis of legitimate interest: (a) Performance of a contract with you & (b) Necessary for our legitimate interests (to provide our services).

4. Purpose: To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy, (b) Asking you to leave a review or take a survey, (c) Any new features we have just released & (d) managing automated transactional emails. Type of data: (a) Identity, (b) Contact, (c) Profile & (d) Marketing and Communications. Lawful basis for processing including basis of legitimate interest: (a) Performance of a contract with you, (b) Necessary to comply with a legal obligation, (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).

5. Purpose: To enable you to partake in a prize draw, competition or complete a survey. Type of data: (a) Identity, (b) Contact, (c) Profile (d) Usage & (e) Marketing and Communications. Lawful basis for processing including basis of legitimate interest: (a) Performance of a contract with you & (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business).

6. Purpose: To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). Type of data: (a) Identity, (b) Contact & (c) Technical. Lawful basis for processing including basis of legitimate interest: (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) & (b) Necessary to comply with a legal obligation.

7. Purpose: To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. Type of data: (a) Identity, (b) Contact, (c) Profile, (d) Usage, (e) Marketing and Communications & (f) Technical. Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).

8. Purpose: To use data analytics to improve our website, products/services, marketing, customer relationships and experiences. Type of data: (a) Technical & (b) Usage. Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).

9. Purpose: To make suggestions and recommendations to you about goods or services that may be of interest to you. Type of data: (a) Identity, (b) Contact, (c) Technical, (d) Usage & (e) Profile. Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests (to develop our products/services and grow our business).

10. Purpose: To communicate with you about help requests and product feedback suggestions, and to help us replicate and resolve any technical issues you may have with our products. Type of data: (a) Identity, (b) Contact, (c) Technical, (d) Usage & (e) Profile. Lawful basis for processing including basis of legitimate interest: Necessary to track improvements request and bug fixes.

11. Purpose: To allow you to collaborate with others. Type of data: (a) Identity, (b) Contact & (c) Profile. Lawful basis for processing including basis of legitimate interest: Necessary for our legitimate interests: to facilitate collaboration.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established a privacy manager whom you can contact and request how specifically you data is used and make certain decisions about your personal data use.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside LUS for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties as set out in the glossary.

• External Third Parties as set out in the glossary.

• Specific third parties as set out in the glossary.

• Third parties to whom we may choose to sell, transfer, or merge all or parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

• We may also be under a duty to share your personal data in order to comply with a legal obligation, to enforce agreements or to protect the rights, property or safety of Solverlink Limited, its customers or third parties.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instruction.

6. International transfers

Many of our external third parties are based outside the U.S. so their processing of your personal data will involve a transfer of data outside the U.S.

Whenever we transfer your personal data out of the U.S. we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• Where possible, will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the U.S. For further details, see Federal Trade Commission: Privacy & Security, Data Security.

• Where we use certain service providers, we may use specific contracts approved (or likely to be approved) which give personal data the same protection it has in the U.S. to give personal data the same protection as it has in the U.S. For further details, see Federal Trade Commission: Privacy & Security, Data Security and the FTC website www.ftc.gov.

• Where we use providers based in the outside the U.S. or its territories (OUS), we may use standard contractual clauses (with additional safeguards, if required), or other approved methods, as specified by the Federal Trade Commission.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data OUS.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

All information you provide to us is stored on our secure servers or those of our hosting company. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone (and, for corporate customers, to ensure that passwords of former staff members are deleted immediately).

Unfortunately, the transmission of information over the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data while being transmitted to our website and so any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access to your personal data.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers.

In some circumstances you can ask us to delete your data: see request erasure below for further information.

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see below to find out more about these rights:

• Request for access to your personal data.

• Request for the correction of your personal data.

• Request for the erasure of your personal data. As Solverboard is a database with relational links between data fields, the entire database would be corrupted if a person who had transacted on the platform asked to have their data erased. We will “erase” the data by anonymizing any personally identifying information.

• Objection to processing of your personal data.

• Request to restrict the processing your personal data.

• Request to transfer your personal data.

• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within 30 calendar days. Occasionally it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. Glossary

Lawful basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Third parties

Internal Third Parties

Other companies that are, or will be part of LUS, who are based in the U.S. and provide IT and system administration services.  (The “Group” means our subsidiaries, our ultimate holding company and its subsidiaries).

External Third Parties

• Service providers acting as processors based:

• Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the U.S. who provide consultancy, banking, legal, insurance and accounting services.

• IRS, regulators and other authorities acting as processors or controllers, based in the U.S. who require reporting of processing activities in certain circumstances.

Your legal rights

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”), enabling you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. In the first instance, please log in to your account to update or correct data.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. 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.  Please also see our definition of “erase” above.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Version 01 published: AUG 2021