Emotionally Speaking Privacy Policy 

Last updated Jan 2, 2022

EMOTIONALLY SPEAKING INC. (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you access our products, services, and technology platforms (including the websites and mobile applications that help us provide the coaching, learning, and mindfulness services) (collectively, the "Services"). Please note that this Privacy Policy does not apply to your use of third-party sites, services, or applications you may access through our Services. We encourage you to review the policy policies of those third parties for more information regarding their privacy practices.

 

Changes to this Privacy Policy

We reserve the right to make changes to this Privacy Policy at any time and for any reason.  We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted.  In some cases, such as a material change in our practices, we may provide you with additional notice, such as adding a statement to our homepage or sending you an email notification. We encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can protect your privacy.

 

This Privacy Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you.  We are not responsible for any of the data collected by any such third party. 

 

Collection of Your Information

If you visit our website or use our mobile applications we will collect certain information about you. For all users and visitors see Information We Collect Automatically below for details on what we collect via technology.

Information You Provide to Us

We collect information you provide directly to us when interacting with us or using the Services. The specific information we collect depends on the context of your interactions with BetterUp, as detailed below.

Prospective Emotionally Speaking employees or Emotionally Speaking coaches 

We collect information if you apply for a job or apply to become a coach, request customer support, or otherwise communicate with us.  We will need to collect certain personal information from you in order to process your application, such as your name, email address, phone number,  location, and work history. This information is used to evaluate your experience and communicate with you among others.

Sensitive Personal Information or Demographic Information

To be an Emotionally Speaking coach, you are not required to provide any sensitive personal information such as financial or demographic information. However, there may be times, such as testing a new tool or feature, staffing a specific program for customers, or conducting research studies, where we will ask for your consent to collect demographic information such as gender, race or ethnicity, or pronouns, or we may request your consent to record your session. In all such instances your involvement and providing such information is voluntary, and will have no impact on your ability to coach with BetterUp if you decline. In the case you provide consent, such consent may be withdrawn at any time. 

Platform Members 

If you are a registrant on our website and use our learning, mindfulness, or coaching services via our website or one of our mobile applications (“Member”), you will need to provide certain personal information in order to register your account, such as: name, email address, phone number, location, and your role or title. This information is required at registration so that we can: 1) create your account; 2) ensure you are matched with a coach in an appropriate time zone; and 3) ensure you receive the applicable surveys or questionnaires commensurate with your management level. We will also collect information as it relates to your use of the platform.   For example, we collect information when you download our mobile application(s) and the versions used.

Through your use of the Services, you will also provide us information to facilitate your coaching experience. For example, to help you choose the right coach, you will respond to surveys to help us match you with a coach that aligns with your coaching goals. While these surveys will help us match you with the right coach, the surveys do not collect any personally identifying information. You will also be asked to complete an assessment that will allow you to gain insight into your strengths and weaknesses by asking you a series of questions about general wellbeing, work-life balance, and stress. To facilitate a robust and meaningful coaching experience, both you and your coach will have access to your survey responses.  

We may also collect information such as your coaching platform usage, development programs planned and attended, engagement status, session ratings, title, employment details, and any other information you choose to provide in conjunction with the Services. You may be asked, at various places within the platform, to provide your opinions on Emotionally Speaking’s services and quality of coaching. These opinions or reviews will be used to improve our services, and in some cases, may be shared with the coach, on a de-identified basis, for quality or educational purposes.

Sensitive Personal Information or Demographic Information

The use of the Services does not generally require you to provide any sensitive personal information such as financial or demographic information. However, there may be times, such as testing a new tool or feature or conducting research studies, where we will ask for your consent to collect demographic information such as gender, race or ethnicity, pronouns, or to record your session. In all such instances your involvement and providing such information is voluntary, will have no impact on your use of the Services if you decline, and in the case you provide consent, such consent may be withdrawn at any time. 

If you are an Enterprise Member, meaning you have registered on our platform through a license purchased by your employer, your employer may provide us with certain demographic information for groups of Members such as gender or race or ethnicity. This information is used in an aggregated and de-identified manner to help measure the efficacy of specific programs or to help identify populations that may be in need of additional services. To find out if your employer has provided demographic information to Emotionally Speaking please speak with your Emotionally Speaking program manager or human resources team.

Information We Collect Automatically When You Use the Services

When you access or use the Services, we automatically collect information about you, including the following:

  • Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to the Services.

  • Information Collected by Tracking Technologies: We use different technologies to collect information, including web beacons. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, and to understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Information Collected By Cookies” below.

  • Browser local storage. We also store data locally on your device to enhance the user experience for our Services. For example, browser local storage allows us to save the state of your current page so that when you return at a later time or refresh the browser, the page will remain the same. We may also use browser local storage to: (i) save a list of items the user last used on the website or Services (such as events and properties the user selected) so we can display “recently viewed items”; or (ii) marking once a user has seen a tutorial, video, tooltip or onboarding flow so that the user only sees the content one time.

  • Mobile Services. We may also collect information from your mobile device, such as but not exclusively, the first time the mobile application is opened, mobile carrier, and the type of device that is being used, if you have downloaded our applications. This information is generally used to help us deliver the most relevant information to you and improve our Services and coaching platform. Examples of information that may be collected and used include how you use the Services and information about the type of device you use. In addition, in the event our mobile applications crash on your mobile device, we will receive information about your mobile device model and OS version, which allows us to identify and fix bugs and otherwise improve the performance of our Services. We send you push notifications from time-to-time such as reminders for coaching sessions. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information. We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from.

USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience.  Specifically, we may use information collected about you via the Application to: 

 

  1. Administer sweepstakes, promotions, and contests. 

  2. Assist law enforcement and respond to subpoena.

  3. Compile anonymous statistical data and analysis for use internally or with third parties. 

  4. Create and manage your account.

  5. Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Application to you. 

  6. Email you regarding your account or order.

  7. Enable user-to-user communications.

  8. Fulfill and manage purchases, orders, payments, and other transactions related to the Application.

  9. Generate a personal profile about you to make future visits to the Application more personalized.

  10. Increase the efficiency and operation of the Application.

  11. Monitor and analyze usage and trends to improve your experience with the Application.

  12. Notify you of updates to the Application.

  13. Offer new products, services, mobile applications, and/or recommendations to you.

  14. Perform other business activities as needed.

  15. Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.

  16. Process payments and refunds.

  17. Request feedback and contact you about your use of the Application. 

  18. Resolve disputes and troubleshoot problems.

  19. Respond to product and customer service requests.

  20. Send you a newsletter.

  21. Solicit support for the Application.

Disclosure of Your Information 

We may share information we have collected about you in certain situations. Your information may be disclosed as follows: 

 

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.  This includes exchanging information with other entities for fraud protection and credit risk reduction.

 

THIRD-PARTY SERVICE PROVIDERS

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.  

 

MARKETING COMMUNICATIONS

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

 

INTERACTIONS WITH OTHER USERS

If you interact with other users of the Application, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs. 

 

ONLINE POSTINGS

When you post comments, contributions or other content to the Applications, your posts may be viewed by all users and may be publicly distributed outside the Application in perpetuity

THIRD-PARTY ADVERTISERS

We may use third-party advertising companies to serve ads when you visit the Application. These companies may use information about your visits to the Application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you. 

 

AFFILIATES

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

 

BUSINESS PARTNERS

We may share your information with our business partners to offer you certain products, services or promotions. 

 

OFFER WALL

The Application may display a third-party-hosted “offer wall.”  Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for acceptance and completion of an advertisement offer.  Such an offer wall may appear in the Application and be displayed to you based on certain data, such as your geographic area or demographic information.  When you click on an offer wall, you will leave the Application.  A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account.    

 

MEDIA CONTACTS

If you connect to the Application through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.

 

OTHER THIRD PARTIES

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law. 

 

SALE OR BANKRUPTCY

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity.  If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party.  You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy. 

 

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations.  If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly. 

Tracking Technologies 

COOKIES AND WEB BEACONS

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Application to help customize the Application and improve your experience. When you access the Application, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Application. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

 

INTERNET-BASED ADVERTISING

Additionally, we may use third-party software to serve ads on the Application, implement email marketing campaigns, and manage other interactive marketing initiatives.  This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us.  For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

 

WEBSITE ANALYTICS

We may also partner with selected third-party vendors[, such as Adobe AnalyticsGoogle AnalyticsApple Analytics]Pinpoint and others, to allow tracking technologies and remarketing services on the Application through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Application, determine the popularity of certain content, and better understand online activity. By accessing the Application, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can install and/or update your settings for one of the following: 

Google Analytics Opt-Out Plugin 

Google Ads Settings Page

 

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

 

Third-Party Website 

The Application may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Application.

Security of Your Information 

We use administrative, technical, and physical security measures to help protect your personal information.  While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.  Any information disclosed online is vulnerable to interception and misuse by unauthorized parties.  Therefore, we cannot guarantee complete security if you provide personal information. 

 

Our ES app uses encryption technology, for the following:

 

- AES-128-XTS encryption) for voice chatting

- AES-256 encryption) for authentication and storing users' data

 

Policy for Children

We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data, we have collected from children under age 13, please contact us using the contact information provided below. 

Controls for Do-Not-Track Features 

Most web browsers and some mobile operating systems [and our mobile applications] include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected.  No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.  If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.  

Options Regarding Your Information

Account Information 

You may at any time review or change the information in your account or terminate your account by:

  • Logging into your account settings and updating your account

  • Contacting us using the contact information provided below

 

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.]

 

Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

  • Noting your preferences at the time you register your account with the Application

  • Logging into your account settings and updating your preferences.

  • Contacting us using the contact information provided below

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly. 

California Privacy Rights 

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

 

If you are under 18 years of age, reside in California, and have a registered account with the Application, you have the right to request removal of unwanted data that you publicly post on the Application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.  We will make sure the data is not publicly displayed on the Application, but please be aware that the data may not be completely or comprehensively removed from our systems.

Contact Us

If you have questions or comments about this Privacy Policy, please contact us at:

 

Emotionally Speaking Inc.

130 Orient Way 

Suite 3E

Rutherford NJ 07070

hello@emotionallyspeaking.com

917-970-0953