Privacy Policy

Last Modified: March 8, 2017

Protecting your private information is our priority. This Statement of Privacy (“Privacy Policy”) applies to Silver Spruce Holdings, LLC d/b/a GrowthPlay, and its subsidiaries and affiliates (hereinafter, variously “GrowthPlay,” “we,” or “our”), and our web platforms, applications, websites, and related support services (collectively, the “Services”), and your choices about the collection and use of your information.

By using our Services in any manner, you indicate to GrowthPlay that you have read and accepted our Privacy Policy and consent to the data practices described in this Privacy Policy. If you do not accept this Privacy Policy or do not meet or comply with the provisions set forth herein, then you may not use our Services.

PRIVACY CERTIFICATION: EU – U.S. PRIVACY SHEILD FRAMEWORK
GrowthPlay may from time to time collect, use, and retain personal information from individuals located within the European Union (“EU”) member countries. GrowthPlay has certified that it adheres to the ‘EU-US Privacy Shield Principles’ of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement, and liability. GrowthPlay’s adherence to each of these principles is detailed in this Privacy Policy. To learn more about the ‘EU-US Privacy Shield Framework’, please visit https://www.privacyshield.gov. GrowthPlay is under the jurisdiction as well as the investigatory and enforcement powers of the US Federal Trade Commission for purposes of the ‘EU-US Privacy Shield Framework.’ This Privacy Policy applies to all personal information received by GrowthPlay whether in electronic, paper or verbal format.

INFORMATION WE COLLECT
When you use our Services, you may provide GrowthPlay with two main types of information: (1) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and (2) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you use our Services. We collect information from you when you (a) use and/or access our Services, (b) open and/or respond to our emails, (c) contact GrowthPlay, (d) visit any page online that displays our content, (e) purchase assessments and/or services through our Services, and/or (f) provide information to any of our vendors.

Personally Identifiable Information You Choose to Provide
We may ask for certain personal information from you for the purpose of providing to you content and/or services that you request. We collect personal information such as your: (i) contact information (including name, telephone number, email, title, and job position); (ii) employment content (including information, text and/or other materials) submitted by you; (iii) financial information (such as credit card number, expiration date, verification number and billing address); (iv) data from assessments and responses to questions related to individual competencies (including performance); (v) contact information of employees or others you share with us; (vi) demographic information (including age, birthdate, and gender); (vii) location information (such as geographic location of the device you are using) and (viii) preferences, feedback and behavior (such as reports and performance rates). Once you register, you have opted in to receive electronic communications from GrowthPlay. GrowthPlay may also provide you with the opportunity to participate in surveys through our Services. If you participate, we will request certain personally identifiable information. Participation in surveys is completely voluntary and you, therefore, have a choice whether to disclose such information.

Non-Personally Identifiable Information We Collect
Cookies: We use cookies and web log files to track usage and trends, to improve the quality of our Service and to customize your experience. A “Cookie” is a tiny data file that resides on your computer, mobile phone, or other devices, and allows GrowthPlay to recognize you as a user when you return to our website using the same computer and web browser. Information gathered through Cookies may include the date and time of visits, the pages viewed, and time spent at our Service. You can remove or block Cookies using the settings in your browser, but in some cases that may impact your ability to use our Services. Device Data: We use device data, which is information concerning a device you use to access, use, and/or interact with the Services, such as operating system type and/or mobile device model, browser type, domain, and other system settings, the language your system uses and the country and time zone of your device, geo-location, unique device identifier and/or other device identifier, mobile phone carrier identification, and device software platform and firmware information.

Aggregate: We may collect non-identifying and statistical information about the use of our Services, such as how many visitors visit a specific page, how long they stay on that page and which links, if any, they click on. This information represents a generic overview of our users, including their collective habits. Information collected in the aggregate is not associated with you as an individual. We may share user information in the aggregate with third parties.

Analytics: GrowthPlay uses analytic software to gather statistics and usage trends for product and service improvement purposes. Our Service may record data from your phone, tablet, or computer such as how frequently you use the Service, what actions you take and performance data.

Other Tracking Technologies: We may supplement information you provide to us with information from other sources, such as information to validate and/or update your address and/or other demographic information. This information is used to maintain the accuracy of information on our Services and for internal analysis. We may also use clear gifs, pixel tags and web beacons, which are tiny graphic images placed on website pages and/or in our emails that allow us to determine whether you have performed specific actions and are further used to track online movements of our users. In contrast to Cookies, which are stored on your computer’s hard drive, clear gifs are embedded invisibly on web pages. We do not tie the information gathered by clear gifs to your personally identifiable information.

Third Party Services: To support the services we provide to you, we may use services hosted by third parties. These services may collect information sent by a browser as part of a web page request, including Internet Protocol (“IP”) addresses, browser software, and/or clickstream patterns. If such third party services collect information, they do so anonymously without identifying individual visitors. However, we may link the information we record using tracking technology to personal information we collect. In addition, we may allow third parties who list services to use Cookies in connection with your use of the Services. They may collect and store the same type of information and use it similarly to GrowthPlay, as described above.

HOW WE USE THAT INFORMATION
General Use
We use information collected as described in this Privacy Policy to provide you with the information and/or content that you have requested, and, in some cases, to contact you about our products, features and/or services. We also use the information collected to take the following actions:

  • operate, maintain and improve our Services;
  • answer questions and respond to your requests;
  • perform analytics and conduct research;
  • send you reminders, support, and marketing messages;
  • manage our administration of the Services;
  • improve the design and content of our Services participate in one of our surveys or other forms of customer research;
  • facilitate and process employment assessments; and
  • analyze programs, products, and services we offer

The information collected in the aggregate enables GrowthPlay to better understand your use of the Services and to enhance your enjoyment. We may use financial information to process payment, enroll you in one of our accounts and/or other related services in which you elect to participate. If you use the Services, you agree to receive certain communications from us including but not limited to the following:

Special Offers, Newsletters and Updates. We will occasionally send you information on products, special deals, promotions, and newsletters. You can sign up for these emails from us at any time. Out of respect for your privacy, you may elect not to receive these types of communications by contacting us or replying to our emails.

Blogs. Our Service may have links or access to publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

Customer Service. Based upon the personally identifiable information you provide us, we will communicate with you in response to your inquiries, to provide the services you request and to manage your account. We will communicate with you by email or telephone, as you may elect.

Parties with whom we may share your information:
We may share your personally identifiable information as well as information from tools like Cookies, log files, and device identifiers and location data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.), with employees, contractors, and/or agents that help GrowthPlay provide the Services to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Services. We strive to use commercially acceptable means to protect your personal information. If Service Providers acquire confidential or proprietary information belonging to GrowthPlay or its customers, such information is required to be handled in confidence and may not be disclosed to unauthorized third parties. Service Providers who violate our security and safe maintenance of data policies are subject to appropriate discipline including, but not limited to, termination. We take the privacy of our users very seriously, and we do not sell, rent, and/or otherwise provide your personally identifiable information to third parties for marketing purposes. We will not share your personally identifiable information in ways unrelated to those described in this Privacy Policy without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated use. We encourage our Service Providers to adopt and post privacy policies; however, such Service Provider’s use of personally identifiable information obtained through GrowthPlay is governed by such Service Provider’s privacy policies and is not subject to our control. Certain Service Providers will automatically collect non-identifying information about your use of our Services by using Cookies and other technologies as similarly used by GrowthPlay.

Disclosures
GrowthPlay will not disclose your personal information to third parties except as set forth in this Privacy Policy and in the following circumstances: (i) to investigate and defend GrowthPlay members against any third party claims and/or allegations and/or otherwise to protect GrowthPlay from liability, (ii) to investigate, prevent and/or take action regarding suspected and/or actual illegal activities, (iii) to assist government enforcement agencies, respond to a legal process and/or comply with the law, (iv) to exercise or protect the rights, property and/or personal safety of the users of the Services and/or (v) to protect the security and/or integrity of the Service.

What happens in the event of a change of control:
If we sell or otherwise transfer part or all of GrowthPlay or our assets to another organization (e.g., in the course of a transaction such as a merger, acquisition, bankruptcy, dissolution, liquidation, etc.), your information such as name and email address, user content and/or any other information collected through the Services may be among the items sold and/or transferred.

YOUR INFORMATION CHOICES
Depending on the situation, GrowthPlay may obtain consent to the collection of personal information in different ways. Express consent may be obtained verbally, online or in writing. Implied consent may be obtained through your use of our assessments and related services, or when you approach us to obtain information, inquire about or request services from us. We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Although we think that you benefit from a more personalized experience when we know more about you and what you like, you can limit the information you provide to GrowthPlay, and you can limit the communications that GrowthPlay sends to you. If you visit our Services and volunteer personally identifiable information, you can opt out of receiving notifications, and you may review, modify, update, and/or delete such personally identifiable information by contacting and/or by changing your preferences on the Service. Please be aware that even after your request for a change is processed, GrowthPlay may, for a time, retain residual information about you in its backup and/or archival copies of its database. Please be aware that we may still email you non-commercial emails related to your account and your transactions through our Services. Following termination of Services, GrowthPlay may retain information (including without limitation your profile information) for a commercially reasonable time for backup, archival, and/or audit purposes. In some cases, if you choose not to provide GrowthPlay with requested information, you may not be able to use and/or access all of our Services.

Your California Privacy Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to receive: (a) information identifying any third party companies to whom GrowthPlay may have disclosed personal information to for direct marketing, within the past year; and (b) a description of the categories of personal information disclosed. To obtain such information, please email your request to privacy@growthplay.com and we will provide a list of categories of personal information disclosed within thirty (30) days of receiving such a request. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above.

SERVICE ELIGIBILITY AND CHANGES
Children and Minors. GrowthPlay does not knowingly collect personally identifiable information from children under the age of thirteen (13). If we learn that we have collected personal information from a child under age thirteen (13), we will delete such information as quickly as possible. If you believe that a child under the age of thirteen (13) may have provided us personal information, please contact us at privacy@growthplay.com. By using the Services, you represent that you are at least eighteen (18) years old and understand that you must be at least eighteen (18) years old in order to create an account and/or purchase the goods and/or services through the Services.

Changes to Privacy Policy. In general, changes will be made to this Privacy Policy to address new or modified laws, changes to ‘EU-US Privacy Shield Framework’ and/or new or modified business procedures. However, we may update this Privacy Policy at any time, with or without advance notice, so please review it periodically. We may provide you additional forms of notice of modifications and/or updates as appropriate under the circumstances. Your continued use of the Services after any modification to this Privacy Policy will constitute your acceptance of such modifications and/or updates. You can determine when this Privacy Policy was last revised by referring to the date it was “Last Modified” above.

SECURITY
We work hard to secure your personal information from unauthorized access to and/or unauthorized alteration, disclosure and/or destruction of information we hold. GrowthPlay has adopted appropriate physical, electronic and managerial procedures to safeguard and secure the personal information we process. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We periodically review our information collection, storage, and processing practices, including physical security measures, to guard against unauthorized access to systems. Because the internet is not a completely secure environment, GrowthPlay cannot warrant the security of any information you transmit to GrowthPlay or guarantee that information on the Services may not be accessed, disclosed, altered and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. Please do your part to help GrowthPlay. You are responsible for maintaining the secrecy of your account information, and for controlling access to emails between you and GrowthPlay, at all times. Please limit your access to your computer and/or mobile device and/or browser by signing off after you have finished accessing our Services. We are not responsible for the functionality, privacy and/or security measures of any other organization.

OTHER WEB SITES AND SERVICES
We are not responsible for the practices employed by any websites and/or services linked to and/or from our Services, including the information and/or content contained therein. Please remember that when you use a link to go from our Services to another website and/or service, our Privacy Policy does not apply to such third-party websites and/or services. Your browsing and interaction on any third-party website and/or service, including those that have a link on our Service, are subject to such third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your personal information. If you are using a third-party website and/or service and you allow them to access your personal information, you do so at your own risk. PRIVACY SHIELD COMPLIANCE Personal information may be transferred abroad (including outside the EU for our users in the EU) in connection with GrowthPlay’s provision of hosted application services and related support services to our customers. GrowthPlay strives to collect and use personal information in a manner consistent with the laws of the countries in which we do business and is self-certified to the ‘EU-US Privacy Shield Framework’ developed by the U.S. Department of Commerce in coordination with European Commission. GrowthPlay is committed to cooperating with the European Data Protection or their authorized representatives in accordance with applicable law.

DATA INTEGRITY PURPOSE LIMITATION
GrowthPlay will only process personal information in a way that is set forth herein and relevant for the purpose for which it was collected and/or authorized by you. GrowthPlay will take reasonable steps to ensure that personal information is reliable for its intended use, accurate, complete and current. We may occasionally contact you to determine that your data is still accurate and current.

ACCESS
Upon request, we will grant you reasonable access to personal information that we hold about you. GrowthPlay may deny requests where legitimate rights of persons other than you would be violated or where disclosure would interfere with national security, defense, or public security. For security purposes, GrowthPlay may require verification of identity before providing access to personal information. If you wish to access, amend, or confirm that GrowthPlay has personal data relating to you, or if you wish to correct or delete your personal information if it is inaccurate, please notify us by contacting privacy@growthplay.com. We will respond to your request within a reasonable time.

ONWARD TRANSFERS
GrowthPlay will offer users in the EU whose personally identifiable information has been transferred to the United States the opportunity to opt out from: (a) the disclosure of personally identifiable information to a non-agent third party (other than Service Providers); and (b) the use or disclosure of personally identifiable information for a purpose other than the purposes for which the information originally was collected or subsequently authorized by the individual or a compatible purpose. If GrowthPlay were to receive “sensitive personal information” (which includes, without limitation, personal information specifying medical and/or health conditions, racial and/or ethnic origin,), GrowthPlay will request and obtain affirmative consent before disclosing such information to a non-agent third party and before using such information for a purpose other than the purpose originally disclosed and/or a compatible purpose. GrowthPlay will provide you with reasonable mechanisms to exercise your choices should such circumstances arise. GrowthPlay will not transfer personal information originating from the EU to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of privacy protection to your personal information as required by the principles of the ‘EU-US Privacy Shield Framework’. We will only transfer data to our agents, resellers or third party Service Providers who need the information in order to provide services to or perform activities on behalf of GrowthPlay, including in connection with the delivery of services or products, GrowthPlay management, administration, or legal responsibilities. GrowthPlay will make sure that any third party agents receiving personal information subscribes to the ‘EU- US Privacy Shield Principles’.

DATA TRANSFERS
Please be aware that our Services are subject to United States laws, including laws governing privacy and security of your information. By using our Services, you agree and consent (and represent that you have the authority to provide such consent) to the information collection, use and sharing practices described in this Privacy Policy and understand that the laws of the United States and other countries and territories related to the foregoing may differ from those of other countries and may not be as protective as the laws in the country where you reside. Regardless of the laws in place in such countries, we will treat the privacy of your information in accordance with this Privacy Policy.

RECOURSE, ENFORCEMENT, AND LIABILITY
GrowthPlay uses a self-assessment approach to assure compliance with this Privacy Policy and periodically verifies that the Privacy Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, implemented and accessible and in conformity with the ‘EU- US Privacy Shield Principles’. We encourage you to raise any concerns using the contact information provided and we will investigate and attempt to resolve any disputes regarding use and disclosure of personal information in accordance with the ‘EU- US Privacy Shield Principles’. If the personal information in question was transferred from the EU to the United States, and for some reason, a complaint or dispute cannot be resolved through our internal process, we have further committed to refer unresolved ‘EU-US Privacy Shield’ complaints to an independent dispute resolution mechanism located in the United States. Any dispute, controversy and/or claim arising out of or relating to this Privacy Policy, will be referred to and finally determined by Judicial Arbitration and Mediation Services (“JAMS”). If you do not receive timely acknowledgment of your complaint, and/or if your complaint is not satisfactorily addressed by GrowthPlay, please visit the JAMS website at www.jamsadr.com for more information and to file a complaint.

Additionally, with respect to complaints concerning human resources data that is transferred from the EU to the United States, we have agreed to participate in the dispute resolution procedures of the EU Data Protection Authorities. Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. GrowthPlay will cooperate with the appropriate EU Data Protection Authorities during investigation and resolution of complaints concerning human resources data that is transferred from the EU to the United States brought under the ‘EU-US Privacy Shield Framework’.

These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law. Under certain conditions, if you are not satisfied with the above recourse mechanism, you may be able to invoke binding arbitration.

LANGUAGE
The governing language of this Privacy Policy is English, which shall prevail over any other languages used in any translated document.

HOW TO CONTACT US
If you have questions and/or comments about this Privacy Policy, please email us at privacy@growthplay.com.