Privacy Statement

Last Updated November 13, 2019

INTRODUCTION

Perfect Creation, Inc. d/b/a iPEC Coaching and its authorized licensees (“iPEC”, “we,” “us,” or “our”) offer certifications, training programs, retreats, and community events (together, “Programs”) that permit applicants to obtain a certification to become certified professional coaches or to simply further their personal development. We have has also developed proprietary online assessments (including the Energy Leadership Index™ or ELI and the SCOPE assessment), which measure how an individual perceives and approaches work and life (together, “Assessments”). The ELI is available through an iPEC Certified Professional Coach and the SCOPE assessment is available on our mobile application (“App”) available for free download on mobile and/or tablet devices. The App processes the information you give us in much the same way as the Assessment available on our Site does.

This Privacy Policy explains what Personal Data (defined below) we collect from you in connection with our operations (including our Programs and Assessments), how we use and share that data, and your choices concerning our data practices. 

By submitting an application for our Programs, using our Assessments or otherwise submitting any Personal Data to iPEC, you confirm that you have read our Privacy Policy and agree to the practices described here. Before submitting any Personal Data to iPEC, please review this Privacy Policy carefully and contact us at privacy@ipeccoaching.com if you have any questions as explained at the bottom of this Policy.

1. INFORMATION WE COLLECT

In relation to your use of our Programs or the Assessments, or when you interact with us through our Site, telephone or otherwise, we collect information that alone or in combination with other information could be used to identify you (“Personal Data”) as follows:

Personal Data You Provide Us:

Request Information or Content. We collect Personal Data you voluntarily provide us when you request information, ask to download content (such as guides), call or email us directly, register for a webcast or other event. The data we collect typically includes your first and last name, email, phone number, country of location, and areas of interest.

Apply for Programs or Make Purchases. When you apply to our Programs or make purchases from us (this could be books, workbooks, client materials, etc.) we collect financial information including but not limited to credit card information that you provide to us.

Coach Community Forum; Other Public Areas of the Site. We may collect Personal Data disclosed by you on our coach community forum (including your username and password used to access the forum), blogs and our other areas of the Site to which you can post information and materials. You should be aware that any information that you post in the coach community forum or other public area of the Site might be read, collected, and used by others who access it. 

Call Monitoring and Recording. Calls to and from our customer service teams may be monitored or recorded and analyzed for staff training and quality control purposes, and to improve our services.  If you are a coach we will monitor or record our inbound and outbound calls with your prior written consent. Call recordings and any personal data obtained from you during the call will be processed in accordance with the provisions of this Privacy Policy. During such calls we will notify you of the recording via either voice prompt or script, and you will be given a chance to opt out if you do not want us to record your call.

Information We Receive Automatically: When you visit, use and interact with the Site or install, use or interact with the App, we may receive and use certain information about your visit, use or interactions. For example, we may monitor the number of people that visit our Site or use the App, peak hours of visits, which page(s) are visited on our Site or the App, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access and visit our Site (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, Site-navigation pattern. In particular, the following information is created and automatically logged in our systems:

• Log data: Information (“log data”) that your browser automatically sends whenever you visit the Site. Log data includes your Internet Protocol (“IP”) address (so we understand which country you are connecting from when you visit the Site), browser type and settings, the date and time of your request, and how you interacted with the Site. 
• Cookies: Please see the “Cookies Policy” to learn more about how we and our partners use cookies and similar technologies.
• Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings. 
• Usage Information: We collect information about how you use our Site or the App, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.

Information We Collect Through Our Social Media Pages: We have pages on social media sites like Facebook, Twitter, and LinkedIn (“Social Media Sites”). When you interact with our pages on the Social Media Sites, we will collect Personal Data that you elect to provide to us through your settings on the Social Media Site, such as your contact details. In addition, the Social Media Sites providers may give us aggregate information and analytics data about the use of our social media pages. We are not responsible for the privacy practices of the these Social Media Sites and any information you share with them is subject to their privacy policies and terms of service.

Information We Receive From an Assessment: In delivering an Assessment which is administered by one of our coaches, we may process certain personal data about users/coaches’ clients on behalf of coaches. For EU Users, when we collect information on behalf of coaches we are doing so as a data processor (except when we engage directly with students to review the results of an Assessment or to provide training). We process this information pursuant to coaches’ instructions and subject to our agreements with them. If you are an individual who took an Assessment and have questions about how your Personal Data is processed by your coach, please contact that coach directly.

2. HOW WE USE INFORMATION

We use your Personal Data as necessary (i) to provide the services you have asked us to provide; (ii) for certain legitimate interests; (iii) as necessary to comply with applicable law; or (iv) with your consent, if required, as further described below.

We use the Personal Data that you provide when you inquire or apply to our Programs or other materials including the Assessment as necessary to enter into, or perform, a contract with you, including sending you materials, certifications or other documents relevant to your purchase or use of our Assessments, and communicating with you in connection with the foregoing, including by email, by phone or by texting you.

We use Personal Data that you submit when you request information on the Site to respond to your request and as necessary for our legitimate interests in providing you the feedback that you are requesting. 

We also use Personal Data as necessary for other legitimate business interests:

• To send administrative information to you, for example, information regarding our services, program offerings, changes to our terms, conditions, and policies, program evaluation and survey requests, including communicating with you in connection with the foregoing, including by email, by phone or by texting you;
• To administer our Site or support the App, to better understand how visitors interact with the Site or the App and ensure that our Site and the App are presented in the most effective manner for you and for your computer/device (please see the “Cookies Policy” to learn how we and our partners use cookies and similar technologies);
• For internal business/technical operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes and as part of our efforts to prevent fraud, criminal activity, or misuses of our Site or the App and ensure the security of our IT systems, architecture and networks;
• To customize your browsing and shopping experience on the Site. For example, we use information on your use of Site features, including information we obtain through cookies, to better understand your needs and interests in order to personalize your experience by presenting content and features tailored to your interests (please see the “Cookies Policy” to learn how we and our partners use cookies and similar technologies); and
• In connection with recording your call with us (as described under the “Personal Data You Provide Us” section above), for training and quality control purposes, and to improve our services.
• To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties.

For information about what we mean by legitimate interests and the rights of individuals in the European Union (“EU”), please see the “EU Users” section below.

Marketing. We may contact you to tell you about information we believe will be of interest to you, such as announcements, information about products and services, features, surveys, newsletters, promotions, contests, and upcoming events. If we do, where required by law, for example if you are in the EU, we will only send you marketing information if you consent to us doing so at the time you provide us with your Personal Data. You may opt out of receiving emails by following the instructions contained in each promotional email we send you or by contacting us as explained at the bottom of this Policy. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our Site, the App and services and to respond to your requests.

3. SHARING AND DISCLOSURE OF INFORMATION

In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:

• Vendors and Service Providers:To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with providers of hosting and other information technology services; customer and faculty support; developers and consultants; email communication software providers and email marketing, automation, and newsletter providers; electronic signature service providers; payment processors; web analytics and digital advertising services (for more details on the third parties that place cookies through the Site, please see the “Cookies Policy”); database and sales/customer relationship management services; content delivery networks; customer support services. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.
• Business Partners. Information collected is shared with our business partners (such as universities and other educational institutions) on an as needed basis. For example, if you elect to enroll in our Program at an educational institution, we may share your name with that institution for security purposes.
• Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
• Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or comply with legal process, including to meet national security or law enforcement requirements, (ii) protect and defend the rights or property of iPEC and its affiliates and subsidiaries, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Site, iPEC’s its affiliates and subsidiaries or the public, or (v) protect against legal liability.

4. DATA RETENTION

We keep Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is the longer. Generally, we maintain student records for a minimum of seven years, subject to applicable laws and regulations and legitimate business needs to retain data for longer periods. 

If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.

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

5. UPDATE YOUR INFORMATION

If you need to change or correct your Personal Data, or wish to have it deleted from our systems, you may contact us at privacy@ipeccoaching.com. We will address your request as required by applicable law

6. CALIFORNIA PRIVACY RIGHTS DISCLOSURES

Online Tracking and Do Not Track Signals: We may, and we may allow third party service providers to, use cookies or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will describe how we do so in this Privacy Policy.

Third Party Marketing: California Civil Code Section § 1798.83 permits users of our Site or the App that are California residents to request the categories of Personal Data we disclosed to third parties for their direct marketing purposes in the year preceding the request, the names and addresses of such third parties, and, in certain circumstances, examples of the products or services marketed by such third parties. These requests may be made once per year. To make such a request, please email us at privacy@ipeccoaching.com or write us at:

Perfect Creation, Inc. d/b/a iPEC Coaching
149 Avenue at the Common, Suite 202,
Shrewsbury, NJ 07702
Phone: +1 866.722.6224

7. COOKIES

We and our partners use cookies and similar technologies to operate and administer our Site, make it easier for you to use the Site during future visits, gather usage data on our Site, and for advertising purposes. For more information about the cookies and similar technologies used on our Site, please refer to our Cookie Policy, which forms part of this Privacy Policy.

8. CHILDREN

Our Site is not directed to children who are under the age of 13. iPEC does not knowingly collect Personal Data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to iPEC through the Site please contact us at privacy@ipeccoaching.com and we will endeavor to delete that information from our databases.

9. EU USERS 

Scope. This section applies to individuals in the EU (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, to the extent applicable, Switzerland).

Data Controller.

iPEC Coaching and its authorized licensees (including BeTouched Coaching BV Valkenburgerstraat 65, 1011MG, Amsterdam) process your Personal Data provided in connection with the operation of the Programs as joint data controllers. iPEC Coaching also acts as a data controller when we process data relating to our users’/coaches’ use of our services, including statistical usage data derived from the operation of our services, data regarding configurations, log data, filtering choices and information regarding the performance results for the services. Any questions relating to this Privacy Policy, including exercising the rights described below, should be directed to iPEC Coaching (please see relevant contact information, and the contact information of our EU-based representative, in the “Contact Us” section below). 

We act as a data processor on behalf of our coaches for the processing of Personal Data provided by coaches’ clients when taking an Assessment. If you are a client of one of our coaches, please contact that coach to exercise the rights described below.

Your Rights. Pursuant to the European Union General Data Protection Regulation (or GDPR), you have the following rights in relation to your Personal Data, under certain circumstances:

• Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
• Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
• Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
• Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
• Right to data portability:You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by automated means. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
• Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
  • If we are relying on a legitimate interest to process your Personal Data -- unless we demonstrate compelling legitimate grounds for the processing or your data is needed to establish, exercise or defend legal claims;
  • If we are processing your Personal Data for direct marketing. We may keep minimum information about you in a suppression list in order to ensure your choices are respected in the future and to comply with data protection laws (such processing is necessary for our and your legitimate interest in pursuing the purposes described above);
• Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.
• Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

Please see the “Contact Us” section below for information on how to exercise your rights. 

Legitimate Interest. “Legitimate interests” means our interests in conducting our business and developing a business relationship with you. This Privacy Policy describes when we process your Personal Data for our legitimate interests, what these interests are and your rights. We will not use your Personal Data for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law.

Data Transfers. We rely on our EU-U.S. and Swiss-U.S. Privacy Shield certification to transfer Personal Data that we receive from the EU and Switzerland to iPEC in the U.S. (for more information, please read the “Privacy Shield” section below).

Privacy Shield

iPEC and its subsidiary, New England Coaching, comply with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the transfer of Personal Data from the EU and Switzerland to the U.S. iPEC has certified to the Department of Commerce that it adheres to the Privacy Shield Principles (described below). If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Frameworks, and to view our certification page, please visit https://www.privacyshield.gov/. 

General. We rely on our Privacy Shield certifications to transfer Personal Data that we receive from the EU and Switzerland to the U.S. and we process such Personal Data in accordance with the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability (“Privacy Shield Principles”), as described below.

Notice And Choice. This Privacy Policy provides notice of the Personal Data collected and transferred under the Privacy Shield, the purposes for the transfer and the choice that you have with respect to such Personal Data. It also provides information about other Privacy Shield Principles that are set forth below.

Accountability for Onward Transfers. We may be accountable for the Personal Data that we transfer to third-party service providers (described in the “Sharing and Disclosure of Information” section above). If such service providers process Personal Data in a manner inconsistent with the Privacy Shield Principles, we are responsible for the harm caused.

Security. We maintain security measures to protect Personal Data as described in the “Security” section of this Privacy Policy.

Data Integrity and Purpose Limitation. We take reasonable steps to ensure that Personal Data is reliable for its intended use, and that it is accurate, complete and current for as long as we retain it. Our data retention practices are described in the “Data Retention” section of this Privacy Policy.

Access. EU users have certain rights to access, correct, amend, or delete Personal Data where it is inaccurate, or has been processed in violation of the Privacy Shield Principles. Please see the “Your Rights” section above for more information on the rights of users in the EU (and, to the extent applicable, users in Switzerland). When we process Personal Data as a data processor on behalf of our coaches, we will process such requests pursuant to our contract with the relevant coach and our coach’s instructions.

Recourse, Enforcement, Liability. In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your Personal Data. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at privacy@ipeccoaching.com. 

iPEC has further committed to refer unresolved Privacy Shield complaints to the International Centre for Dispute Resolution, the international division of the American Arbitration Association (ICDR/AAA), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit www.icdr.org for more information or to file a complaint. The services of ICDR/AAA are provided at no cost to you.

If your complaint is not resolved through these channels, under certain conditions a binding arbitration option may be available before a Privacy Shield Panel. For additional information, please visit: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

We are subject to investigatory and enforcement powers of the U.S. Federal Trade Commission with respect to Personal Data received or transferred pursuant to the Frameworks.

• INTERNATIONAL DATA TRANSFERS

iPEC is based in the United States. The information collected through the Site and the App will be stored on and transferred to the offices of iPEC and its authorized third-party business vendors located globally, including in the United States and Canada, and processed globally for the purposes described in this Privacy Policy. 

Please note that the countries concerned may not provide the same legal standards for protection of your Personal Data that you have in the EEA. Canada has been considered by the European Commission to provide an adequate level of protection for personal data (Commission’s Decision 2002/2/EC). We rely on EU Standard Contractual Clauses to transfer personal data we receive from our EU-based authorized licensees. We are also certified to the EU-US and Swiss-US Privacy Shield Frameworks for the transfer of Personal Data from the EU and Switzerland to the U.S. (for more information, please read the “Privacy Shield” section above). Some of our service providers (such as Amazon Web Services, Inc.) are also certified to the Privacy Shield. If you would like to receive more information on the safeguards that we implement, please contact us at privacy@ipeccoaching.com.

• LINKS TO OTHER SITES

iPEC’s Site and communications may contain links to other sites not operated or controlled by iPEC, including Social Media Sites (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies. iPEC is not responsible for the privacy practices of websites not affiliated with iPEC. 

• SECURITY

Our Site, systems, apps and services use physical, electronic and managerial procedures to protect information collected online including firewalls to protect the loss, misuse and alteration of information under our control. However, no method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee its absolute security.

• CHANGE TO THE PRIVACY POLICY

Our services and our business may change from time to time. As a result we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Site or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you if applicable, you consent to the revised Privacy Policy and practices described in it.

• SITE CONTENT

You may access, download and print materials on this Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from our Site and systems without first obtaining written consent from iPEC. Furthermore, you may not use the materials found on the Site on any other websites or in a networked environment without first obtaining written consent from iPEC.

All materials on this site (as well as the organization and layout of the site) are owned and copyrighted by the iPEC Coaching. © 2019 iPEC Coaching. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the written permission of iPEC.

• CONTACT US

If you have any questions about this Privacy Policy or the practices of this Site and/or services, please contact us at privacy@ipeccoaching.com, or by post at:

iPEC Coaching
149 Avenue at the Common, Suite 202,
Shrewsbury, NJ 07702
Phone: +1 866.722.6224

If you are an individual in the EEA, you can also contact DPR Group, who has been appointed as iPEC Coaching’s representative in the EEA pursuant to Article 27 of the European Union General Data Protection Regulation on matters related to the processing of personal data that take place in the EEA. Please contact DPR Group as follows:

• send an email to DPR Group at datainquiry@dpr.eu.com quoting <Perfect Creation, LLC> in the subject line,
• contact DPR on the online webform at www.dpr.eu.com/datarequest, or
• mail your inquiry to DPR Group at the most convenient of the addresses in the table below. Please ensure post is addressed to ‘DPR Group’ and not to ‘Perfect Creation, LLC’ or ‘iPEC Coaching’ directly, to ensure that your communications are received by DPR Group. Please refer clearly to Perfect Creation, LLC or iPEC Coaching in your correspondence.