The term “Ellevate.ca” or “Ellevate” or “us” or “we” or “the Company” or “our Company” refers to Ellevate Empowerment., the owner of the Website, whose principal place of business is 192 Spadina Ave Suite 300, Toronto, ON, Canada, M5T 2C2. The term “you” refers to the user or viewer of the Website.
Accepting the Terms
You acknowledge that the Website serves as a venue for the online distribution and publication of user submitted information between Coaches and Coaching Clients, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website you must first agree to the Terms. You may not use the Service if you do not accept the Terms. You can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you by Ellevate in the user interface; or (b) by actually using the Website. In this case, you understand and agree that Ellevate will treat your use of the Website as acceptance of the Terms from that point onwards.
You may not use the Service and may not accept the Terms if (a) you are not of legal age in your jurisdiction of primary residency to form a binding contract with Ellevate, or (b) you are a person barred from receiving the Services under any relevant laws of any jurisdiction that affects you.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of yourself or of any content you may contribute to the Service. Ellevate reserves the right (but not the obligation) to remove such information or terminate such accounts, and in cases of misappropriation of identity or fraud, take all further legal action as we deem appropriate.
Changing the Terms
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these Terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Service and to review such changes.
Using the Service
You need not register with Ellevate to visit the Website. You need to register with Ellevate to browse our directory of coaches, request a consultation from coaches listed in the directory, or request a coach recommendation. To be listed as a Professional Coach in our directory and to access and participate in Coach features of the Website, you will need to create a password-protected account. To create an account, you must submit your name, email address, basic coaching details through the account registration page on the Website, and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful in maximizing the benefit you receive from the Website.
If you have registered as a Coach with Ellevate, you are responsible for maintaining the confidentiality of login information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account regardless of who actually uses your account name or password.
The Website and the Services offered herein are provided solely as a forum and technical means to connect two people interested in having a coaching conversation and does not represent itself as being licensed to provide counseling, psychotherapy, or psychiatric evaluation, psychiatric therapy, or any other service requiring professional accreditation.
You are advised that there are clear boundaries surrounding the responsibilities between coaching and psychotherapy, counseling, or other medical treatments in psychology and psychiatry. Specifically, coaching involves providing education and guidance to those seeking to learn and implement a self-directed discovery process respecting their own lives. However, it is important to understand that this is different than psychotherapy, counseling, or other medical treatments in psychology and psychiatry. While both utilize knowledge of human behavior, motivation and behavioral change and interactive techniques, the major differences are in the goals, focus, and level of professional responsibility. Psychotherapy, counseling, or other medical treatments in psychology and psychiatry are health care services and are usually reimbursable through health insurance policies and require licensed health care professionals with accredited training to render. This is not true for coaching. The focus of coaching is the development and implementation of strategies to reach client-identified goals of enhanced performance and personal satisfaction. Coaching utilizes personal strategic planning, values clarification, brainstorming, motivational skills, and other similar techniques. However, coaching does not encroach into the areas involving use of skills that only licensed professionals are permitted to deliver. Coaching does not diagnose or treat mental health disorders. It is your responsibility to manage your own mental health, including obtaining necessary exams and ongoing support as needed. Coaching should be seen as a supplement to such a support system but not as a replacement for it.
In situations where you are under the care of a professional counselor or medical practitioner and conflict arises between the recommendations of those professionals and your coach, you have the responsibility to follow the guidance of the professionals.
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including consultations with Coaches listed on the Site. Although we may recommend or approve of a Coach, therapist or other related service provider who offers services through this Site, you understand that Ellevate is unable to guarantee the accuracy of information provided to you by or about Coaches, and that Ellevate is unable to confirm that any user is who they claim to be. Ellevate does not warrant and is not responsible for ensuring that users of the Services are in compliance with the Agreement. You agree to take all necessary precautions when communicating with or meeting individuals through any of the Services. You understand that Ellevate makes no representations, warranties or conditions, whether express, implied or collateral, regarding your compatibility with individuals you meet through the Service or as to the conduct of such individuals. You further understand that Ellevate makes no representations, warranties or conditions, whether express, implied or collateral, as to number or frequency of matches made available to you through the Service.
Neither Ellevate nor any third parties provide any warranty or guarantee as to the timeliness, accuracy, performance, completeness or suitability of the information or material found or offered on the Website provided by any coach, therapist or other related service provider. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this Website is entirely at your own risk, for which Ellevate shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website, its partners, or affiliates, meet your specific requirements.
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information which may include offers to buy or use other products or services. We have no responsibility for the content of the linked websites or any products or services used or purchased through them.
You acknowledge and agree that you shall comply with the following policies:
Unique and Bona Fide Profile. As a Potential Coaching Client, your use of the Service must be for bona fide coach-seeking, life improvement purposes in order to maintain the integrity of the Service (for example, you may not submit a request for a coach recommendation or request consultations from Coaches to compile a report of coaches in your area, or to write a school research paper). Not all Coaches are available for consultations. From time to time, Ellevate may create test profiles in order to monitor the operation of the Services.
No Harassment of Ellevate Employees or Agents. You will not harass, annoy, intimidate or threaten any Ellevate employees or agents engaged in providing any portion of the Services to you.
No Copying or Harvesting of Site Content. No portion of this Site, including but not limited to, Coach and Coaching Client names, addresses, phone numbers, email addresses, or copyrighted text may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose such as for use on a “mirrored”, competitive, or third party site without express written consent of Ellevate. You may not make any commercial use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
Geographic Limitations. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, provincial, territorial, federal, national and international laws and regulations. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Users through the Services.
Content Removal. Ellevate reserves the right, but has no obligation, to monitor the information you submit to the Site. Ellevate will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, either the letter or spirit of this Agreement, or upon the request of any third party.
Posting and Communication Restrictions. You will not communicate content (or links thereto) on the Site, transmit to other users, or otherwise engage in any activity on the Site or through the Service, that:
collects or solicits personal information about anyone under 18 years of age (or the age of majority in your jurisdiction, if it is older);
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, obscene or otherwise objectionable;
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
intended to defraud, swindle or deceive other users of the Services;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
disseminates or otherwise discloses another person’s personal information without his or her prior permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
solicits gambling or engages in any gambling or similar activity;
uses scripts, bots or other automated technology to access the Site or Services;
uses the Site or Services for chain letter, junk mail or spam emails; or
is in any way used for or in connection with spamming, phishing, trolling, or similar activities.
No False Information. You will not provide inaccurate, misleading or false information to Ellevate or to any other user. If information provided to Ellevate or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Ellevate of such change.
If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or policies, please do not use the Website. Should Ellevate find that you violated the terms of the membership eligibility criteria or any other terms stated herein, Ellevate reserves the right, at its sole discretion, to immediately terminate your use of the Website.
Ownership of Content
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You acknowledge and agree that any questions, comments, ideas, suggestions for new features, suggestions for improvements to existing features, feedback or other information about the Site or the Service (“Submissions”), provided by you to the Website or to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Liability of User Generated Content
Ellevate accepts no liability whatsoever for content generated by its Users or for the activities of its Users. These cannot be attributed to Ellevate, nor do they represent Ellevate’s opinion. This disclaimer also applies to links set up by Users on pages within the Ellevate website.
All Users of the Ellevate website bear sole and exclusive responsibility for the content and contributions input by them and for activities undertaken by them. Ellevate does not audit user-generated content or other user input prior to its publication on the Internet.
Disclaimer and Limitations on Liability
The Website, the Service, and the Website content are provided “as-is” and the company disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Website or the Service. Company does not represent or warrant that the content on the Website is accurate, complete, reliable, current or error-free or that the Website is free of viruses or other harmful components. Without limiting the foregoing, you understand and agree that if you download or otherwise obtain content, material, or data from the Website or through the Service, you do so at your own discretion and risk. In no event will the company or its directors, officers, advisors, employees, contractors, affiliates or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site or the Service.
For greater clarity, Ellevate shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, liability arising out of or in any way connected with or otherwise arising out of the use of the Website or Services, whether based on contract, tort, negligence, strict liability or otherwise. Under no circumstances will the Company be responsible for any loss or damage or personal injury or death resulting from anyone’s use of the Site or the Service or any interaction between users of the Site, whether online or offline.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.
Reference to any products, Services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Website or prohibit you from using or accessing the Service or the Website (or any portion, aspect or feature of the Service or the Website) for any reason, or no reason, at any time in its sole discretion, with or without notice.
These Terms of Service constitute the entire agreement between you and Company regarding the use of the Site or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
By visiting or using the Site and the Service, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the provincial and federal courts of Ontario, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the provincial and federal courts of Ontario.
Coach Listing Service
As a Coach, in order to be listed in Ellevate’s Sessions Calendar, and to retain the benefits of a listing on Ellevate, you must sign up under the Co-Lead Open Application form.
Details of what is expected from Coach is outlined on the website.
Coach Representations and Warranties
Throughout the time during which you are registered as a Co-Lead, you represent, warrant and agree to the following:
You will not make any misrepresentations nor create a misleading name or listing.
You will at all times provide correct and accurate representations of your skills, degrees, qualifications, background and other information and will maintain and update all such information to keep it true, accurate, current and complete.
You will not provide any medical or mental health advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship. You will not provide any medical or legal information unless you are a licensed professional in good standing in the relevant field of expertise and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
You must exercise a very high standard of care, equal to that of an experienced, professional coach would in a similar transaction not conducted through the internet, or to the standard of care mandated by the professional associations for which you are a member, whichever is higher.
You will maintain only one account unless you have been provided explicit permission from Ellevate.
Ellevate makes no representation or warranty whatsoever as to the willingness or ability of users to pay for any coaching services given by the Coach. Therefore, you, the Coach, are encouraged to verify the details and credit-worthiness of those users to whom you give or contemplate giving coaching services.
Coach Disclaimer of Warranty and Limitation of Liability
All users of Coach services, whether it is the Coach member or the recipient of the Coach’s services (the “Recipient”) do so at their own respective risks. Under no circumstances will Ellevate, their affiliates and respective officers, directors, shareholders, employees, sub-contractors or agents be liable for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in action of contract, negligence or other tortious action, or arising from the Services or any other use of this Website.
As a Coach, you acknowledge and agree that Ellevate disclaims any liability with respect to any claim, suit or action brought by a user in connection with the provision of any coaching services by you through the Website and you agree to indemnify and hold us harmless in connection with any such claim and any damages or expenses arising therefrom. We will not be liable for enforcing any Agreement that was made between you and any Recipient or other member, including fee agreements. You further acknowledge that you will solely be responsible and liable for any damages to any member to whom you provide coaching services and where that member suffers damages arising from or connected to such services. In the event of a dispute regarding any transaction conducted through the Website, you hereby releases Ellevate and its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney’s fees, which you may have against one or more of the above.
As a Coach, you understand that by using the Coach Services, your contact information may be made publicly available on the Internet. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including consultations with Clients procured through the Site. You understand that Ellevate is unable to guarantee the accuracy of information provided to you by prospective Clients, and that Ellevate is unable to confirm that any user is who he or she claims to be. Ellevate does not warrant and is not responsible for ensuring that users of the Services are in compliance with the Terms of Service. You agree to take all necessary precautions when communicating with or meeting individuals through the Services. You further understand that Ellevate makes no representations, warranties or conditions, whether express, implied or collateral, as to number or frequency of client referrals made available to you through the Services.
Once you have registered as a Coach, you will be able to offer your services to Recipients. You agree that all interaction with the Recipient shall be respectful and positive, and shall under no circumstances be abusive, derogatory, defamatory, sexist, racist, illegal or false. You shall also keep all information that you learn or discover from any Recipient as completely confidential, and shall not disclose this information to anyone without the permission of the Recipient. Exceptions to this are situations where: (a) you are required by law; (b) an imminent risk to someone may be involved; or (c) you have express permission from us.
Coach Membership Fees and Renewals Charges
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
Membership payments are collected monthly or annually. In order to provide continuous service, by default Ellevate automatically renews all paid subscriptions on the date such subscriptions expire; however, at any time, Coaches may set their paid subscription to no longer renew. Coaches whose accounts are not renewed on the subscription expiry date are automatically removed from the directory. We communicate renewal periods to you in the “Upgrade / Billing” page, on the “Dashboard” page, before you finalize the purchase of your subscription, and upon confirmation of purchase. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals.
We will automatically bill your credit card and issue a payment confirmation email each pay period. We reserve the right to modify the fees and charges and to introduce new charges at any time, upon at least THIRTY (30) DAYS prior notice to you, which notice may be provided by email.
If you switch from annual/monthly Plan X to annual Plan Y , you will be charged the new annual/monthly rate minus the unused portion of your annual/monthly package at the time that you switch packages. For example, if your last monthly payment was made on January 1st and then you switch to an Annual Membership on January 15th, you will be charged the Annual Membership rate minus the unused portion of January that you already paid for. Furthermore, your account will be set to automatically renew on January 15th of the following year unless you turn off the auto-renewal setting on your account.
If you cancel your account prior to the expiration date of your account, the changes to your account will take effect immediately, you won’t be charged again. Please read our refund policy for more details.
Fees for other services will be charged on an as-quoted basis.
You agree to provide us with complete and accurate billing and contact information. You agree to update this information within THIRTY (30) DAYS of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your Coach membership.
Non-Payment and Suspension
If your membership subscription is set to renew and becomes delinquent (falls into arrears) for more than FIFTEEN (15) DAYS, we will downgrade your account and/or remove you from the directory. To reactivate your account and to re-enlist your services in the directory, you may do so at any time by subscribing.
If we are unable to collect referral charges incurred on your account due to credit card failure, you must provide updated credit card details within THIRTY (30) DAYS that the payment is due.
If you have any concerns about material which appears on the Site, please contact us here.
Information We Collect
We collect information about you through the means discussed below. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use our Services.
1. INFORMATION YOU PROVIDE TO US
We collect a variety of information that you provide directly to us. For example, we collect information from you through:
The Services you use or processing your orders
Requests or questions you submit to us via online forms, email, or otherwise
Your participation in sweepstakes, contests, quizzes or surveys
Any reviews that you submit about the Services
Account registration and administration of your account
Uploads or posts to the Services
Requests for customer support and technical assistance
Information about you. While parts of the Services may not require you to provide any information that can directly identify you by name (such as if you choose to browse the website without logging in), the specific types of information we collect will depend upon the Services you use, how you use them, and the information you choose to provide. The types of data we collect directly from you includes:
Name, if you choose to provide it
Log-in credentials, if you create an Ellevate account
Billing information, such as shipping address of a gift card recipient, credit or debit card number, verification number, zip code, and expiration date
Information about purchases or other transactions with us
Information about your customer service interactions with us
Demographic information such as your gender or other information you choose to provide as part of your Ellevate profile
User-generated content you provide to us, such as when you comment on content on the Services, respond to a survey request, review a class, or participate in the public forums
Classes in which you enroll
Any other information you choose to directly provide to us in connection with your use of the Services
Information about others. If you request that your purchase be provided to someone other than yourself (such as a gift recipient), we use the information you provide about the other person to fulfill the shipment.
2. INFORMATION WE COLLECT THROUGH AUTOMATED MEANS
When you use our Services, we collect certain information as described in this Section. As discussed further below, we and our service providers (which are third party companies that work on our behalf) may use a variety of technologies, including cookies and similar tools, to assist in collecting this information.
Websites. When you use our website, we collect and analyze information such as your IP address, browser types, browser language, operating system, software and hardware attributes (including device IDs) referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, date and time of use, content watched, total minutes watched, error logs, and other similar information about how you use the website.
Mobile Applications. When you use an Ellevate mobile application or software (“app”), we automatically receive certain information about the mobile phone, tablet, or computer used to access the app, including device identifiers, IP address, operating system, version, Internet service provider, browser type, domain name and other similar information, whether and when you update the app, date and time of use, content watched, total minutes watched, error logs, and other similar information about how you use the app.
Location Information. When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/province/state and/or postal code associated with an IP address, city/province/state) from your computer or mobile device.
3. INFORMATION WE COLLECT FROM SOCIAL MEDIA AND OTHER CONTENT PLATFORMS
4. INFORMATION WE COLLECT FROM OTHERS
We may receive additional information such as demographic and statistical information from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups. We use this information to supplement the information that we collect directly from you in order to derive your possible interests and to provide more relevant experiences for you and improve our products, analytics, and advertising.
How We Use Your Information
We, or our service providers, use your information for various purposes depending on the types of information we have collected from and about you, in order to:
Complete a purchase or provide the Services you have requested, including invoicing and accounting
Respond to your request for information and provide you with more effective and efficient customer service
Provide you with updates and information about classes in which you have enrolled
Contact you by email, postal mail, or phone regarding Ellevate and third-party products, services, surveys, research studies, promotions, special events and other subjects that we think may be of interest to you
Customize the advertising and content you see on the Services
Help us better understand your interests and needs, and improve the Services, including through research and reports, and test and create new products, features, and services
Secure our websites and applications, and resolve app crashes and other issues being reported
Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others
Aggregate/Anonymous Data. We may aggregate and/or anonymize any information collected through the Services so that such information can no longer be linked to you or your device. We may use such information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.
Cookies and Similar Technologies
To collect the information in the “Information We Collect Through Automated Means” section above, we and our service providers use Internet server logs, cookies, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences. Cookies are small text files that are placed on your computer or mobile device when you visit a site that enable us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files.
Online Analytics and Advertising
We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
2. ONLINE ADVERTISING
The Services may integrate third-party advertising technologies that allow for the delivery of relevant content and advertising on the Services, as well as on other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
Third parties may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you as discussed above. These third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) may also serve tailored ads to you as you use the Internet and Internet-connected applications, and access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services to assist in this activity.
Please note that if you exercise the choices above, you will still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.
3. NOTICE CONCERNING DO NOT TRACK
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.
How We Share and Disclose your Information
Ellevate will share your information in the following ways:
Affiliates and Subsidiaries. We may share information we collect within the Ellevate Empowerment family of companies to deliver products and services to you, ensure a consistent level of service, and enhance our products, services, and your customer experience.
Service Providers. We provide access to or share your information with select third parties who perform services on our behalf. They have access to perform these services but are prohibited from using your information for other purposes. They provide a variety of services to us, including billing, sales, marketing, product content and features, advertising, analytics, research, customer service, data storage, security, fraud prevention, payment processing, and legal services.
Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.
Public Forums. Certain features of our Services make it possible for you to share comments publicly with other users. Any information that you submit through such features is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.
Aggregate/Anonymous Information. From time to time, we may share Aggregate/Anonymous Information about use of the Services, such as by publishing a report on usage trends. The sharing of such data is unrestricted.
Retention of Your Information
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
How We Protect Your Information
Ellevate takes technical and organizational security measures to protect the information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. Please keep this in mind when disclosing any information to Ellevate via the Internet.
Third Party Links and Features
The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without valid parental consent, we will take reasonable steps to delete it as soon as possible. We do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.
Data Subject Rights and Choices
Depending on your jurisdiction of residence, you may have certain rights with respect to your information as further described in this section.
1. YOUR LEGAL RIGHTS
If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Contact Information” section below at any time. Your local laws (e.g., in the EU) may permit you to request that we:
provide access to and/or a copy of certain information we hold about you
prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
update information which is out of date or incorrect
delete certain information which we are holding about you
restrict the way that we process and disclose certain of your information
transfer your information to a third party provider of services
revoke your consent for the processing of your information
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.
2. MARKETING COMMUNICATIONS AND SHARING
You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you, or important notifications regarding classes in which you are enrolled.
Legal Bases for Use of Your Information
Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with: the terms of service of our websites which you accept by browsing the websites/registering; and/or our contract to provide our Services to you);
Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our website and applications; operate our business and our Services; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud and to know the customer to whom we are providing Services);
Where we are required to process information in accordance with an EU Member State legal obligation; or
Where we have your consent, in accordance with applicable law.