Privacy Policy for Considr Inc.

This Privacy Policy was last updated on Sep 22, 2021.


Considr, Inc. (“Ponder,” “we,” “our,” or “us”) values the privacy of individuals who use the Ponder website and related services (collectively, the “Service”). This Privacy Policy (the “Policy”) describes the information that we gather from visitors, users, and others who access or use the Service (“you” or “your”), how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices described in this Policy. 


This Policy is incorporated into and is subject to the Ponder Terms of Service. Capitalized terms used but not defined in this Policy have the meaning given to them in the Terms of Service. 


Information We Collect


Personal Information

While using the Service, we will ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Information”). Personal Information may include, but is not limited to, your name, email address, payment information, and other contact and demographic information. You may provide us with Personal Information when you register for an account, use the Service, contact customer support, sign up for marketing material, or otherwise communicate with us. Please note that if you choose not to share certain Personal Information with us, or refuse certain contact permissions, we might not be able to provide certain parts of the Service. 


Usage Information

We collect information about how you interact with the Service, such as device type, IP address, operating system, browser type, address of a referring website, activity on our website, device ID, access dates and times, location, information related to your transactions on the Service, and other system activity. We may collect certain information by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers. In many cases the information we collect using cookies and other tools is only used in a non-identifiable manner without reference to Personal Information. For example, we may use information we collect to better understand website traffic patterns and to optimize your experience. In some cases we associate the information we collect using cookies and other technology with Personal Information. We track users’ use of the Service, but we do not track users across third party websites. We do not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who visit or use the Service.


Third-Party Cookies

Third parties may also use cookies, web beacons, or other devices to collect information when you use the Service. Ponder does not control any cookies or other data collection tools that may be placed on the Service by a third party, and this Policy does not cover the use of such cookies and/or other data collection tools by any third party. We encourage you to read the privacy policies of such third parties to find out more about the information that may be collected by them and the choices you have regarding the collection, use, and sharing of such information. You may be able to “opt out” of the collection of information through cookies or other tracking technology by actively managing the settings on your browser or mobile device. 


Recordings

In order to provide the Service to you, we may make audio and/or video recordings of your interactions with the Service, such as inquiries you make as part of the Service and interactions with coaches. By using the Service, making inquiries, and interacting with a coach, you consent to such recording and our use and storage of any recording in accordance with this Policy. 


How We Use Your Information 


Provide, Maintain, and Improve the Service

We may use your information to:

  • communicate with you if you contact us directly or sign up for marketing material
  • perform our obligations under the contract we have entered into with you
  • provide customer service and process any transactions
  • send you confirmations, updates, security alerts, and support and administrative messages
  • detect and prevent fraud
  • operate, protect, and optimize the Service and your experience, such as by performing analytics and conducting research 
  • ‍troubleshoot and protect against errors
  • personalize and improve the Service, including to recognize and contact you across multiple devices
  • monitor and analyze usage and trends and otherwise measure the effectiveness of the Service
  • develop new features


Sharing Your Information

‍If you use the Service, you are authorizing us to share information:

  • that you direct us to disclose to others
  • in a de-identified manner with your employer if you use the Service as part of our enterprise model
  • with a coach you choose to work with
  • with our third-party business partners, vendors, and consultants who perform services on our behalf or who help us provide the Service, such as accounting, managerial, technical, marketing, or analytic services
  • if required to do so by law or in the good-faith belief that such action is necessary to comply with local, state, federal, or international laws, or to respond to a court order, judicial or other governmental subpoena or warrant, or in the event of bankruptcy proceedings
  • if we believe in good faith that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of Ponder, our users, our employees, copyright owners, third parties, or the public, including without limitation to protect Ponder or our users from fraudulent, abusive, inappropriate, or unlawful use of the Service
  • to enforce or apply this Policy, our Terms of Service, or our other policies or agreements
  • in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where information may be disclosed or transferred as one of the business assets of Ponder


Nothing herein restricts the sharing of aggregated or anonymized information, which may be shared with third parties without your consent. This Policy in no way restricts or limits our collection and use of aggregate or de-identified information.


How We Protect Your Information


We take measures designed to protect Personal Information in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction, such as the use of firewalls, password protection, secure socket layer, encryption, and other security measures. We will only keep your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We may also retain and use your Personal Information for as long as necessary to resolve disputes and/or enforce our rights. Where we rely on your consent to process your Personal Information, you have the right to decline consent and/or if provided, to withdraw consent at any time. This will not affect the lawfulness of processing prior to the withdrawal of your consent. 


We limit access to Personal Information to our employees, agents, contractors, and other third parties who have a business need to know. They will only process Personal Information on our instructions and they are subject to a duty of confidentiality. We have implemented procedures to handle any suspected Personal Information breach and will notify you and any applicable regulator of a breach as legally required. 


Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. To protect the confidentiality of information maintained in your account, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Service by any person using your password. Please advise us immediately if you believe your password has been misused.


California Privacy Rights


California law permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact” section for where to send such requests. We do not share your Personal Information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your Personal Information to third parties for their direct marketing purposes by withholding consent.


The California Consumer Privacy Act of 2018 (the “CCPA”) allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information (as defined in the CCPA) to give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. See the “Contact” section for where to send such requests. Consistent with California law, if you choose to exercise your rights, we will not charge you different prices or provide different quality of services unless those differences are related to your information. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.


We do not sell personal information to third parties. We do allow third parties to collect and share personal information through the Service and share personal information with third parties for the business purposes described in this Policy.


Children’s Privacy


The Service is not directed to children under 16 and we do not knowingly collect Personal Information from children under 16. If we learn that we have collected Personal Information of a child under 16, we will take steps to delete such information from our files as soon as possible.


Accessing and Modifying Your Information


If you have an account on the Service, you can access and modify your Personal Information associated with your account in your profile settings or by emailing us at the email address below. You can choose to delete your Personal Information and other data  by following the instructions on your profile page.Please note that some information may remain in archived/backup copies for our records and as otherwise required by law.

You may “opt out” of receiving marketing or promotional emails from us by following the instructions in those emails or by emailing us at the email address below. If you opt out, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations (i.e. account verification, transactional communications, changes/updates to features of the Service, and technical and security notices).


Changes and Updates to the Policy


We reserve the right to change the provisions of this Policy at any time. Please revisit this page periodically to stay aware of any changes. If we modify this Policy, we will make it available through the Service and indicate the date of the latest revision. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood, and agreed to the current version of this Policy. 


Contact


Please contact us with any questions regarding this Policy at info@pondercoach.com.