Privacy Policy

This is the PrivacyPolicy for the Lucidly, Inc., dba Antifragile Quotient (“AQ”,“us” or “we”). It explains how we collect and use informationthrough your access to our websites such as aqfounder.com or social mediachannels we own or operate (“Website”) or your access to and use of AQ’sproprietary client portal platform via web or mobile application (“ClientPortal”) pursuant to our Digital Services Terms of Use (www.aqfounder.com/terms-of-service)(“Digital Services”) or your receipt or participation in our consultingservices as a Client or a Client’s Participant pursuant to a Services Agreement(“Consulting Services”). The Digital Services and Consulting Servicesare collectively referred to in this Privacy Policy as the “Services.”  Please read this Privacy Policy carefully to understandhow we collect, use, protect or otherwise handle Personal Information whenproviding the Services.  We may provide additional notices about our privacypractices, each of which will be considered to form part of this PrivacyPolicy. YOU CONSENT TO OUR PRIVACYPRACTICES BY INDICATING YOUR CONSENT WHERE THAT OPTION IS MADE AVAILABLE OR BY USINGTHE SERVICES IN ANY MANNER. If you do not agree with this Privacy Policy,do not access or use the Services. We may update this Privacy Policy from timeto time. Your continued use of the Services after posting an update will bedeemed your consent to such changes. We will collect additional or renewed consentto the extent required by applicable law.

Ifyou have any questions regarding this privacy policy, you may contact us atsupport@aqfounder.com.

1.             Clients and Participants

Clients andtheir employees, contractors, agents, participants, and other end users ofClient (“Participants”) use the Services on a business-to-businessbasis. Each Client determines how it will use the Services and which Participantswill take part in the Services. AQ only collects Personal Information aboutParticipants as a service provider to the Client and subject to the Client’spractices and policies. Client is responsible for its own privacy practices, including how PersonalInformation about its Participants is processed by and through the Services. The Client is responsible for givingParticipants adequate notice of the Services and obtaining Participant consentfor their participation in the Services and any processing of the Participants’Personal Information that may occur by or through the Services. Participants shouldcontact the Client with any questions about their Personal Information on theServices.

2.             What is “PersonalInformation”?

As used inthis Privacy Policy, “PersonalInformation” means information that identifies, relates to, describes,references, is capable of being associated with, or could reasonably be linked,directly or indirectly, with a particular individual consumer or household,such as:

●     Identifiers (e.g., name, email, telephonenumber, address, username);

●     Employment-related information (e.g.,current or past employment);

●     Sensitive Personal Information (e.g., biometricslike voice recordings, precise geolocation, health information, contents ofmessages when we are not the recipient; in some cases, information about aknown child);

●     Legally protected information (e.g.,race, citizenship, marital status, sex);

●     Non-public educational information,including information protected under the Family Educational Rights and PrivacyAct (20 U.S.C. § 1232g, 34 C.F.R. Part 99);

●     Commercial information (e.g., products orservices purchased, obtained, or considered, or other purchasing or consuminghistories or tendencies);

●     Internet or other similar activity (e.g.,browsing history; content interactions); and

●     Inferences drawn from PersonalInformation to create a profile about preferences, characteristics, trends,predispositions, behavior, attitudes, intelligence, and aptitudes.

Not allinformation about a person is legally protected as Personal Information. Someinformation that may be excluded from legal protections include informationthat is: (i) publicly available (ii) aggregated, meaning data about a group orcategory of services or Participants from which individual identities and otherPersonal Information has been removed; or (iii) deidentified so that it cannotbe easily linked back to the individual.

3.    AQ’s PrivacyPractices

AQ collectsPersonal Information in the categories of identifiers, employment information, internetand similar activity from Participants and Clients, as well as sensitiveinformation or other categories of Personal Information that a Participantchooses to include when participating in Consulting Services sessions with AQor otherwise using the Services. We collect this information with permissionfrom the Client and a legitimate interest to provide contracted Services to ourClients, Participant consent by their participation in our sessions and otherServices, or as authorized or required by law. AQ will only collect, use,retain, and disclose Personal Information as described in this Privacy Policy,and only as reasonably necessary and proportionate to provide the DigitalServices or for other purposes stated in this Privacy Policy or at the time ofcollection.

AQ collectsand uses Personal Information as described below:

·      From the Client, as a serviceprovider. AQ collects and usesPersonal Information provided by the Client subject to the Client’s permissionand instructions to provide Services as contracted by the Client. When a Clientregisters with AQ, we collect the point of contact name and contact information,business details, and other identifiers to create and facilitatetheir account and use of the Services. AQ will also collect responses to the Client’s AQ Assessment, both forthe organization and an individual AQ Assessment for the Client’s point ofcontact. We also collect any other information a Client provides to AQ, such ascontact information, employment information, or other details about theClient’s Participants. AQ collects and uses this Personal Information as aservice provider to the Client and subject to the Client’s instructions.

·      From Participants, as a serviceprovider to the Client through which the Participant accesses our Services. The Client will assign itsParticipants to complete AQ Assessments on the Website. AQ will collect allinformation provided as part of the AQ Assessment and process it to provide,analyze, and improve the Services. Additionally, the Client will schedule oneor more Consulting Services sessions with AQ, during which AQ will collect anyinformation disclosed by the Client or its Participants during ConsultingServices sessions. AQ uses thisinformation to provide the contracted Services. AQ collects and uses thisPersonal Information as a service provider to the Client and subject to theClient’s instructions.

·      Session Recordings, as a serviceprovider to the Client. Consulting Services sessions may be recorded ortranscripts generated for AQ to reference in providing Services to the Client.The Client is responsible for notifying Participants of session recordings andobtaining Participant consent to record their activities in the sessions anduse the recordings in receipt of Services from AQ. Participants consent tosession recordings by participating in a session with AQ. Participants who do not consent torecordings must determine whether the Participant should opt out of therecorded session or if the Client will instruct AQ to not record the session.Please note that not recording a session may significantly impact the qualityof Services AQ is able to provide to the Client.

·       ArtificialIntelligence, as a service provider to the Client. AQ may use artificialintelligence technology (“AI”) to process data input to the Services bythe Client and its Participants, including recordings and other data collectedduring Consulting Services sessions with AQ. AQ uses AI to provide AI-generatedoutputs to enhance the quality of Services offered to Clients. Any PersonalInformation input to AI tools will be processed in a closed system and keptconfidential as to the Client and its Participants. Personal Informationcollected to provide Services to one Client will not be used to generateoutputs to the benefit of a different Client. Any use of AI-generated outputsby the Client is subject to the Client’s privacy practices, not AQ’s. AQ has noliability for the use of any data or AI-generated output by a Client or anyother party.

The AI tools we use are provided by third party service providers. YOURINFORMATION MAY BE ACCESSIBLE TO AQ OR OUR THIRD-PARTY SERVICE PROVIDERSSIMULTANEOUSLY AND IN REAL TIME. By participating in Consulting Services sessionsor otherwise using our Services, you consent to this access to your informationby AQ and our AI service providers. If you do not consent to such access, youmust make arrangements with the Client to prevent your Personal Informationfrom being collected by AQ for this purpose. AQ may also use data input to AItools for our legitimate interest of performing analytics on our Services,training and improving our AI tools, or to improve the Services. Byparticipating in a session or otherwise using our Services, you consent to AQprocessing your Personal Information using AI tools.

·       Interactionswith the Digital Services. The Digital Services automatically collecttechnical data from your sessions, which may include some Personal Information.This technical data may includeyour device ID, IP address, browser type and language, hardwaretype, operating system, session date and time, and content interactions. Wealso use cookies to understand how users interact with the Digital Services andto save your preferences from one session to the next. Cookies are small filesplaced on your device to recognize your browser and capture data from yoursessions. The cookies we use on the Digital Services include:

ü  HotJar cookies for analytics that help usunderstand how users interact with the Digital Services.  

ü  Calendly cookies to support our digitalappointment booking feature.

ü  Stripe cookies to support paymentprocessing via the Digital Services.

We collect data through cookies to achieve ourlegitimate interest of providing and improving the Digital Services. You canblock or adjust how cookies interact with your device by changing your browsersettings or by installing a third-party plugin.

·      When You Contact AQ. If youcontact AQ to inquire about our Services or for customer support, we willcollect your contact information and any information you provide related toyour inquiry. We use this information to respond to your inquiry and to sendyou our newsletter, marketing messages, and other communications subject toyour stated communication preferences. We collect this information with your consent, and we use it for thepurposes stated at the time of collection, to provide you with the requestedServices, and to improve how we offer the Services.

·      No Payment Processing. AQ never collects, stores, orprocesses payment information. We use a secure third-party payment processor tocollect, process,and store payment information, subject to the payment processor’s policies andterms.

·       NoChildren’s Personal Information. The Services are designed for use byadults, not children. The Client is responsible for using the Services in amanner that prevents children from providing their Personal Information to AQ.If a Client permits a child to provide Personal Information through theServices, that Client does so according to its own privacy practices, not ours.Please contact the Client with any questions about children’s privacy. If wediscover that a child under 18 has provided AQ with their Personal Information,we will delete their information from our systems. If you believe we might haveany information collected online from a child under 18, or if you become awareof any unauthorized submission of information to us, please contact us atsupport@aqfounder.com.

·       OtherUses of Personal Information. In addition to the specific uses describedabove, we may use Personal Information to (a) provide, administer, maintain,improve, or analyze the Services; (b) communicate with Clients or others; (c) developnew Services, products, or features; (d) prevent fraud, criminal activity, ormisuse of the Services, and protect the security of our information systems;(e) comply with legal obligations or protect our rights and the rights ofothers; or (f) support or carry out a business transition or transfer.

4.             Disclosing PersonalInformation

AQ discloses the Personal Information we process while providing ourServices to Clients as described below. We may also disclose your PersonalInformation with your permission or as required by law. In the preceding 12months, we have disclosed Personal Information from all categories ofcollection to one or more of the following recipients:

●      The Client. AQ only collects Personal Information as a service provider toour Clients. Personal Information related to a Client and its Participants isprocessed for the benefit of that Client and may be made available to the Clientthrough our Services. For example, we may provide the results of your AQAssessments to the Client through which you participate in the Services or tothird parties as instructed by the Client. This may include your assessmentscore and related readouts, reports, and analysis. Clients use this PersonalInformation according to their own privacy practices. AQ does not control and isnot responsible for the privacy practices of our Clients. Participants should directany questions about their Personal Information and AQ Services to the Client.

●      AQ’s Service Providers. AQ uses avariety of service providers such as website hosting services, analyticsservices, and email services. The type of information that we disclose to aservice provider will depend on the service that they provide to us. Ourservice providers are subject to contractual agreements that protect your PersonalInformation, and we require all service providers to maintain confidentialitystandards that are commercially reasonable to ensure the security of your PersonalInformation.

●      AI Tools. AQ uses third-party AI toolsto provide certain aspects of the Services. AQ may transfer certain data to these third-party AI tools simultaneouslyand in real time or in the format of Consulting Services session recordings. AQ will only process yourPersonal Information through an AI tool to provide Services to the Client orfor internal operations purposes. BY PARTICIPATING IN A SESSION OR OTHERWISEUSING THE SERVICES, YOU CONSENT TO DISCLOSURE OF YOUR INFORMATION TO OURTHIRD-PARTY AI SERVICE PROVIDERS, AND YOU WAIVE ANY POTENTIAL EAVESDROPPING ORWIRETAPPING CLAIMS.

●      Law enforcement, and other governmentalagencies, as permitted or required by law.

●      Other third parties, as permitted byapplicable law, for example: if we go through a business transition (e.g.,merger, acquisition, or sale of a portion of our assets); to comply with alegal requirement or a court order; when we believe it is appropriate in orderto take action regarding illegal activities or prevent fraud or harm to anyperson; to exercise or defend our legal claims; or for any other reason withyour consent.

●      Aggregated and Deidentified Information.We may de-identify or aggregate any Personal Information or other data input toor collected through the Services. De-identified and aggregated data is not PersonalInformation, and we will not attempt to reidentify it with any consumer exceptas required by law. We may use this data to analyze the effectiveness of theServices or improve the Services, such as to train our language learningmodels, improve or add features, or for research or related purposes. Wereserve the right to disclose aggregated and de-identified data to thirdparties without limitation.

5.             Retention ofPersonal Information

PersonalInformation collected through your participation in the Services is retained byAQ indefinitely unless the Client requests that we delete it. A Clientmay also retain Personal Information collected through the Client’s receipt ofthe Services as permitted by the Client’s own data retention and privacypractices.

PersonalInformation on our marketing lists is retained until you opt-out or wedetermine that the information no longer serves our business purposes. Othertypes of data are retained and disposed of according to AQ company policies. Whenwe no longer have a business need for your Personal Information, we will eitherdelete, de-identify, or anonymize it whenever feasible. Where not feasible(such as data in our backup archives) we will securely store it and keep itisolated from further processing until it can be permanently deleted. We reserve the right to retain PersonalInformation for longer if we feel it is necessary for legal or regulatorypurposes.

6.             Available in the United StatesOnly

AQis owned and operated in the United States and made available to Clients fortheir businesses in the United States. We do not warrant that the Services areappropriate or authorized for use in any other jurisdiction. Each Client isresponsible for determining whether its use of the Services complies withapplicable laws. If you use the Services from outside the United States, you doso at your own risk and your Personal Information will be transferred to,processed, stored, and used in the United States. Personal Information in theUnited States, it may be accessed by government authorities. By allowing AQ tocollect Personal Information about you, you consent to the transfer andprocessing of your Personal Information as described in this section.

7.             Notice of Privacy Rights

AQ currently offers the Services in the UnitedStates only. Consumerprivacy in the United States is governed by federal privacy laws applicable tocertain industries, plus state consumer privacy laws that require companies toprovide consumers with a notice of privacy practices and options to exerciseprivacy rights. This section offers a courtesy notice of privacy rights thatmay be available to you depending on where you reside. Residentsof states that offer privacy protections may be entitled to some or all theprivacy rights listed below:

• Right to Correct. You have     the right to request that we correct inaccurate Personal Information about     you on our systems. If you become aware that the Personal Information that     we hold about you is incorrect, or if your information changes, please     inform us and we will update our records.
• Right to Access. You may     have the right to request confirmation that we have collected Personal     Information about you and that we provide you with access to that Personal     Information. If you submit an access request, we will provide you with     copies of the requested pieces of Personal Information in a portable and     readily usable format. Please note that AQ may be prohibited by law from     disclosing certain pieces of Personal Information, and we may be limited     in the number or frequency of requests we must fulfill.  
• No Selling or Sharing Personal     Information. Some states entitle consumers to opt-out of the sale or     sharing of Personal Information or targeted advertising practices. AQ does     not sell your Personal Information or share it to third parties for     cross-contextual behavioral advertising purposes.
• Limited Use and Disclosure of     Sensitive Personal Information.     You may have the right to opt-out or limit our use of your sensitive     Personal Information. AQ may collect or receive Personal Information from     you that qualifies as sensitive Personal Information under privacy laws.     We only use this Personal Information to provide the Services. AQ does not     and will not disclose any sensitive Personal Information for the purpose     of inferring characteristics about you or otherwise use your sensitive     Personal Information without your consent.
• No “Profiling.” You may     have the right to opt-out of automated profiling. AQ uses predictive and     analytical technology tools to understand Clients and Participants for the     purposes of providing the Services, but AQ does NOT process Personal     Information to evaluate, analyze, or predict your interests and     preferences or otherwise use automated profiling to produce significant     effects that concern you. Please direct any questions to the Client.
• Right to Disclosure. You     may have the right to request that we disclose information to you about     our collection and use of your Personal Information, such as: (i) the     categories of Personal Information we have collected about you; (ii) the     categories of sources for the Personal Information we have collected about     you; (iii) our business purpose for collecting, using, processing, sharing     or selling that Personal Information, as applicable; (iv) the categories     of third parties with whom we share that Personal Information; and (v) if     we sold or shared your Personal Information under applicable consumer     privacy laws, two separate lists stating: (A) sales or sharing,     identifying the Personal Information categories that each category of     recipient purchased; and (B) disclosures for a business purpose,     identifying the Personal Information categories that each category of     recipient obtained.
• Right to Nondiscrimination.     We will not discriminate against you for exercising your privacy rights.     For example, unless permitted by law we will not: (1) deny you goods or     services; (2) charge you different prices or rates for goods or services;     (3) provide you a different level or quality of goods or services; (4)     retaliate against you as an employee, applicant for employment, or     independent contractor for exercising your privacy rights; or (5) suggest     that you may receive a different price or rate for goods or services or a     different level or quality of goods or services, because you exercised a     right under applicable privacy laws.
• Right to Deletion. You may     have the right to request that we delete your Personal Information that we     collected and retained, with certain exceptions. AQ may permanently     delete, deidentify, or aggregate the Personal Information in response to a     request for deletion.
• Health     Data Rights. The Services are not designed to process health data.     Please do not submit any health data to AQ. Some state laws entitle     consumers to certain details about health data collected about them,     including (i) confirmation of whether the entity collects, shares, or     sells the consumer’s health data and access that data, including a list of     all third parties and affiliates with whom the entity has shared or sold     the health data and a method to contact those third parties, (ii) a method     to withdraw consent related to use of health data, and (iii) the right to     have their health data be deleted.
• Disclosure of Marketing     Information. California’s Shine the Light Act (Civil Code sections     1798.83-1798.84) entitles California residents to request certain     disclosures regarding Personal Information sharing with affiliates and/or     third parties for marketing purposes.

If you are a Participant, you must contact the Clientto exercise your privacy rights. The Client is ultimately responsible for how your PersonalInformation is processed by AQ and for supporting your exercise of privacyrights.

8.             Your PrivacyControls

Youcan control how your Personal Information is processed by AQ as follows:

●      Consulting Services. AQ provides consulting services on abusiness-to-business basis to the Client. The Client is solely responsible forany Participant Personal Information processed by AQ as part of ConsultingServices. Participants should direct anyprivacy questions about the Consulting Services to the Client.

●      Client Portal. Clients and Participants with a Client Portal login can access,correct, and update certain Personal Information on their account by logging inand saving their changes or adjusting settings. If you require assistance orwant to revoke a consent you previously gave us, please contact support@aqfounder.com.

●     AQ Emails. AQ may send you support emails related to your account or, if youopt-in, we will send you marketing emails. You can unsubscribe or change yourpreferences via the links provided in the emails or send a request to support@aqfounder.com. If you opt outof marketing emails, we will still send support emails related to your account.

●     Text Messages. If you provide yourwireless number, you consent to AQ sending you informational text messages.However, we will only send you marketing text messages if you opt in. Thenumber of texts you receive will depend on the Services you use and theinformation you request from us. You can unsubscribe from text messages byreplying STOP or UNSUBSCRIBE to any of these text messages. Messaging and datacharges may apply to any text message you receive or send. Please contact yourwireless carrier if you have questions about messaging or data charges.

●      Privacy Requests. If you are a Participant, please directprivacy-related requests or inquiries to the Client. Otherwise, to exercise privacyrights as a Client or Website visitor, express concerns, lodge a complaint, orrequest information, please contact support@aqfounder.com. Werespond to privacy requests as required by applicable law.

●     Device Settings. You can control the datawe collect through cookies and related technologies by adjusting your devicesettings or your cookie preferences on the website.

●     Do NotTrack. Do Not Track signals are signals sent through a browser informing usthat you do not want to be tracked. Currently, our systems do not recognizebrowser “do-not-track” requests.

9.             Data Security

AQhas implemented and maintains reasonable security measures to secure PersonalInformation processed via the Services from accidental loss and unauthorizedaccess, use, alteration, and disclosure. Data and systems are subject toregular vulnerability scans and backups. Our service providers arecontractually bound to adhere to the same security protections. Our securitymeasures are appropriate to the volume, scope, and nature of the PersonalInformation processed and designed to meet our duty of care. However, AQ cannotguarantee the security of information transmitted over the Internet. Clientsand Participants are each responsible for using the Services securely,including keeping login credentials private and taking care when submittingdata to the Services. Any data transmissions are at the risk of the personinitiating the transfer.

10.          NotResponsible for Third-Party Services

TheServices may use or offer access or links to services provided by thirdparties. Please note that AQ has no control over third-party websites, apps,devices, or systems, and you should exercise caution when deciding to discloseyour Personal Information on those services.

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