Privacy Policy

This is the Privacy Policy for the Lucidly, Inc., dba Antifragile Quotient (“AQ”, “us” or “we”). It explains how we collect and use information through your access to our websites such as aqfounder.com or social media channels we own or operate (“Website”) or your access to and use of AQ’s proprietary client portal platform via web or mobile application (“Client Portal”) pursuant to our Digital Services Terms of Use (www.aqfounder.com/terms-of-service) (“Digital Services”) or your receipt or participation in our consulting services as a Client or a Client’s Participant pursuant to a Services Agreement (“Consulting Services”). The Digital Services and Consulting Services are collectively referred to in this Privacy Policy as the “Services.” Please read this Privacy Policy carefully to understand how we collect, use, protect or otherwise handle Personal Information when providing the Services. We may provide additional notices about our privacy practices, each of which will be considered to form part of this Privacy Policy. YOU CONSENT TO OUR PRIVACY PRACTICES BY INDICATING YOUR CONSENT WHERE THAT OPTION IS MADE AVAILABLE OR BY USING THE 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 time to time. Your continued use of the Services after posting an update will be deemed your consent to such changes. We will collect additional or renewed consent to the extent required by applicable law.

If you have any questions regarding this privacy policy, you may contact us at support@aqfounder.com.

1. Clients and Participants

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

2. What is “Personal Information”?

As used in this Privacy Policy, “Personal Information” 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, telephone number, address, username);
• Employment-related information (e.g., current or past employment);
• Sensitive Personal Information (e.g., biometrics like voice recordings, precise geolocation, health information, contents of messages when we are not the recipient; in some cases, information about a known child);
• Legally protected information (e.g., race, citizenship, marital status, sex);
• Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99);
• Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
• Internet or other similar activity (e.g., browsing history; content interactions); and
• Inferences drawn from Personal Information to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes.

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

3. AQ’s Privacy Practices

AQ collects Personal Information in the categories of identifiers, employment information, internet and similar activity from Participants and Clients, as well as sensitive information or other categories of Personal Information that a Participant chooses to include when participating in Consulting Services sessions with AQ or otherwise using the Services. We collect this information with permission from the Client and a legitimate interest to provide contracted Services to our Clients, Participant consent by their participation in our sessions and other Services, 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 Digital Services or for other purposes stated in this Privacy Policy or at the time of collection.

AQ collects and uses Personal Information as described below:

• From the Client, as a service provider. AQ collects and uses Personal Information provided by the Client subject to the Client’s permission and instructions to provide Services as contracted by the Client. When a Client registers with AQ, we collect the point of contact name and contact information, business details, and other identifiers to create and facilitate their account and use of the Services. AQ will also collect responses to the Client’s AQ Assessment, both for the organization and an individual AQ Assessment for the Client’s point of contact. We also collect any other information a Client provides to AQ, such as contact information, employment information, or other details about the Client’s Participants. AQ collects and uses this Personal Information as a service provider to the Client and subject to the Client’s instructions.
• From Participants, as a service provider to the Client through which the Participant accesses our Services. The Client will assign its Participants to complete AQ Assessments on the Website. AQ will collect all information provided as part of the AQ Assessment and process it to provide, analyze, and improve the Services. Additionally, the Client will schedule one or more Consulting Services sessions with AQ, during which AQ will collect any information disclosed by the Client or its Participants during Consulting Services sessions. AQ uses this information to provide the contracted Services. AQ collects and uses this Personal Information as a service provider to the Client and subject to the Client’s instructions.
• Session Recordings, as a service provider to the Client. Consulting Services sessions may be recorded or transcripts generated for AQ to reference in providing Services to the Client. The Client is responsible for notifying Participants of session recordings and obtaining Participant consent to record their activities in the sessions and use the recordings in receipt of Services from AQ. Participants consent to session recordings by participating in a session with AQ. Participants who do not consent to recordings must determine whether the Participant should opt out of the recorded session or if the Client will instruct AQ to not record the session. Please note that not recording a session may significantly impact the quality of Services AQ is able to provide to the Client.
• Artificial Intelligence, as a service provider to the Client. AQ may use artificial intelligence technology (“AI”) to process data input to the Services by the Client and its Participants, including recordings and other data collected during Consulting Services sessions with AQ. AQ uses AI to provide AI-generated outputs to enhance the quality of Services offered to Clients. Any Personal Information input to AI tools will be processed in a closed system and kept confidential as to the Client and its Participants. Personal Information collected to provide Services to one Client will not be used to generate outputs to the benefit of a different Client. Any use of AI-generated outputs by the Client is subject to the Client’s privacy practices, not AQ’s. AQ has no liability for the use of any data or AI-generated output by a Client or any other party.

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

• Interactions with the Digital Services. The Digital Services automatically collect technical data from your sessions, which may include some Personal Information. This technical data may include your device ID, IP address, browser type and language, hardware type, operating system, session date and time, and content interactions. We also use cookies to understand how users interact with the Digital Services and to save your preferences from one session to the next. Cookies are small files placed on your device to recognize your browser and capture data from your sessions. The cookies we use on the Digital Services include:
• HotJar cookies for analytics that help us understand how users interact with the Digital Services.
• Calendly cookies to support our digital appointment booking feature.
• Stripe cookies to support payment processing via the Digital Services.

We collect data through cookies to achieve our legitimate interest of providing and improving the Digital Services. You can block or adjust how cookies interact with your device by changing your browser settings or by installing a third-party plugin.

• When You Contact AQ. If you contact AQ to inquire about our Services or for customer support, we will collect your contact information and any information you provide related to your inquiry. We use this information to respond to your inquiry and to send you our newsletter, marketing messages, and other communications subject to your stated communication preferences. We collect this information with your consent, and we use it for the purposes stated at the time of collection, to provide you with the requested Services, and to improve how we offer the Services.
• No Payment Processing. AQ never collects, stores, or processes payment information. We use a secure third-party payment processor to collect, process, and store payment information, subject to the payment processor’s policies and terms.
• No Children’s Personal Information. The Services are designed for use by adults, not children. The Client is responsible for using the Services in a manner that prevents children from providing their Personal Information to AQ. If a Client permits a child to provide Personal Information through the Services, that Client does so according to its own privacy practices, not ours. Please contact the Client with any questions about children’s privacy. If we discover 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 have any information collected online from a child under 18, or if you become aware of any unauthorized submission of information to us, please contact us at support@aqfounder.com.
• Other Uses of Personal Information. In addition to the specific uses described above, we may use Personal Information to (a) provide, administer, maintain, improve, or analyze the Services; (b) communicate with Clients or others; (c) develop new Services, products, or features; (d) prevent fraud, criminal activity, or misuse of the Services, and protect the security of our information systems; (e) comply with legal obligations or protect our rights and the rights of others; or (f) support or carry out a business transition or transfer.

4. Disclosing Personal Information

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

• The Client. AQ only collects Personal Information as a service provider to our Clients. Personal Information related to a Client and its Participants is processed for the benefit of that Client and may be made available to the Client through our Services. For example, we may provide the results of your AQ Assessments to the Client through which you participate in the Services or to third parties as instructed by the Client. This may include your assessment score and related readouts, reports, and analysis. Clients use this Personal Information according to their own privacy practices. AQ does not control and is not responsible for the privacy practices of our Clients. Participants should direct any questions about their Personal Information and AQ Services to the Client.
• AQ’s Service Providers. AQ uses a variety of service providers such as website hosting services, analytics services, and email services. The type of information that we disclose to a service provider will depend on the service that they provide to us. Our service providers are subject to contractual agreements that protect your Personal Information, and we require all service providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information.
• AI Tools. AQ uses third-party AI tools to provide certain aspects of the Services. AQ may transfer certain data to these third-party AI tools simultaneously and in real time or in the format of Consulting Services session recordings. AQ will only process your Personal Information through an AI tool to provide Services to the Client or for internal operations purposes. BY PARTICIPATING IN A SESSION OR OTHERWISE USING THE SERVICES, YOU CONSENT TO DISCLOSURE OF YOUR INFORMATION TO OUR THIRD-PARTY AI SERVICE PROVIDERS, AND YOU WAIVE ANY POTENTIAL EAVESDROPPING OR WIRETAPPING CLAIMS.
• Law enforcement, and other governmental agencies, as permitted or required by law.
• Other third parties, as permitted by applicable 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 a legal requirement or a court order; when we believe it is appropriate in order to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.
• Aggregated and Deidentified Information. We may de-identify or aggregate any Personal Information or other data input to or collected through the Services. De-identified and aggregated data is not Personal Information, and we will not attempt to reidentify it with any consumer except as required by law. We may use this data to analyze the effectiveness of the Services or improve the Services, such as to train our language learning models, improve or add features, or for research or related purposes. We reserve the right to disclose aggregated and de-identified data to third parties without limitation.

5. Retention of Personal Information

Personal Information collected through your participation in the Services is retained by AQ indefinitely unless the Client requests that we delete it. A Client may also retain Personal Information collected through the Client’s receipt of the Services as permitted by the Client’s own data retention and privacy practices.

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

6. Available in the United States Only

AQ is owned and operated in the United States and made available to Clients for their businesses in the United States. We do not warrant that the Services are appropriate or authorized for use in any other jurisdiction. Each Client is responsible for determining whether its use of the Services complies with applicable laws. If you use the Services from outside the United States, you do so at your own risk and your Personal Information will be transferred to, processed, stored, and used in the United States. Personal Information in the United States, it may be accessed by government authorities. By allowing AQ to collect Personal Information about you, you consent to the transfer and processing of your Personal Information as described in this section.

7. Notice of Privacy Rights

AQ currently offers the Services in the United States only. Consumer privacy in the United States is governed by federal privacy laws applicable to certain industries, plus state consumer privacy laws that require companies to provide consumers with a notice of privacy practices and options to exercise privacy rights. This section offers a courtesy notice of privacy rights that may be available to you depending on where you reside. Residents of states that offer privacy protections may be entitled to some or all the privacy 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 Client to exercise your privacy rights. The Client is ultimately responsible for how your Personal Information is processed by AQ and for supporting your exercise of privacy rights.

8. Your Privacy Controls

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

• Consulting Services. AQ provides consulting services on a business-to-business basis to the Client. The Client is solely responsible for any Participant Personal Information processed by AQ as part of Consulting Services. Participants should direct any privacy 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 in and saving their changes or adjusting settings. If you require assistance or want 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 you opt-in, we will send you marketing emails. You can unsubscribe or change your preferences via the links provided in the emails or send a request to support@aqfounder.com. If you opt out of marketing emails, we will still send support emails related to your account.
• Text Messages. If you provide your wireless number, you consent to AQ sending you informational text messages. However, we will only send you marketing text messages if you opt in. The number of texts you receive will depend on the Services you use and the information you request from us. You can unsubscribe from text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
• Privacy Requests. If you are a Participant, please direct privacy-related requests or inquiries to the Client. Otherwise, to exercise privacy rights as a Client or Website visitor, express concerns, lodge a complaint, or request information, please contact support@aqfounder.com. We respond to privacy requests as required by applicable law.
• Device Settings. You can control the data we collect through cookies and related technologies by adjusting your device settings or your cookie preferences on the website.
• Do Not Track. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests.

9. Data Security

AQ has implemented and maintains reasonable security measures to secure Personal Information processed via the Services from accidental loss and unauthorized access, use, alteration, and disclosure. Data and systems are subject to regular vulnerability scans and backups. Our service providers are contractually bound to adhere to the same security protections. Our security measures are appropriate to the volume, scope, and nature of the Personal Information processed and designed to meet our duty of care. However, AQ cannot guarantee the security of information transmitted over the Internet. Clients and Participants are each responsible for using the Services securely, including keeping login credentials private and taking care when submitting data to the Services. Any data transmissions are at the risk of the person initiating the transfer.

10. Not Responsible for Third-Party Services

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