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Gamify Software, Inc.

Privacy Policy

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Effective Date:  August 15th, 2023

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Thank you for doing business with Gamify Software, Inc. (“Company,” “we,” “our,” or “us”). We welcome you and hope you find our websites, web applications, mobile applications, and our other services and tools (collectively, the “Services”) helpful and useful. We have adopted this privacy policy (“Privacy Policy”) to help our website visitors, contractors, employees, current and potential customers, end users, and other business partners (“you” or “your,”) understand what Data we process, how and why we do so, and what your rights are regarding that Data.

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We always seek to improve our Services to you, and that requires that we process information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information.

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In this Privacy Policy, we use the word “Data” to describe all the information we process that relates to you and your use of our Services. “Data” is broken into different categories, which are defined in the “Data We Process and How We Use It” section of this Privacy Policy. We may refer to the different categories separately, but when we use the word “Data,” we mean all the different categories described in this Privacy Policy. Because of the nature of our Services, the term “Data” also includes the information, including personally identifiable information, you gather, upload, or is otherwise processed when you use the Services. We do not process personally identifiable information without your consent. We rely on your compliance with our Terms and Conditions, EULA, or other agreement(s) you may have with us to process your Data.

The term “Data” does not apply to information which does not relate to an identified or identifiable individual or to personal information or data rendered anonymous in such a manner that the individual is not or no longer identifiable (“Anonymized Data”). We hold all rights in and may use Anonymized Data for our own purposes in any legal manner and without attribution or compensation to any person.

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This Privacy Policy applies to everybody who interacts with us online or otherwise. Because different portions of the Privacy Policy will apply differently to the various groups who interact with us, we have tried to clearly categorize the types of Data we process and how we do so. If you have any questions about this Privacy Policy or how we handle your Data, please email us at info@gogamifycom.

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DESCRIPTION OF SERVICES

We provide access to our unique mobile and web applications that provide a true all-in-one sales performance suite. In this Privacy Policy, all tools and services made available in connection with our operations, including our website, web applications, mobile application, tools, and any other services that we provide directly to you, whether now known or developed later, are included in the term “Services.” 

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LAWFUL BASIS FOR PROCESSING

Many jurisdictions require that we disclose to you the lawful basis for our processing of your Data. We do that in the “Data We Process and How We Use It” section and otherwise throughout this Privacy Policy. In general, our lawful basis for processing your Data is based on your specific consent or your contract with us.  

By accessing or using any of the Services or by otherwise interacting with us online, you consent to our processing of your Data as described in this Privacy Policy. If our processing of your Data is based on your consent, you may withdraw your consent at any time, and we will cease processing your Data. However, in some cases, this may result in your inability to receive partial or full access to the Services, and your withdrawal of consent does not limit our ability to use Anonymized Data for use by us in connection with our legitimate business efforts in the future. In addition, your withdrawal of consent may not prevent us from processing Data if we have processed such Data pursuant to a different lawful basis or to preserve legal claims. For example, if you give your consent for us to process your Data, but we are also required by law to process your Data, that separate “lawful basis” will still apply, even if you withdraw your consent.

When you enter into an agreement with us, either by registering for and accessing the Services, by executing an agreement in hard copy, or by clicking “I Accept” or similar language online, we will process your Data for the purposes of fulfilling the terms of our contract with you. In that case, our processing of your Data is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing that Data have been fulfilled and after we no longer have a legal obligation to process that Data.

In all cases, we will comply with applicable law and we will cease processing your Data after the legal right, obligation, or other lawful basis expires.   

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INTENDED USERS 

Other than for Data processed for the specific purpose of providing the Services to users, we do not knowingly process Data from users who are under 13. If we become aware that we have processed Data from a person under 13, except to provide the Services to such person, and except to the extent allowed or required by law, then we will attempt to delete such Data as soon as possible, subject to our obligations under applicable law. If you are under the age of 18 in the jurisdiction in which you reside and want to make a request under applicable law, we may require you to make such request through a parent or guardian. If you believe that we have processed Data from a person under 13 in contravention of this policy, our provision of the Services, or applicable law, please contact us at info@gogamifycom.

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DATA WE PROCESS AND HOW WE USE IT

Listed below are categories of Data we process when you use our Services. We never sell or share (as defined for restrictive purposes in the CPRA) your Data, and we always have a lawful basis for processing the Data, but that lawful basis might be different for different categories, and we describe those uses below. Regardless, we never process the Data for any purpose other than the purpose for which we processed the Data in the first place, unless we get your prior explicit consent.   

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A.  Registration Data  

  1. Data Description: Registration Data may consist of the name, email address, street address, other contact information, and other information you provide us using the Services, both when you register for the Services and thereafter. Registration Data also includes your username, client type, and other applicable registration information, if any and where applicable. Further, you may have an option to link a third-party social media account (Google, Facebook, X (fka Twitter)) to the Services, which function allows you to create an account and login to the Services. When you link a third-party to your account, you authorize us to process any Data the third-party platform may give us (i.e. email address, username, etc.); and, all of such data is considered Registration Data. Please note that any third-party platform you link to the Services likely has its own privacy policy that governs its use and processing of your data. Please refer to any applicable third-party privacy policy for information regarding their use and processing of your information.
  2. Lawful Basis for Processing: Our lawful basis for processing Registration Data is our contract with you and your consent. We can only provide certain of the Services to you if we have the Registration Data, so we need to process that Registration Data during the term of our contract. Even when the Registration Data is not critically necessary to the provision of the Services, we may still process that Registration Data to facilitate our contractual interactions with you.  
  3. How We Use It and Who We Share It With: Registration Data is accessible generally only to us and to you. In limited circumstances, we may share your Registration Data with our service providers, which parties help us provide the Services and are under obligations to protect the confidentiality of your Registration Data. We use Registration Data to provide the Services to you. At times, we will share the Registration Data with other third parties at your request. We may also use your Registration Data to offer our own goods or services to you, either directly through emails or through third-party platforms, but you may opt out of those communications at any time. 

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B.  Engagement Data

  1. Data Description: Engagement Data consists of all the information you input or record using the Services, except as otherwise stated in this Privacy Policy. It also includes all information that is proprietary to you regarding your use of the Services (other than the data that qualifies as “Usage Data” below) that is processed by the Services. Engagement Data specifically includes the content of any text, personal preferences, and other information you input and include in the Services, such as feedback, comments, questions, video, audio, pictures, etc.
  2. Lawful Basis for Processing: Our lawful basis for processing Engagement Data is (1) our contract with you, (2) our obligation to provide you with the Services, and (3) our legitimate interest in improving our Services based on the Engagement Data we process.  
  3. How We Use It and Who We Share It With: Your Engagement Data is accessible to us, to you, to our employees or designated agents (if applicable), and to limited third parties that we use to provide and improve the Services. If we share your Engagement Data with a third party, that party will be obligated to protect the confidentiality of your Engagement Data. Some Engagement Data, by its nature, will be shared with other users or companies through which you have access to the Services, including such information in chat areas, news groups, forums, communities, etc. Your input of Engagement Data in these situations is voluntary and you assume all risk associated with uploading your Engagement Data. We rely on your compliance with our Terms and Conditions and EULA that you have all necessary rights to all Engagement Data you upload to the Services. Both during the term of our agreement with you and thereafter, we may also convert Engagement Data to Anonymized Data, and that Anonymized Data belongs solely to us to use in our sole discretion (including to sell or share Anonymized Data, which is not Data). To the extent we are required to delete any Engagement Data about you, we may still retain Anonymized Data that may have originated as your Engagement Data.

C.  Usage Data

  1. Data Description: Usage Data consists of the following and similar information:
  1. Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our contract with you, (2) our obligation to provide you with the Services, and (3) our legitimate interest in improving our Services based on the Usage Data we process.  
  2. How We Use It and Who We Share It With: Usage Data is accessible to us, to you, and to limited third parties that we use to provide and improve the Services. If we share your Usage Data with a third party, that party will be obligated to protect the confidentiality of your Usage Data. We may also share Usage Data with other third parties at your specific request. We may use Usage Data to make improvements to the Services. Both during the term of our agreement with you and thereafter, we may also convert Usage Data to Anonymized Data, and that Anonymized Data belongs solely to us to use in our sole discretion (including to sell Anonymized Data, which is not Data). To the extent we are required to delete any Usage Data about you, we may still retain Anonymized Data that may have originated as your Usage Data. 

D.  Payment Data

1. Data Description: Payment Data is only processed when your use of the Services is subject to the payment of a fee or other charge. However, we do not directly process your Payment Data because we use a third-party service provider (Stripe) that is PCI compliant to process payments. Payment Data will vary depending on the payment method you use but will likely include information such as: 

2. Lawful Basis for Processing: Our lawful basis for processing Payment Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Payment Data we receive from you.  

3. How We Use It and Who We Share It With: We only use Payment Data to facilitate payment. We do not communicate Payment Data to third parties because we do not directly process your Payment Data.

E.  Supplemental Mobile Data

1. Data Description: Where applicable to the Services, Supplemental Mobile Data consists of the following and similar information:

2. Lawful Basis for Processing: Our lawful basis for processing Supplemental Mobile Data is (1) our contract with you, (2) our obligation to provide you with the Services, and (3) our legitimate interest in improving our Services based on the Supplemental Mobile Data we process.  

3. How We Use It and Who We Share It With: We only use Supplemental Mobile Data when you specifically authorize it, and we only share it with those parties who are strictly necessary for the purpose you have authorized.

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SHARING YOUR INFORMATION

We do not sell or share (as defined for restrictive purposes in the CPRA) your Data with third parties. Except where a specific limitation is noted above, we may share (other than as defined for restrictive purposes in the CPRA) your Data as follows:

  1. At Your Instruction. If you request us to make your Data available to a third party, and such request furthers the purposes of our Services, we will do so.
  2. Sharing with Vendors. In certain cases, we use the services of third-party vendors, to assist us in providing the Services. We may share your Data with such vendors solely for that purpose, and we will require those parties to abide by our privacy policies or privacy policies substantially in consonance with ours.
  3. Third-Party Offers. We may allow other companies to offer you their products and services, including offers through our Services, co-branded pages hosted by the third parties, or via email. Specifically, we create partnerships with third parties that provide access to industry tools for educational purposes. Whether or not you decide to participate in any such offers is up to you. Such third party will be authorized to use this information in keeping with our contractual relationship with them and in accordance with their own privacy policy and information practices. We do not control these third parties and you agree that we are not liable for their acts, or any failure to act on their part.
  4. Service Providers. We may use a third party to provide specific Services on our behalf, including sending emails to you, conducting surveys, processing transactions, or performing statistical analysis of our Services. In these cases, we may provide certain personal information, such as your name and email address and other information necessary for the service to be provided. However, these third parties are required to maintain the confidentiality of this information and are prohibited from retaining, sharing, storing, or using this information for any other purposes.
  5. Our Customers. If you are an end user of our mobile applications, we share with and process your Data on behalf of our customers. 
  6. Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right to transfer that information in connection with such transactions without notice to you. We will not be required to obtain your consent for such a transfer.
  7. Legal Disclosure. We may disclose your Data if required to do so by law or in the good faith belief that such action is necessary to conform to applicable law, comply with a judicial proceeding, court order, or legal process served on us, protect and defend our rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms and Conditions.

If we ever plan to process any Data in the future for any other purposes not identified above and we do not have a separate lawful basis for that new purpose for processing, we will only do so after obtaining your specific consent. 

TECHNOLOGIES WE USE

The technologies we use for automatic Data processing may include the following:

"Do Not Track" Options

Your web browser(s) may offer a "Do Not Track" option, which allows the individual to signal to operators of websites and web applications and services (including behavioral advertising services) that he or she does not wish such operators to track certain of his or her online activities over time and across different websites. We do our best to support Do Not Track requests but cannot guarantee full support based on the variety of internet browsers and technologies which means that we may process information about your online activity both while you are using the Services and after your use of the Services.

YOUR RIGHTS REGARDING YOUR DATA

Under applicable data protection, privacy, and other laws, you may have certain rights related to your access and control of your Data. Such rights may include the following:

  1. The right to access, correct, update, or request deletion of your Data. 
  2. The right to object to processing or restrict the processing of your Data (Please note that if you exercise this right, it may limit or eliminate our ability to provide you the Services).
  3. The right to request portability of your Data.
  4. The right to opt-out of marketing communications we send you. You can exercise this right by clicking the "Unsubscribe" or "Opt-Out" link found in these communications.
  5. The right to not be subject to a decision based solely on automated processing, including profiling, known as Automatic Decision Making. 
  6. The right to submit a complaint to any applicable regulatory authority about our processing activities.
  7. The right to opt-out of us sharing (as defined in the CPRA) your Data, including for direct marketing purposes, subject to certain legal exceptions.
  8. The right to limit use, disclosure, and restrict sensitive personal information (as defined in the CPRA).

We may use additional processes to verify your identity before we reveal or delete any of your Data, including two-factor or two-step authentication measures to ensure we can identify you.

This list may not include all of your rights under applicable laws. If you believe you have additional rights, please contact us using the methods in this Privacy Policy.

Further, although we currently do not process Data without consent, if we at any time in the future process Data without your express consent, you may opt-out or withdraw consent at any time.

Please note that exercising any of the above rights may limit or eliminate our ability to provide you the Services. If so, we may terminate the Services due to such requests.

We will try to comply with your request(s) as soon as reasonably practicable and at the very least as required under applicable law. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request.

Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages while continuing to use the Services.

Further, you may opt-out or disable certain functions on your particular device, preventing us from processing Data. For example, you may disable geolocation or GPS functionality on your mobile device or disable push notifications. If you disable such features, your ability to use and access the Services may be limited.

To exercise any of these rights, or if you have any questions about our processing of your Data, please contact us at info@gogamifycom or at our toll-free number: (801) 528-1846.

A.  Privacy for EU/UK Residents

The Regulation (EU) 2016/679 (General Data Protection Regulation) made effective in Europe on May 25, 2018 (“GDPR”) requires that we clearly describe to data subjects the data we process and how we use that data. This Privacy Policy does that and if you have any questions for us regarding our data processing, please contact us at info@gogamifycom. We comply with the GDPR requirements to the extent they apply to us.

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We are based in the United States. By accessing or using the Services or otherwise providing information to us, you understand that your information will be subject to processing in and to the United States and in our other locations.

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Due to the nature of our Services, we may act as a “Controller” as defined under the GDPR depending on your engagement with us. If you believe that this role should be defined differently, please contact us at info@gogamifycom.

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Pursuant to the GDPR, residents of the EU (and the EEA, as applicable) have the right to obtain our confirmation of whether we maintain personal information relating to them in the United States. If you are a resident of Europe, upon request from you, we will provide you with access to the Data that we process about you. Please contact us if you have any questions.

Further, if you are a resident of the United Kingdom (“UK”), to the extent the GDPR as incorporated into UK law pursuant to s.3 of the European Union (Withdrawal Act) 2018 (as amended, the “UK GDPR”) applies to us, we will follow all supplemental requirements under the UK GDPR and you have all rights as a UK citizen under the UK GDPR.

B.  Privacy for California Residents

California adopted the California Consumer Privacy Act (“CCPA”), which took effect at the beginning of 2020 and has now adopted the California Privacy Rights Act ("CPRA"), which fully took effect January 1, 2023. We comply with the requirements of the CCPA and CPRA to the extent they apply to us.  

If you are a California resident, you may request to exercise your rights for any Data we have processed in the 12 months prior to your request. Such request covers any categories, sources, purposes, and, if applicable, third parties to whom we share the Data. Further, you can exercise any of your rights free of discrimination, for example, we cannot increase the price of the Services or decrease the quality of the Services because you exercise your rights.

Due to the nature of our Services, we typically act as a “business” as defined under the CCPA and CPRA. If you believe that this role should be defined differently, please contact us at info@gogamifycom or at our toll-free number: (801) 528-1846.

For more information, please direct your questions to us at info@gogamifycom or at our toll-free number: (801) 528-1846.

C. Other Data Privacy and Protection Laws

We strive to comply with all data protection and privacy laws in applicable jurisdictions, to the extent such laws apply to us and our Services. We strive to be transparent about our data processing activities and have disclosed our practices throughout this Privacy Policy. If you have any questions about your rights under any applicable data protection and privacy laws, please contact us info@gogamifycom or at our toll-free number: (801) 528-1846.

SECURITY

The security of your Data is important to us. We use commercially reasonable efforts to process your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you. 

THIRD-PARTY POLICIES

You may be able to access third-party websites and other tools and services or products via a link on our website, mobile application, or via our other tools. The privacy policies of these third parties are not under our control and may differ from ours. The use of any Data that you may provide to any third parties will be governed by the privacy policy of such third party or by your independent agreement with such third party, as the case may be. If you have any doubts about the privacy of the information you are providing to a third party, we recommend that you contact that third party directly for more information or to review its privacy policy.

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any offering, site, or other products and Services used in connection with the Services. The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates. 

DATA RETENTION

We will process your Data for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may process certain Data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of Anonymized Data, account recovery, or if required by law. All retained information will remain subject to the terms of this Privacy Policy. 

AMENDMENT OF THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice. Unless stated otherwise, our current Privacy Policy applies to all Data that we have about you and your account. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Services signifies your acceptance of any changes.

CONTACT US

You can help by keeping us informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments, or suggestions of if you find any errors in our information about you, please contact us at info@gogamifycom or at our toll-free number: (801) 528-1846. If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures.

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