LevelPlane - Privacy Notice
Effective: November 1, 2023
Please read this “Privacy Notice” carefully. This Privacy Notice describes the data collection, use, protection, and privacy practices of LevelPlane, Inc. (hereinafter, “LevelPlane”, “we”, “our” or “us”). If you have any questions, comments, or concerns regarding this Privacy Notice and/or our data practices, please Contact Us.
By visiting, accessing, or using our Services (as defined in Section 1 below – LevelPlane’s Services and Scope of Privacy Notice) you acknowledge and agree that you have received and reviewed this Privacy Notice. From time to time, we may update this Privacy Notice as described in Section 2 below - Changes to this Privacy Notice.
Please also review the applicable Terms of Service, which also apply to the use of our Services. Terms that are defined in the Terms of Service have the same meaning in this Privacy Notice unless this Privacy Notice specifies differently
If you're a resident of California or Nevada or visiting us from the European Economic Area ("EEA"), Switzerland, or United Kingdom (“UK”), you should read the applicable sections below for specific rights applicable to residents of California, Nevada, and Europe and other Non-U.S. Territories.
LEVELPLANE’S SERVICES AND SCOPE OF PRIVACY NOTICE
LevelPlane owns, operates, and provides:
our “Websites” located at levelpane.ai and levelplane.com, including, their subdomains, and any other websites that include an authorized link to this Privacy Notice; and
our proprietary LevelPlane chatbot search directory software platform that we make available online through our Websites and through one or more mobile applications (the “LevelPlane Service”).
When we refer to the “Services” throughout this Privacy Notice, we mean, collectively, the Websites, the LevelPlane Service, and any other products, websites, services, and/or applications provided by us and that include a link and/or reference to this Privacy Notice, and any related services and/or new features and/or functionality provided by us through or in connection with any of the foregoing.
Scope of this Privacy Notice
This Privacy Notice applies to personal data that may be collected, received, and processed by us in connection with the promotion, provision, operation, and maintenance of our Services and our business, including, the use of our Services by:
“Visitors” browsing or using our Websites or who interact with us through any pages or feeds of our accounts on any social media sites or platforms, such as through LinkedIn, Twitter, and/or any Meta platforms (“Social Media Platforms”).
“Users” of the LevelPlane Service and any other Services, whether such users are registered or unregistered.
The term “personal data” means any information about an individual from which that person may be identified. For example, it may include a person’s name, telephone number, email address, IP Address, or other unique identifiers. It does not include data from which the identity of an individual has been definitively removed along with any identifiers connected to such individual (also known as anonymous or anonymized data).
CHANGES TO THIS PRIVACY NOTICE
LevelPlane reserves the right to update or modify this Privacy Notice at any time. Except for material changes as described below in this Section, all updates and modifications to this Privacy Notice will be effective from the day they are posted online at http://www.levelplane.com/terms. If we make any material changes to this Privacy Notice, we will provide you with reasonable notice prior to such change taking effect by sending a notification to the email address we have on file for you, and may also post a prominent notice of any such changes on our Websites. Material changes to this Privacy Notice will become effective on the date set forth in the notice, and all other changes will become effective from the day they are posted on our Websites. It is your responsibility to regularly visit and review this Privacy Notice.
If you do not agree to any updates or modifications to the Privacy Notice, cease all use of the Services. Continued use of the Services by you after the applicable effective date of the revised Privacy Notice, signifies to us that you acknowledge and agree to be bound by the revised Privacy Notice.
INFORMATION WE COLLECT
The personal data we collect in connection with the use of the Services depends on how and why you use the Services. For instance, the information that we may process about Visitors is more limited than the information we may process if you are a User.
You may choose not to provide personal data directly to us or to not use the Services. However, some personal data is necessary so that we can provide you with the Services you have requested. Failure to provide this information may prevent us from providing you with access to our Services.
Information Provided Directly to LevelPlane by Users of our Services
Contact Information: We may collect contact information, such as, your first and last name, phone number, email address and/or mailing address, when you register an account to use the Services (an “Account”), sign-up to receive our marketing communications and/or newsletters, or participate in one of our promotions or giveaways (“Promotions”).
Login Credentials: When you login to your Account as a registered user, we collect your username, password and/or other login credentials.
User Generated Submissions. We collect the messages, photos, video, audio, images, data, information, text and/or any other content or materials that you submit, upload, generate, and/or transmit in connection with the Services (collectively, “Submissions”). Submissions include your searches via the LevelPlane Services.
Surveys, Feedback, Communications & Support: We collect the information, data, content, documents and/or materials you provide to us when you fill out forms, answer surveys, or contact us (such as your feedback, requests for support, or other communications with us).
Usage Information: We collect Usage Information as described below in the Section titled Information Collected Automatically.
Please be advised that we may ask you to update your information from time to time in order to keep it accurate. Additionally, if you provide personal data to us about someone else, you must ensure that you are entitled to disclose that information to us and, without us having to take any further steps required by data protection laws, that we may collect, use and disclose such information for the purposes described in this Privacy Notice. For example, you should ensure the individual concerned is aware of the terms detailed in this Privacy Notice and that they have not objected or do not object to you sharing their information with us.
Information Collected Automatically
We and/or our authorized third-party Service Providers or agents automatically collect technical and/or analytics information, using the cookies and similar technologies as described in Section 4 below - Cookies & Similar Technologies, about how users use and/or interact with the Services (collectively, “Usage Information”), which may include (but is not necessarily limited to) identifiers, commercial information, and internet activity information such as IP address (or proxy server), information about the device and/or platform (e.g., iOS or Android) used by you to interact with and/or access the Services, mobile device number, device and application information, device event information, crash data, and log files and data, identification numbers and features, your approximate location (as determined through your IP address), browser type, plug-ins, integrations, Internet service provider or mobile carrier, the pages and files viewed, website and webpage interactions including searches and other actions you take, websites, apps and/or ads that referred you to the website, advertising and language preferences, operating system type and version, system configuration information, date and time stamps associated with your usage, and frequency of visits to the websites, and details of which of our products and product versions you are using.
Information Collected from Third Parties (Not You) or From Sources Outside the Services
In some instances, we process personal data from third parties, which consists of:
Service Providers: We receive information from third parties that provide services to us that help us in the operation, provision, administration and management of the Services (“Service Providers”), such as our cloud or hosting service providers, customer support providers, and our analytics providers.
Third Party Services: If you use any products, services, software, content, and/or features (including, without limitation, data products and services) that LevelPlane has integrated with, and/or has otherwise made accessible for use through, our Services (collectively, “Third Party Services”), we may receive information about you from the providers of such Third Party Services related to your use thereof in connection with our Services. Information that is shared with us through Third Party Services is used by us as described in this Privacy Notice. Note that the Third Party Services you choose to interact with and/or use are not our Service Providers. The applicable providers of Third Party Services may use personal information differently than we do and we do not control their use of your information. Please review the privacy notices for the Third Party Services that you use in connection with our Services.
Other Third Parties & Sources: We may receive data and information from third party partners, and/or other data licensors and/or providers that we have a relationship with, and/or information collected from publicly available sources, such as online business profiles, social media accounts, and/or webpages, which may include your name, or a publicly available business address, and related activity on such profiles, social media accounts, and/or webpages.
Social Media Interactions: If you interact with us through any Social Media Platforms, we may collect information such as your name, username, demographic information, contact information such as email address, location, interests, and publicly posted data such as your social media activity.
Cookies & Similar Technologies; Targeted Advertising
With the personal data (including, Usage Information) collected by us, we process “Aggregated Data”, such as statistical or demographic data. Aggregated Data may be derived from personal data, but is not considered personal data under the law if it does not directly or indirectly reveal your identity. If we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data, which will be processed in accordance with this Privacy Notice.
COOKIES & SIMILAR TECHNOLOGIES
We or authorized third parties or agents may collect certain information by automated means using cookies and/or similar technologies such as, web beacons, embedded scripts, pixels, and browser analysis tools (collectively, “Cookies”). Cookies collect information such as Usage Information.
We may also use third party advertising partners (e.g., Google, Bing, LinkedIn, and Meta) who use targeting/advertising Cookies to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers.
LevelPlane does not target the Services to persons under the age of 18, nor does LevelPlane knowingly collect personal data of persons under the age of 18. Therefore, we ask you not to provide us with personal data of persons under the age of 18. If we learn that personal data of persons under the age of 18 has been collected on or through the Services, then we may deactivate the account or otherwise terminate access to the Services and/or make the information inaccessible.
LevelPlane does not require you to provide any sensitive data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health and genetics, or biometric data to use the Services.
LEVELPLANE’S PURPOSES FOR COLLECTING AND USING PERSONAL DATA AND LEGAL BASIS
Generally, we process your personal data for one or more of the following legal bases:
Performance of a Contract: In order to perform the Services and fulfill our obligations under the contract we are about to enter into or have entered into with you. This may also include disclosure to the third parties who help us perform our obligations to you in connection with your use of the Services, such as hosting providers, and payment processors.
Legitimate Interests: When it is reasonably necessary to achieve our legitimate business interests (or those of a third party), and your interests and fundamental rights do not override those interests. For example, for security purposes and protection against fraud.
Legal Obligations: Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.
Vital Interests: Where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
Consent: Where you have given us specific consent to use your personal data in a specific purpose. Please note that for this specific legal basis, you have the right to withdraw your consent at any time.
More specifically, and depending on whether you are a Visitor or User, and how you use or interact with the Services, we and/or our Service Providers process personal information for the purposes and on the legal bases (in italics) as follows:
To host the Websites and the online aspects of the Services (performance of a contract).
To perform and provide the Services to our Visitors and Users (performance of a contract).
To enable access to certain Third Party Services that you use in connection with the Services (performance of a contract or sometimes necessary for our legitimate interests).
To maintain, enable, upgrade, update, improve, and/or enhance the Services, and develop new features, functionality, and/or other products and services, including, but not limited, for purposes of training, improving and developing our AI models and algorithms and other AI Features (performance of a contract or sometimes necessary for our legitimate interests).
To conduct analytics related to the Services, such as to understand how they are being used and where improvements may be needed (necessary for our legitimate interests).
To personalize our Services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Services (necessary for our legitimate interests).
To provide customized advertisements, content, and information regarding our Services, where and as permitted under applicable law (for our legitimate business purposes and with your prior consent where required by law).
To facilitate and administer our Promotions, if you have chosen to participate, in accordance with the terms of the Promotion (performance of a contract).
Deliver direct marketing communications to you regarding our products and services that we may think are of interest to you (for our legitimate business purposes and with your prior consent where required by law when you are not an existing customer).
Respond to your queries and requests, or otherwise communicate directly with you (performance of a contract or sometimes necessary for our legitimate interests).
Detect any fraudulent or illegal activity against LevelPlane, you, and our other users (necessary for our legitimate interests).
For our business transfers (necessary for our legitimate interests).
To keep you updated about changes to policies related to the Services (including this Privacy Notice) (performance of a contract or sometimes necessary for our legitimate interests).
To comply with a legal or regulatory obligation (for example, keeping records of our sales for tax compliance), provide information to regulatory bodies when legally required (for example, responding to a valid court order), or to enforce our rights under our contracts and agreement, all as further described below in Legal Obligations and Security (necessary for our vital interests and compliance with a legal obligation, or sometimes necessary for our legitimate interests).
SHARING PERSONAL DATA
Aside from disclosing your information to those of our employees, contractors and agents who are authorized to process the information in order to provide the Services and who are committed to confidentiality, we disclose your personal data only to the third parties as described below.
We share personal data with our Service Providers that help us in the operation, provision, administration and management of the Services, and to otherwise operate our business. Depending on how you use the Services, the following categories of third parties collect or receive personal data on our behalf as our Service Providers:
Payment processing providers;
Providers of business operations and communication tools,
Other third-party service providers that help us provide features and functions for the Services (e.g., customer support providers), and
Professional service providers, such as auditors, lawyers, consultants, accountants and insurers.
For a list of all Service Providers we use, please contact us via email at [email protected]. We require all Service Providers to respect the security of your personal data and to treat it in accordance with the law.
Third Party Services
When you interact with and/or use Third Party Service, certain information may be shared between LevelPlane and the provider of the applicable Third Party Services. Note that the Third Party Services you choose to interact with and/or use are not our service providers. The applicable providers of Third Party Services may use personal information differently than we do and we do not control their use of your information. Please review the privacy notices for the Third Party Services that you use in connection with our Services.
We may also share data with third parties to whom we choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.
Affiliates and Subsidiaries
Personal data that we collect about you may be shared with the employees, contractors, and agents of LevelPlane and our affiliated and subsidiary entities (“Affiliates”) who are involved in providing or improving the Services that we offer to you. We obligate the employees, contractors and agents of LevelPlane and our Affiliates to ensure the security and confidentiality of your personal data and to act on that personal data only in a manner consistent with this Privacy Notice.
Legal Obligations and Security
Regulatory and Government Bodies – Compliance with Law
We may disclose your information to regulatory agencies and official government bodies, as required to comply with or satisfy any laws, rules, or regulations applicable to LevelPlane.
Required Disclosures – Responding to Legal Orders
If we are required to disclose personal data by law, such as pursuant to a subpoena, warrant or other judicial or administrative order, our policy is to respond to requests that are properly issued by law enforcement within the United States. Under such circumstances, unless prohibited by applicable law, we will attempt to provide you with prior notice that a request for your personal data has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email, if you have given us an email address. However, government requests may include a court-granted non-disclosure order, which prohibits us from giving notice to the affected individual. In cases where we receive a non-disclosure order, we will notify you when it has expired or once we are authorized to do so.
Exigent Circumstances & Enforcement/Protection of Our Rights
Your information, including the contents of all of your online communications in our Services and between you and LevelPlane may be accessed and monitored as needed to provide our Service and may be disclosed to law enforcement, regulatory agencies, official government bodies, and other third parties, as we, in our sole discretion, believe necessary or appropriate:
In connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity or activity that may expose us or our affiliates, partners and/or agents to legal liability; and/or
If we receive information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person.
With Your Consent
There may be situations where you are asked to consent to share personal data with third parties for additional reasons not included in this Privacy Notice. In such event, we will only share such personal data if we have received your prior consent and only for the purposes as listed in the request to share such information.
Except where otherwise required by applicable law, your consent for the use and/or disclosure of your personal data in specific situations will continue in full force and effect until you revoke that consent, which you may do by contacting us via email at [email protected]. For the avoidance of doubt, the revocation of consent shall only apply to the use the information after our receipt and processing of such request (which we shall process promptly and in accordance with applicable law), and not to any use or disclosure prior to such revocation in compliance with your consent.
If you have not otherwise opted out (or with your consent where required by applicable law), or if you have opted in to receive direct marketing emails from us, we may use your personal data to send you marketing information about the LevelPlane business, our Services, new product releases, new feature releases of the Services, and/or other products and services, that we think may interest you. We carry out direct marketing by email and may also do so by physical mail.
If you no longer wish to receive marketing communications, you have the right at any time to opt out as further explained in Your Choices.
Accessing, Updating and Correcting Personal Data
If you would like to access, update, and correct personal data, please contact us via email at [email protected], and we will use reasonable efforts to correct and/or update such information.
You may manage the receipt of marketing and non-transactional communications sent by email by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails.
We will use commercially reasonable efforts to process such requests in a timely manner. Note that you cannot opt out of receiving transactional e-mails or communications related to the Services (e.g., requests for support), which, for clarification, are not marketing communications.
Cookies & Targeted Advertising
Additional Rights for EEA, Switzerland, UK and other Non-U.S. Residents
If you are visiting from the EEA, Switzerland or UK, or from another territory outside the U.S., you may have additional rights you can exercise as described here.
Personal data is processed for the period necessary to fulfill the purposes for which it is collected, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights.
In order to determine the most appropriate retention periods for your personal data, we consider the amount, nature and sensitivity of your information, the reasons for which we collect and process your personal data, and applicable legal requirements.
In some instances, we may choose to anonymize personal data instead of deleting it. When we choose to anonymize, we make sure that there is no way that the personal data can be linked back to any specific individual.
DATA SECURITY AND PROTECTION
We have put in place reasonable and appropriate security measures designed to prevent your personal data from being accidentally lost, altered, disclosed, used or accessed in an unauthorized way. For example, we may use encryption, firewalls, and password protection. In addition, we limit access to personal data to those employees, agents, contractors and the third parties who have a business need-to-know. We also have procedures in place to deal with any suspected data security breach.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and while we take reasonable steps to provide secure services, by using the Services, you understand and assume the risks associated with your activities on the internet.
Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Services is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Services. To the fullest extent permitted under applicable law, we cannot and do not guarantee that information you post on or transmit to the Services will not be viewed by unauthorized persons.
THIRD PARTY SOCIAL MEDIA PLUG-INS
On or through the Services we may provide third-party “share” buttons which enable you to share certain content via social media sites (e.g., Facebook, Twitter, Instagram, YouTube, and LinkedIn). These “share” buttons may function as web beacons when you interact with the button. Please note that when you “share” using the buttons, you may send to the third party provider of the “share” button the information that you are viewing. If you are not logged into your account with the third party provider, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Services to your account with the applicable third party provider. Please refer to each third party’s privacy policies to learn more about its data practices.
EXTERNAL WEBSITES AND APP STORES
If you download any of our mobile applications in connection with the Services, your app store (e.g., Apple App Store or Google Play) may collect certain information in connection with your use of the applications, including, without limitation, personal data, geolocational information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.
NOTICE TO CALIFORNIA RESIDENTS - SHINE THE LIGHT DISCLOSURE
California residents who have provided us with personal data have the right (under California Civil Code§ 1798.83) to request and obtain from us, once each year, the details of any personal data we shared with a third party for that third party’s direct marketing purposes during the prior calendar year. The details would include the categories of personal data and the names and addresses of the third party with which it was shared.
To request information about this sharing, you may submit a request via email to [email protected] with "Your California Privacy Rights" in the subject line, along with your first and last name, and complete mailing address (including street address, city, state, and zip code).
NOTICE TO NEVADA RESIDENTS
Under Nevada law, Nevada “consumers” (individuals who are seeking or acquiring goods/services for personal, family, or household purposes) may opt out of the sale of covered personal information.
LevelPlane does not currently sell covered information of Nevada consumers as defined under applicable Nevada law.
You may submit an opt-out request by sending your request to [email protected], along with your full name, complete mailing address (including street address, city, state, and zip code), email address (so that we can contact you, if needed, in connection with the request) and confirmation that you are a Nevada resident.
NOTICE TO EUROPEAN AND NON-U.S. RESIDENTS
The European Union’s General Data Protection Regulation and certain other countries’ data protection laws provide certain rights for data subjects. If you are a resident of the EEA, Switzerland, the UK, or another country with data protection laws that provide for certain data subject rights, you may submit a request to exercise your rights.
We respond to all requests we receive from individuals wishing to exercise their data rights in accordance with applicable data protection laws.
Depending on your country of residence, your rights may include.
The right to be informed – that’s an obligation on us to inform you how we use your personal data (and that’s what we’re doing in this Privacy Notice);
The right of access – that’s a right to make what’s known as a ‘data subject access request’ for a copy of the personal data we hold about you;
The right to rectification – that’s a right to request that we correct personal data about you that may be incomplete or inaccurate (though we generally recommend first making any changes in your account if you have one);
The right to erasure (also known as the ‘right to be forgotten’) – that’s where in certain circumstances you can ask us to delete the personal data we have about you (unless there’s an overriding legal reason we need to keep it);
The right to restrict processing – that’s a right for you, in certain circumstances, to ask us to suspend processing personal data;
The right to data portability – that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);
The right to object – that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and
Rights in relation to automated decision-making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision-making.
Withdraw Consent—that’s the right to revoke any consent you may have previously given us at any time, if we have collected and processed your personal data with your consent. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent.
File a complaint—that’s the right to file a complaint with a supervisory authority about our collection and processing of your personal data.
Exercising Your Rights
These rights are subject to certain rules around when you can exercise them. If you are located in the EEA, Switzerland or UK and wish to exercise any of the rights set out above, please contact us.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights) unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
We will respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as required by law.
If you no longer wish to receive our marketing/promotional information, you may opt out as described in the Your Choices section above.
Finally, you have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us first.
LevelPlane is based in the United States. The personal data that we process is stored, hosted and processed on servers located in the United States. Additionally, LevelPlane operates globally and may transfer the personal information that we process to our other offices and to the third parties described above. These recipients may be situated outside of your country or regional area of residence and may process personal information outside of your country or regional area. In particular, information provided to us or collected by us likely will be transferred to and processed in the United States by us or our Affiliates and our respective agents and contractors. The data protection laws of the United States or other countries may not be as comprehensive or equivalent to those in your country of residence.
We rely on legally-provided mechanisms to transfer personal information across borders where and as required under applicable law.
HOW TO CONTACT US
General Questions; Data Subject Requests: If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us as follows:
By email: [email protected]; Subject Line: Privacy Request