Protecting your private information is our priority. 

This Statement of Privacy (“Privacy Policy”) applies to SMG - (Sales Management Group, LLC), and its subsidiaries and affiliates (hereinafter, variously “SMG,” “we,” or “our”), and our web platforms, applications, websites, systems, tools and related support services (collectively, the “Services”), and your choices about the collection and use of your information.

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By using our Services in any manner, you indicate to SMG that you have read and accept our Privacy Policy and consent to the data practices described in this Privacy Policy.  If you do not accept this Privacy Policy or do not meet or comply with the provisions set forth herein, then you may not use our Services.

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INFORMATION WE COLLECT

When you use our Services, you may provide SMG with two main types of information: (1) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and (2) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you use our Services. We collect information from you when you (a) use and/or access our Services, (b) open and/or respond to our emails, (c) contact SMG, (d) visit any page online that displays our content, and/or (e) provide information to any of our partners or vendors.

PERSONALLY IDENTIFIABLE INFORMATION YOU CHOOSE TO PROVIDE

We may ask for certain personal information from you for the purpose of providing to you content and/or services that you request. We collect personal information such as your: (i) contact information (including name, telephone number, email, title, and job position); (ii) employment context (including manager’s name and email, length of employment, and/or other materials) submitted by you; (iii) financial information (such as credit card number, expiration date, verification number, and billing address); (iv) behavioral activities and perspective on personality attributes (including preferences, self-assessments, degrees of willingness, and performance); (v) contact information of employees or others you share with us (such as names and email addresses) as may be provided for example, to invite team members to webinars, training classes, coaching events, or to take assessment tests; (vi) demographic information (including age, highest level of education, place of residence, and gender/non-gender); (vii) location information (such as geographic location of the device you are using); and (viii) feedback, comments, activities performed, changes made, and impact of changes on performance (such as survey responses, summarization of comments and wins in reports, and performance metrics). Once you register to attend any event or receive any Service, you have opted in to receive electronic communications from SMG. SMG may also provide you with the opportunity to participate in surveys through our Services. If you participate, we will request certain personally identifiable information. Participation in surveys, as well as any other Service, is completely voluntary and you therefore have a choice whether to disclose such information.

NON-PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT

When you access or use our Services, we may automatically collect information about you, including:

Cookies: We use cookies and web log files to track usage and trends, to improve the quality of our Service and to customize your experience. A “Cookie” is a tiny data file that resides on your computer, mobile phone, or other device, and allows SMG to recognize you as a user when you return to our website using the same computer and web browser. Information gathered through Cookies may include the date and time of visits, the pages viewed, and time spent at our Service. You can remove or block Cookies using the settings in your browser, but in some cases that may impact your ability to use our Services.

Device Data: We sometimes use device data, which is information concerning a device you use to access, use, and/or interact with the Services, which may include operating system type and/or mobile device model, browser type, domain, and other system settings, the language your system uses and the country and time zone of your device, geo-location, unique device identifier and/or other device identifiers.

Aggregate: We may collect non-identifying and statistical information about the use of our Services, such as how many visitors visit a specific page, how long they stay on that page and which links, if any, they click on. This information represents a generic overview of our users, including their collective habits. Information collected in the aggregate is not associated with you as an individual. We may share user information in the aggregate with third parties.

Analytics: SMG uses analytic software to gather statistics and usage trends for product and service improvement purposes. Our Service may record data from your phone, tablet, or computer such as how frequently you use the Service, what actions you take, and performance data.

Third-Party Services: To support the services we provide to you, we may use services hosted by third parties. We may share your personal information with our consultants, and contractors, including IT and security service providers, hosting service providers, analytics service providers, and Cloud storage providers in the course of providing services to you. These services may collect information sent by a browser as part of a web page request, including Internet Protocol (“IP”) addresses, browser software, and/or clickstream patterns. If such third-party services collect information, they do so anonymously without identifying individual visitors. However, we may link the information we record using tracking technology to personal information we collect. In addition, we may allow third parties who support our services to use Cookies in connection with your use of the Services. They may collect and store the same type of information and use it similarly to SMG, as described above.

HOW WE USE THAT INFORMATION

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GENERAL USE

We use information collected as described in this Privacy Policy to provide you with the information and/or content that you have requested, and, in some cases, to contact you about or to promote our products, features and/or services.  We also use the information collected to take the following actions:

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• operate and improve our Services for new features, content or design;

• answer questions and respond to your requests;

• perform analytics and conduct research;

• send you reminders, support and marketing messages;

• maintain and manage our administration of our Services;

• participate in one of our surveys or other forms of customer research;

• facilitate and process employment, role challenge, or developmental assessments;

• analyze programs, products and services we offer; and

• use information for other purposes about which we notify you.

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The information collected in the aggregate enables SMG to better understand your use of the Services and to enhance your enjoyment and usefulness. We may use financial information to process payment for Services in which you elect to participate. If you use the Services, you agree to receive certain communications from us including, but not limited to, the following:

Special Offers, Newsletters and Updates. We will occasionally send you information on products, special deals, promotions, and newsletters. You can sign up for these emails from us at any time. Out of respect for your privacy, you may elect not to receive these types of communications by contacting us or replying to our emails.

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Discussion Groups. Our Service may have links or access to publicly accessible discussion groups, blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

Customer Service. Based upon the personally identifiable information you provide us, we will communicate with you in response to your inquiries, to provide the services you request and to manage your services and account. We will communicate with you by email most often, but by telephone as needed.

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PARTIES WITH WHOM WE MAY SHARE YOUR INFORMATION:

Service Providers: We may share your personally identifiable information as well as information from tools like Cookies, log files, and device identifiers and location data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.), with our employees, contractors, and/or agents that help SMG provide the Services to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Services. We strive to use commercially acceptable means to protect your personal information. If Service Providers acquire confidential or proprietary information belonging to SMG or its customers, such information is required to be handled in confidence and may not be disclosed to unauthorized third parties. Service Providers who violate our security and safe maintenance of data policies are subject to appropriate discipline including, but not limited to, termination. We take the privacy of our users very seriously, and we do not sell, rent, and/or otherwise provide your personally identifiable information to third parties for marketing purposes. We will not share your personally identifiable information in ways unrelated to those described in this Privacy Policy without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated use. We encourage our Service Providers to adopt and post privacy policies; however, such Service Provider’s use of personally identifiable information obtained through SMG is governed by such Service Provider’s privacy policies and is not subject to our control. Certain Service Providers will automatically collect non-identifying information about your use of our Services by using Cookies and other technologies as similarly used by SMG.

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Corporate Accounts: If you are an individual SMG registered user and the domain of the primary email address associated with your account is owned by your employer and was assigned to you as an employee of that organization, and such organization wishes to establish a corporate account, then certain information concerning past use of your individual account may become accessible to that organization’s administrator including your email address, survey responses, and/or assessment results.

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For Collaboration: We may share your information, including when you choose to use certain features in the Services that by their nature support sharing with third parties who you choose. Your name, email address, and any content you choose to share will be shared with such third parties, and such third parties may communicate with you (such as by posting comments or emailing you) in connection with your use of such features within the Services.

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Compliance with Laws: SMG will not disclose your personal information to third parties except as set forth in this Privacy Policy and in the following circumstances: (i) to investigate and defend SMG members against any third party claims and/or allegations and/or otherwise to protect SMG from liability, (ii) to investigate, prevent and/or take action regarding suspected, and/or actual illegal activities, (iii) to assist government enforcement agencies, respond to a legal process, and/or comply with the law, (iv) to exercise or protect the rights, property, and/or personal safety of the users of the Services, (v) to pass on concerns you may raise about our Services to your employer if the Services were purchased by them, and/or (vi) protect the security and/or integrity of the Service.

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Business Transfers: If we sell or otherwise transfer part or all of SMG or our assets to another organization (e.g., in the course of a transaction such as a merger, acquisition, bankruptcy, dissolution, liquidation, etc.), your information such as name and email address, user content, and/or any other information collected through the Services may be among the items sold and/or transferred.

YOUR INFORMATION CHOICES

Depending on the situation, SMG may obtain consent to the collection of personal information in different ways. Express consent may be obtained verbally, online, or in writing. Implied consent may be obtained through your use of our tools, surveys, assessments and other services, or when you approach us to obtain information, inquire about, or request services from us. We respect your privacy and give you an opportunity to opt out of receiving announcements of certain information. Although we think that you benefit from a more personalized experience when we know more about you and what you like, you can limit the information you provide to SMG, and you can limit the communications that SMG sends to you. If you visit our Services and volunteer personally identifiable information, you can opt out of receiving notifications, and you may review, modify, update, and/or delete such personally identifiable information by contacting us and changing your preferences. Please be aware that even after your request for a change is processed, SMG may, for a time, retain residual information about you in its backup and/or archival copies of its database. Please be aware that we may still email you non-commercial emails related to your account and your transactions through our Services. Following termination of Services, SMG may retain information (including without limitation your personally identifiable information) for a commercially reasonable time for backup, archival, audit purposes, and/or to comply with legal obligations, resolve disputes, and enforce agreements. In some cases, if you choose not to provide SMG with requested information, you may not be able to use and/or access all of our Services.

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YOUR CALIFORNIA PRIVACY RIGHTS

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to receive: (a) information identifying any third-party companies to whom SMG may have disclosed personal information to for direct marketing within the past year; and (b) a description of the categories of personal information disclosed. SMG does not provide personal information to third-parties for marketing purposes. To validate such, please email your request to bshapcott@smg-results.com and we will respond within thirty (30) days of receiving such a request. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above.

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SERVICE ELIGIBILITY AND CHANGES

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Children and Minors.

SMG does not knowingly collect personally identifiable information from children under the age of thirteen (13). If we learn that we have collected personal information from a child under age thirteen (13), we will delete such information as quickly as possible. If you believe that a child under the age of thirteen (13) may have provided us personal information, please contact us at bshapcott@smg-results.com. By using our Services, you represent that you are at least eighteen (18) years old and understand that you must be at least eighteen (18) years old in order to create an account and/or purchase the goods and/or services through our applications and websites.

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Changes to Privacy Policy.

In general, changes will be made to this Privacy Policy to address new or modified laws, changes to ‘EU-US Privacy Shield Framework’ and/or new or modified business procedures. However, we may update this Privacy Policy at any time, with or without advance notice, so please review it periodically. We may provide you additional forms of notice of modifications and/or updates as appropriate under the circumstances. You can determine when this Privacy Policy was last revised by referring to the date it was “Last Modified Date” above. If you disagree with any changes to this Privacy Policy and do not wish your information to be subject to the revised Privacy Policy, you will need to stop using the Services. Your continued use of the Services after any modification to this Privacy Policy will constitute your acceptance of such modifications and/or updates.

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SECURITY

We work hard to secure your personal information from unauthorized access to and/or unauthorized alteration, disclosure, and/or destruction of information we hold. SMG has adopted appropriate physical, electronic, and managerial procedures to safeguard and secure the personal information we process. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We periodically review our information collection, storage, and processing practices, including physical security measures, to guard against unauthorized access to systems. Because the internet is not a completely secure environment, SMG cannot warrant the security of any information you transmit to SMG or guarantee that information on the Services may not be accessed, disclosed, altered and/or destroyed by breach of any of our physical, technical, and/or managerial safeguards. Please do your part to help SMG. You are responsible for maintaining the secrecy of your account information and for controlling access to emails between you and SMG at all times. Please limit your access to your computer and/or mobile device and/or browser by signing off after you have finished accessing our Services. We are not responsible for the functionality, privacy, and/or security measures of any other organization.

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OTHER WEB SITES AND SERVICES

We are not responsible for the practices employed by any websites and/or services linked to and/or from our Services, including the information and/or content contained therein. Please remember that when you use a link to go from our Services to another website and/or service, our Privacy Policy does not apply to such third-party websites and/or services. Your browsing and interaction on any third-party website and/or service, including those that have a link on our Service, are subject to such third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your personal information. If you are using a third-party website and/or service and you allow them to access your personal information, you do so at your own risk.

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EU – U.S. PRIVACY SHIELD FRAMEWORK

Where SMG acts as a data processor, SMG has registered for certification of its compliance with the EU-U.S. Privacy Shield Framework.  SMG may from time to time collect, use, and retain personal information from individuals located within the European Union (“EU”) member countries. We are committed to subjecting all personal data received from the EU member countries in reliance with the Privacy Shield Framework and its applicable ‘Principles’.  To learn more about the ‘EU-US Privacy Shield Framework’, please visit https://www.privacyshield.gov.  SMG is under the jurisdiction as well as the investigatory and enforcement powers of the US Federal Trade Commission for purposes of the ‘EU-US Privacy Shield Framework.’  This Privacy Policy applies to all personal information received by SMG whether in electronic, paper, or verbal format.

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PRIVACY SHIELD COMPLIANCE

SMG complies with the EU-U.S. Privacy Shield Framework (Privacy Shield) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and the United Kingdom to the United States in reliance on Privacy Shield.  SMG has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

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DATA INTEGRITY PURPOSE LIMITATION

SMG may process personal data on your behalf in order to provide the Services, including uploading, reviewing, sharing content and sending emails on your behalf. SMG will only process personal information in a way that is set forth herein and relevant for the purpose for which it was collected and/or authorized by you. SMG will take reasonable steps to ensure that personal information is reliable for its intended use, accurate, complete and current. We may occasionally contact you to determine that your data is still accurate and current.

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ACCESS

Upon request, we will grant you reasonable access to personal information that we hold about you.  SMG may deny requests where legitimate rights of persons other than you would be violated or where disclosure would interfere with national security, defense, or public security.  For security purposes, SMG may require verification of identity before providing access to personal information.  If you wish to access, amend, or confirm that SMG has personal data relating to you, or if you wish to correct or delete your personal information if it is inaccurate, please notify us by contacting bshapcott@smg-results.com.  We will respond to your request within a reasonable time.

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ONWARD TRANSFERS

SMG is responsible for the processing of personally identifiable information it receives, under the Privacy Shield Frameworks, and subsequently transfer to a third party acting as an agent on its behalf.  SMG complies with the ‘Principles’ for all onward transfers of personally identifiable information from the EU, including the onward transfer liability provisions.  SMG will offer users in the EU whose personally identifiable information has been transferred to the United States the opportunity to opt out from: (a) the disclosure of personally identifiable information to a non-agent third party (other than Service Providers); and (b) the use or disclosure of personally identifiable information for a purpose other than the purposes for which the information originally was collected or subsequently authorized by the individual or a compatible purpose.

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SMG does not intend to receive “sensitive personal information” (which includes, without limitation, personal information specifying medical and/or health conditions), and neither our clients nor any individuals should provide sensitive personal information to us. In the event SMG seeks to receive such information, we will request and obtain affirmative consent before disclosing such information to a non-agent third party and before using such information for a purpose other than the purpose originally disclosed and/or a compatible purpose. SMG will provide you with reasonable mechanisms to exercise your choices should such circumstances arise. SMG will not transfer personal information originating from the EU to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of privacy protection to your personal information as required by the principles of the ‘EU-US Privacy Shield Framework’. We will only transfer data to our agents, resellers or third-party Service Providers who need the information in order to provide services to or perform activities on behalf of SMG, including in connection with the delivery of services or products, SMG management, administration, or legal responsibilities. SMG will make sure that any third-party agents receiving personal information subscribes to the ‘EU- US Privacy Shield Principles’.

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EXCEPTIONS TO PRIVACY SHIELD PRINCIPLES

As it relates to personally identifiable information pertaining to EU individuals, please be aware that there are certain exceptions to the EU-US Privacy Shield Principles’. For instance, our adherence to the ‘Principles’ may be limited to the extent necessary to meet national security, public interest, or law enforcement requirements. Please note that where an exception applies to the ‘Privacy Shield Principles’, we may make use of such exception.

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DATA TRANSFERS

Please be aware that our Services are subject to United States laws, including laws governing privacy and security of your information. By using our Services, you agree and consent (and represent that you have the authority to provide such consent) to the information collection, use, and sharing practices described in this Privacy Policy and understand that the laws of the United States and other countries and territories related to the foregoing may differ from those of other countries and may not be as protective as the laws in the country where you reside. Regardless of the laws in place in such countries, we will treat the privacy of your information in accordance with this Privacy Policy.

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RECOURSE, ENFORCEMENT AND LIABILITY

SMG uses a self-assessment approach to assure compliance with this Privacy Policy and periodically verifies that the Privacy Policy is accurate, prominently displayed, comprehensive for the information intended to be covered, implemented and accessible and in conformity with the ‘EU- US Privacy Shield Principles’.  If you believe SMG processes your personal data under reliance of the ‘EU-US Privacy Shield Framework’ and have inquiries or concerns that you would like to discuss with us, we encourage you to raise any concerns by contacting us at bshapcott@smg-results.com and we will investigate and attempt to resolve any disputes regarding use and disclosure of personal information in accordance with the ‘EU- US Privacy Shield Principles’.  We will respond to your inquiry within 30 days from our receipt of such inquiry.  If the personal information in question was transferred from the EU to the United States, and for some reason a complaint or dispute cannot be resolved through our internal process, we have further committed to refer unresolved ‘EU-US Privacy Shield’ complaints to an independent dispute resolution mechanism located in the United States.  Any dispute, controversy and/or claim arising out of or relating to this Privacy Policy, will be referred to and finally determined by Judicial Arbitration and Mediation Services (“JAMS”).  If you do not receive timely acknowledgment of your complaint, and/or if your complaint is not satisfactorily addressed by SMG, please visit the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.

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Additionally, with respect to complaints concerning human resources data that is transferred from the EU to the United States, we have agreed to participate in the dispute resolution procedures of the EU Data Protection Authorities. Contact details for the EU data protection authorities can be found at https://ec.europa.eu/info/law/law-topic/data-protection_en SMG will cooperate with the appropriate EU Data Protection Authorities during investigation and resolution of complaints concerning human resources data that is transferred from the EU to the United States brought under the ‘EU-US Privacy Shield Framework’.

These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law.  Under certain conditions, if you are not satisfied with the above recourse mechanism, you may be able to invoke binding arbitration.

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In compliance with the Privacy Shield Principles, SMG Corporation commits to resolve complaints about our collection or use of your personal information.  EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact SMG Corporation at: bshapcott@smg-results.com.com.

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Sales Management Group, LLC has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU in the context of the employment relationship.

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LANGUAGE

The governing language of this Privacy Policy is English, which shall prevail over any other languages used in any translated document.

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HOW TO CONTACT US

If you have questions and/or comments about this Privacy Policy, please email us at bshapcott@smg-results.com