Terms of Use

Ownership of Sites brainleadership.com and ablsafety.com; Agreement to Terms of Use
ABL WEBSITES (“SITES”) AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY USING ABL WEBSITES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITES.

The Academy of Brain-based Leadership, LLC and its affiliates and subsidiaries (hereafter “Company”) reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Sites following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Sites.

Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Sites, or any portion of the Sites, for any reason; (2) to modify or change the Sites, or any portion of the Sites, and any applicable policies or terms; (3) to interrupt the operation of the Sites, or any portion of the Sites, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content or account; and or (5) to terminate access of any user in its sole discretion, for any reason or no reason.

WARRANTY DISCLAIMER

ABL SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS”, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

Company, ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITES AND/OR THOSE SERVICES.

Although Company attempts to ensure the integrity and accurateness of the Sites, it makes no guarantees whatsoever as to the correctness or accuracy of the Sites. It is possible that the Sites could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Sites by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Sites may be changed and or updated without notice. In the event of inaccurate price or description of a product, Company will contact the customer with accurate information and/or price difference if the product has been purchased.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Sites is owned, controlled or licensed to Company with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in the Sites are the trademarks, service marks or logos of their respective owners.
Company may have trademarks, services marks or registered trademarks of Company, including, but not limited to, S.A.F.E.T.Y.™, T.R.I.B.E.™, T.R.A.I.N.™, N.E.T.S.™, which are proprietary marks of Company or its affiliates. Company’s proprietary marks may not be used in connection with any product or service that is not provided by Company in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company.

Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium, for publication or distribution or for any commercial enterprise, without Company’s express prior written consent.

YOUR USE OF ABL SITES

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. Company reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any Company server, or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of Company.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Company systems or networks, or any systems or networks connected to the Sites or to Company.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through the Sites or any service offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.

You may not use ABL Sites for any abusive or illegal purpose. You may not harm others in any way. You may not use the Sites to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. Company reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.

We always appreciate your feedback or other suggestions, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

You may not use the Sites in a manner that: (1) infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (2) violates any law, statute, ordinance or regulation; (3) is defamatory, trade libellous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography; (4) that you know contains Viruses; (5) that you know will materially damage, disable, overburden or impair the Sites or any other party’s use of the Sites; or (5) that you know contains links to any sites that do any of the aforementioned prohibited acts. In addition, you are prohibited from using the Sites to send spam, either directly or indirectly, or that in any way violates the CAN-SPAM Act of 2003, 15 U.S.C. 7701, as amended.

Company does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user. Notwithstanding anything within this provision or these Terms of Use, Company reserves the right to suspend or terminate any user’s account with or without notice to said user for any reason, at the sole discretion of Company.

REFERRAL NETWORK

We provide this Referral Network as a service for those interested in working with leadership and organizational development professionals. Note that none of these professionals are employees of The Academy of Brain-based Leadership, LLC or its affiliates, recommend or endorse their services. Should you choose to engage them they are solely responsible for their acts or omissions.

LINKS TO OTHER SITES

ABL Sites may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Site visitors. Such Linked Sites are not under Company’s control, and Company is not responsible for and does not endorse the content of such Linked Sites, including but not limited to any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. In addition, a hyperlink to a non-Company Website does not mean that Company endorses or accepts any responsibility for the content or the use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

PROPRIETARY RIGHTS

All copyrights to elements and graphics are retained by Company with all rights reserved. No other use is hereby authorized.
It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner.

PRIVACY

By using ABL Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

LIMITATION OF LIABILITY

Except when prohibited by law, in no event will Company be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Company has been advised of the possibility of such damages.

Notwithstanding the other provisions of these Terms of Use, if Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Sites or any Content, the aggregate liability of Company shall in no event exceed One Hundred US Dollars US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

INDEMNITY

You agree to indemnify, defend and hold Company, its affiliates and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, licensors and service providers (“Indemnitees”) harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against Indemnitees by any third party due to or arising out of or in connection with your use of the Sites.

VIOLATION OF THESE TERMS OF USE

Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Company’s rights or property, or the rights or property of visitors to or users of the Sites, including Company’s customers. Company reserves the right at all times to disclose any information that Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. Company also may disclose your information when Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Company may preserve any transmittal or communication by you with Company through the Sites or any service offered on or through the Sites, and may also disclose such data if required to do so by law or Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, and or (4) protect the rights, property or personal safety of Company, its employees, users of or visitors to the Sites, and the public.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Sites at any time, for any reason or no reason. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company for which monetary damages would be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.

If Company does take any legal action against you as a result of your violation of these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Sites as a result of any violation of these Terms of Use.

GOVERNING LAW

These Terms of Use are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules that would give rise to application of the substantive law of another jurisdiction. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the Orange County in the State of California, and waives any jurisdictional, venue, or inconvenience forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Company respects and expects its users to respect the rights of copyright holders. On notice, Company will act appropriately to remove content that infringes the copyright rights of others. If it is believed that any content uploaded infringes upon existing copyrights, owners or any agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. § 512, Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

REPORT OF COPYRIGHT INFRINGEMENT

The Academy of Brain-based Leadership, LLC
50 Via de la Mesa
Rancho Santa Margarita, CA 92688
info@brainleadership.com

VOID WHERE PROHIBITED

Although access to ABL Sites is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Sites is void where prohibited. If you choose to access the Sites from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

NO UNLAWFUL OR PROHIBITED PURPOSE

As a condition of your use of ABL Sites, you warrant to Company that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter of this Agreement. In its sole discretion, Company may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to ABL Sites is a new transaction governed by the terms of use linked on this Site at that time.

March, 2020

Privacy Policy

The Academy of Brain-based Leadership LLC (ABL), 50 Via De La Mesa, Rancho Santa Margarita, CA 92688 USA, is committed to protecting and respecting your privacy.

This Policy (and any other documents referred to in it, and any other contractual terms that may be in place between us and you) sets out the basis on which any Personal Data that we collect from you or process for you through our Services, will be used by us.

For the purposes of the EU General Data Protection Regulation (“GDPR”), in the cases where we gather data through our websites and marketing campaigns, we are the “data controller”. For more details on how The Academy of Brain-based is GDPR compliant please visit this page.

For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

INFORMATION WE MAY COLLECT FROM YOU THROUGH OUR WEBSITES, REGISTRATION SYSTEMS OR LEARNING PLATFORMS

You may give us information about you by filling in forms on our websites or by corresponding with us by email, phone or otherwise. This includes information you provide when you register and subscribe to use our services, contact forms you may submit on any of our websites, and communications with our team.

The information you give us may include your name, email address, physical address, work role, gender, address, phone number, institution name, bank account/credit card information in order to pay for products and/or services within the service.

When purchasing products and services via these websites you will asked for your credit card/payment details by a third-party provider (Paypal or Stripe) in order to pay for the service within the service. Please refer to Paypal’s and Stripe’s privacy policies for information on the protection of this data.

When you pay for a product and/or a service via bank transfer, we may ask you to provide information to facilitate this transaction and to verify your identity. Such information may include, without limitation: Date of birth, Passport or National ID card, Bank card statement, Other information linking you to an address

THROUGH OUR S.A.F.E.T.Y.™ ASSESSMENT (ABLSAFETY.COM)

When completing the S.A.F.E.T.Y.™ Assessment you are requested to give us the following information: your first name, last name, email address, gender, work role, ethnicity, birth year, education, country as well as your responses to 50 questions.

When purchasing codes or upgrades of the assessment via the website you will asked for your credit card/payment details by a third-party provider (Paypal) in order to pay for the service within the service. Please refer to Paypal’s privacy policy for information on the protection of this data.

THROUGH OUR MARKETING CAMPAIGNS

You may give us information about you when filling in forms in our content marketing campaigns (for example in the case where we offer a brochure or white paper in the exchange of your data), registrations to webinars and other events, subscribing to our blogs, or participating in marketing activities at trade-shows and conferences.

The information you give us may include your name, email address, country, state, city, phone number, institution type, institution name, institution website, and institution size.

TRACKING TECHNOLOGIES AND COOKIES

We do not collect any personal information from you when you visit our site unless you expressly and voluntarily participate in an activity that asks for it and you voluntarily provide it. We use voluntarily provided personal information to communicate directly with you by email. We do not sell or rent your personal information to third-party data vendors or marketing companies.

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

We use both session cookies and persistent cookies on our websites.

HOW WE USE COOKIES

Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies. The cookies used on the website include those which are strictly necessary cookies for access and navigation, cookies that track usage (performance cookies), remember your choices (functionality cookies), and cookies that provide you with targeted content or advertising

We may use the information we obtain from your use of our cookies for the following purposes:

  • to recognise your computer when you visit the website
  • to track you as you navigate the website, and to enable the use of any e-commerce facilities
  • to improve the website’s usability
  • to analyse the use of the website
  • in the administration of the website
  • to personalise the website for you, including targeting advertisements which may be of particular interest to you.
THIRD-PARTY COOKIES

When you use the website, you may also be sent third party cookies.

Our advertisers and service providers may send you cookies. They may use the information they obtain from your use of their cookies:

  • to track your browser across multiple websites
  • to build a profile of your web surfing
  • to target advertisements which may be of particular interest to you.
    In addition to the information we provide in this Cookie Policy, you can find out more information about your online choices at http://www.youronlinechoices.co.uk
BLOCKING COOKIES

Most browsers allow you to refuse to accept cookies. For example:

  • in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector;
  • in Firefox you can block all cookies by clicking “Tools”, “Options”, and un-checking “Accept cookies from sites” in the “Privacy” box.
  • in Google Chrome you can adjust your cookie permissions by clicking “Options”, “Under the hood”, Content Settings in the “Privacy” section. Click on the Cookies tab in the Content Settings.
  • in Safari you can block cookies by clicking “Preferences”, selecting the “Privacy” tab and “Block cookies”.

Blocking all cookies will, however, have a negative impact upon the usability of many websites. If you block cookies, you may not be able to use certain features on the website (log on, access content, use search functions).

DELETING COOKIES

You can also delete cookies already stored on your computer:

  • in Internet Explorer, you must manually delete cookie files;
  • in Firefox, you can delete cookies by, first ensuring that cookies are to be deleted when you “clear private data” (this setting can be changed by clicking “Tools”, “Options” and “Settings” in the “Private Data” box) and then clicking “Clear private data” in the “Tools” menu.
  • in Google Chrome you can adjust your cookie permissions by clicking “Options”, “Under the hood”, Content Settings in the “Privacy” section. Click on the Cookies tab in the Content Settings.
  • in Safari you can delete cookies by clicking “Preferences”, selecting the “Privacy” tab and “Remove All Website Data”.

Obviously, doing this may have a negative impact on the usability of many websites.

“DO NOT TRACK”

California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we don’t respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Statement.

HOW DO WE USE YOUR DATA?
DATA COLLECTED THROUGH OUR WEBSITES OR USE OF OUR SERVICES

The data provided by users when using/subscribing to our products and services is used in the following ways:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account:to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract:the development, compliance and undertaking of the contract for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide you with informative emails, periodic newsletters, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage your requests: To attend and manage your requests to us.
DATA COLLECTED THROUGH THE S.A.F.E.T.Y.™ ASSESSMENT (ABLSAFETY.COM)

The data and answers provided by users when completing the SAFETY™ assessment is lawfully processed under ‘user consent’ and may be used in the following ways:

  • To generate your S.A.F.E.T.Y.™ scores and profile. The answers you provide to the 50 questions in the S.A.F.E.T.Y.™ assessment are used to calculate your ‘scores’ for each of the first 5 domains of S.A.F.E.T.Y.™ (Security, Autonomy, Fairness, Esteem, Trust). This calculation is made using an algorithm based on normalized data of all users. These scores are used to generate your profile report that contains your S.A.F.E.T.Y.™ scores and provides insights into what your scores in each domain might indicate about your needs and behaviors as well as the possible impact your profile may have on yourself and on others.
    PDF Profile Report is securely emailed to the email address you provide to us when completing the assessment and is encrypted in transit. This Report is generated in runtime and is not stored on any system. Your report will remain your property and you will maintain complete control of who, how and when it is shared. We will not share, store or provide details of your profile to any third party.
  • If completed as part of a workshop/training/coach initiative managed by a 3rd party:
  • If you complete the assessment as part of a workshop, coaching session or other initiative instigated and managed by a third party (eg your employer, coach, training provider) you may be requested to share your report with the organizer for printing and/or collation of your anonymous results into a team report for use in that engagement. The decision to share the report is left to your discretion and as soon as your data is passed onto someone else we have no responsibility for the storage, use or protection of that data.
  • If completed as part of a workshop/training/coach initiative managed by Us:
    In the case where you share your report with Us in preparation for a workshop, coach session or other initiative we are managing or facilitating, your data will not be stored, shared or used for any other purpose other than for printing of the report or using your anonymous scores to collate a team report for use in that session. Your report will be managed according to our data protection policies and processes and will be securely deleted at the completion of the initiative. You will maintain complete control of who, how and when it is shared within the scope of the engagement.
  • Assessment Validation and Norming: your data will also be used for analysis, validation and norming of the SAFETY™ assessment. All identifiable personal data (ie first name, last name, email) is deleted before processing.
DATA COLLECTED THROUGH MARKETING CAMPAIGNS

The data collected through marketing campaigns is used in the following ways:

  • In future marketing campaigns that might be suited for them such as invitations to webinars and events, content marketing campaigns, campaigns related to our platforms and blogs, research campaigns related to our platforms, blogs, and industry.

We may share your personal information in the following situations:

  • With Service Providers:We may share Your personal information with Service Providers to monitor and analyse the use of our Service, to help support and maintain our products and services, for email marketing campaigns, for payment processing for products and services, for registrations and subscriptions, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing.
  • For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
  • With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see You name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

We do not make any automated decisions soley through automated means.

HOW LONG DO WE STORE DATA

The retention periods of your personal information depend on the respective purpose for which the data is processed and the respective tool/product in which the personal information is processed in. It is not possible to outline the various retention periods in a reasonable intelligible format under this Policy. The criteria used to determine the applicable retention period are that we will retain the personal information set out in this policy for as long as:

  • Necessary for the respective purpose
  • Necessary to carry out our business relationship with you
  • You have consented to, and/or
  • Required by applicable statutory retention laws

For further details on our Retention Policy and specific data retention periods please contact us at info@brainleadership.com.

TRANSFER OF YOUR PERSONAL DATA

Your information, including Personal Data, is processed at ABL’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

SHARING YOUR PERSONAL DATA

To facilitate our efficient use of your information, and to provide you with the content and/or resources, we disclose your information to third parties. However, this disclosure will only occur in the following circumstances:

Suppliers, contractors and agents: we may engage or employer other companies and individuals to perform functions on our behalf. Examples could be data analysis, hosting and/or maintaining website content, the provision of certain features contained on the website, or the provision of marketing or support services. Third parties are provided only the information required to perform their function and are not permitted to use personal data for any other purposes. Third parties are subject to contractual confidentiality obligations and data protection agreements.

Business Transactions: If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement: Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements: The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability
WHERE DO WE STORE YOUR PERSONAL DATA

As explained in the “Sharing Your Personal Data” paragraph above, your personal data may be collected and stored with Third-party suppliers, contractors, agents. Where we use a third-party supplier, contractor or agent your personal information remains under our control and we have controls in place to ensure your personal information is adequately protected.

We endeavour to take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this policy.

DATA SECURITY

The security of Your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. For this reason, any transmission is at your own risk. We use strict operational procedures and adequate technical and organizational security measures to prevent any unauthorised access, change, deletion or transmission of this personal information.

LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER GDPR

We may process Personal Data under the following conditions:

  • Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
  • Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
  • Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
  • Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

HOW YOU CAN ACCESS, CORRECT AND DELETE YOUR PERSONAL INFORMATION

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

Under this Privacy Policy, and under applicable data protection laws, you have the following rights:

  • Request access to Your Personal Data. The right to access, update or delete the information we have on you. You can access, update or request deletion of your personal data by making a request at info@brainleadership.com. This also enables You to receive a copy of the Personal Data We hold about You.
  • Request correction of the Personal Data that We hold about You.You have the right to have any incomplete or inaccurate information we hold about you corrected.
    Object to processing of Your Personal Data.This right exists where we are relying on a legitimate interest as the legal basis for Our processing and there is something about your particular situation, which makes you want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
  • Right to be forgotten/Request erasure of Your Personal Data.You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it. You may make such a request at any time and we will evaluate whether your request should be granted. However, this right is subject to any legal rights or obligations we may have to retain data. For situations where, in accordance with the law, we determine that your request to have your personal information deleted must be granted, we will do so without undue delay.
  • Request the transfer of Your Personal Data.We will provide to you, or to a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw Your consent.You have the right to withdraw your consent on using your personal data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service. Withdrawal of your consent will not affect the lawfulness of any processing based on your consent before receipt of such withdrawal.

California Residents are entitled to ask for a notice identifying the categories of personal information that we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. Please note that we do not rent, sell, or share in any manner, your personal information in personally identifiable form to anyone for marketing purposes.

You have the right not to be discriminated against for exercising any of Your Consumer’s rights, including by:

  • Denying goods or services to You
  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
  • Providing a different level or quality of goods or services to You
  • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.
EXERCISING YOUR DATA PROTECTION RIGHTS

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

To exercise your rights see below for the relevant contact option.

CHILDREN’S PRIVACY

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

LINKS TO OTHER WEBSITES

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

MARKETING COMMUNICATIONS

Where we send marketing communications to you via email, you may opt out of receiving any further marketing communications by click the ‘unsubscribe’ or ‘opt-out’ function in the email. In addition, you can also exercise your opt-out right at any time by emailing us at info@brainleadership.com with ‘UNSUBSCRIBE’ in the subject line, or contact us at +1 41 5935 4027.

CHANGES TO THIS POLICY

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will publish any material changes to this Policy through appropriate notices either on this website or contacting you using other communication channels.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

CONTACT

Questions, comments and requests regarding this Policy are welcomed and can be addressed to us by mail at: The Academy of Brain-based Leadership LLC, 50 Via De La Mesa, Rancho Santa Margarita, CA 92688 USA, or by email info@brainleadership.com.

For residents outside Europe please email requests related to your personal data to  info@brainleadership.com.

For European residents please contact our  appointed privacy representative Prighter via their website https://prighter.com/q/17981047

GDPR Compliance Statement

WHAT IS GDPR?

The General Data Protection Regulation (GDPR) is designed to strengthen controls that individuals have over their personal data and their right to privacy. It requires greater controls by companies that collect and process personal data.

Any organization that holds personal data, including smaller businesses or charities, are subject to the GDPR if the organization is located in Europe or is offering goods or services to individuals in Europe. Personal data means any information relating to an identifiable person who can be directly or indirectly identified by that particular information.

OUR COMMITMENT

The Academy of Brain-based Leadership LLC (ABL) is committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognize our obligations in updating and expanding this program to meet the demands of the GDPR and the California Consumer Privacy Act (CCPA).

ABL is dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new Regulation. Our preparation and objectives for GDPR compliance have been summarized in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance.

ABL’S READINESS FOR GDPR

ABL already have a consistent level of data protection and security across our organization, however it is our aim to be fully compliant with the GDPR by 31 July 2020. Our preparation includes:

Information Audit

Carrying out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed.

Policies & Procedures

Revising and implementing new data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including:

Data Protection

Our main policy and procedure document for data protection has been overhauled to meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities; with a dedicated focus on privacy by design and the rights of individuals.

Data Retention & Erasure – we have updated our retention policy and schedule to ensure that we meet the ‘data minimisation’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place to meet the new ‘Right to Erasure’ obligation and are aware of when this and other data subject’s rights apply; along with any exemptions, response timeframes and notification responsibilities.

Data Breaches – our breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time. Our procedures are robust and have been disseminated to all employees, making them aware of the reporting lines and steps to follow.

International Data Transfers & Third-Party Disclosures – where The Academy of Brain-based Leadership stores or transfers personal information outside the EU, we have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data. Our procedures include a continual review of the countries with sufficient adequacy decisions, as well as standard data protection clauses or approved codes of conduct for those countries without. We carry out strict due diligence checks with all recipients of personal data to assess and verify that they have appropriate safeguards in place to protect the information, ensure enforceable data subject rights and have effective legal remedies for data subjects where applicable.

Subject Access Request (SAR)

We have revised our SAR procedures to accommodate the revised 30-day timeframe for providing the requested information and for making this provision free of charge. Our new procedures detail how to verify the data subject, what steps to take for processing an access request, what exemptions apply and a suite of response templates to ensure that communications with data subjects are compliant, consistent and adequate.

Legal Basis for Processing

We are reviewing all processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to. Where applicable, we also maintain records of our processing activities, ensuring that our obligations under Article 30 of the GDPR and Schedule 1 of the Data Protection Bill are met.

Privacy Notice/Policy

We have revised our Privacy Notice(s) to comply with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.

Obtaining Consent

We have revised our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed stringent processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy way to withdraw consent at any time.

Direct Marketing

We have revised the wording and processes for direct marketing, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.

Data Protection Impact Assessments (DPIA)

Where we process personal information that is considered high risk, involves large scale processing or includes special category data; we have developed stringent procedures and assessment templates for carrying out impact assessments that comply fully with the GDPR’s Article 35 requirements. We have implemented documentation processes that record each assessment, allow us to rate the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the data subject(s).

Data Processing Agreements

Where we use any third-party to process personal information on our behalf (i.e. Payroll, Recruitment, Hosting etc), we have drafted compliant Data Processing Agreements and due diligence procedures for ensuring that they (as well as we), meet and understand their/our GDPR obligations. These measures include initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organizational measures in place and compliance with the GDPR.

Special Categories Data

Where we obtain and process any special category information, we do so in complete compliance with the Article 9 requirements and have high-level encryptions and protections on all such data. Special category data is only processed where necessary and is only processed where we have first identified the appropriate Article 9(2) basis or the Data Protection Bill Schedule 1 condition. Where we rely on consent for processing, this is explicit and is verified by a signature, with the right to modify or remove consent being clearly signposted.

DATA SUBJECT RIGHTS

In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information via our Privacy Policy of an individual’s right to access any personal information that ABL processes about them and to request information about:

  • What personal data we hold about them
  • The purposes of the processing
  • The categories of personal data concerned
  • The recipients to whom the personal data has/will be disclosed
  • How long we intend to store your personal data for
  • If we did not collect the data directly from them, information about the source
  • The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
  • The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use
  • The right to lodge a complaint or seek judicial remedy and who to contact in such instances
INFORMATION SECURITY & TECHNICAL AND ORGANIZATIONAL MEASURES

ABL takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorized access, alteration, disclosure or destruction and have several layers of security measures, including: SSL, access controls and monitoring, password policies, security software, data encryption, anonymization, practices, restriction, authentication, software updates and security training.

ABL AS A DATA CONTROLLER OR DATA PROCESSOR

The GDPR provides for two different relationships for businesses handling personal data. The Data Controller, alone or jointly with others, determines the purposes and means of the processing of personal data, while the Data Processor is processing data on behalf of the Data Controller.

ABL is a Data Controller for the products and services it offers to customers.

Both the Data Controller and Data Processor have an obligation to protect personal data according to the GDPR. For Data Processors, those obligations should be clearly determined by the various parties with data protection terms in their agreements to make sure that customers’ personal data is lawfully processed.

We regularly review our terms and conditions and assess our data practices to ensure they are up to date with the latest regulatory changes.

GDPR ROLES AND EMPLOYEES

ABL have designated Leonie Hull as our Data Protection Lead and have appointed a data privacy team to develop and implement our roadmap for complying with the new data protection Regulation. The team are responsible for promoting awareness of the GDPR across the organization, assessing our GDPR readiness, identifying any gap areas and implementing the new policies, procedures and measures.

We understand that continuous employee awareness and understanding is vital to the continued compliance of the GDPR and have involved our employees in our preparation plans. We have implemented an employee training program which is provided to all employees and forms part of our induction and annual training program.

If you have any questions about our compliance and preparation for the GDPR, please contact Leonie Hull at info@brainleadership.com.

You can also write to us at:

The Academy of Brain-based Leadership
50 Via De La Mesa
Rancho Santa Margarita, CA, 92688,
USA

Cookie Usage Statement

Our websites (brainleadership.com and ablsafety.com) uses cookies. By using these websites and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

ABOUT COOKIES

Cookies are files, often including unique identifiers, that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server.

Cookies can be used by web servers to identity and track users as they navigate different pages on a website, and to identify users returning to a website.

Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

We use both session cookies and persistent cookies on our websites.

HOW WE USE COOKIES

Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies. The cookies used on the website include those which are strictly necessary cookies for access and navigation, cookies that track usage (performance cookies), remember your choices (functionality cookies), and cookies that provide you with targeted content or advertising

We may use the information we obtain from your use of our cookies for the following purposes:

  • to recognise your computer when you visit the website
  • to track you as you navigate the website, and to enable the use of any e-commerce facilities
  • to improve the website’s usability
  • to analyse the use of the website
  • in the administration of the website
  • to personalise the website for you, including targeting advertisements which may be of particular interest to you.
THIRD PARTY COOKIES

When you use the website, you may also be sent third party cookies.

Our advertisers and service providers may send you cookies. They may use the information they obtain from your use of their cookies:

  • to track your browser across multiple websites
  • to build a profile of your web surfing
  • to target advertisements which may be of particular interest to you.

In addition to the information we provide in this Cookie Policy, you can find out more information about your online choices at http://www.youronlinechoices.co.uk

BLOCKING COOKIES

Most browsers allow you to refuse to accept cookies. For example:

  • in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector;
  • in Firefox you can block all cookies by clicking “Tools”, “Options”, and un-checking “Accept cookies from sites” in the “Privacy” box.
  • in Google Chrome you can adjust your cookie permissions by clicking “Options”, “Under the hood”, Content Settings in the “Privacy” section. Click on the Cookies tab in the Content Settings.
  • in Safari you can block cookies by clicking “Preferences”, selecting the “Privacy” tab and “Block cookies”.

Blocking all cookies will, however, have a negative impact upon the usability of many websites. If you block cookies, you may not be able to use certain features on the website (log on, access content, use search functions).

DELETING COOKIES

You can also delete cookies already stored on your computer:

  • in Internet Explorer, you must manually delete cookie files;
  • in Firefox, you can delete cookies by, first ensuring that cookies are to be deleted when you “clear private data” (this setting can be changed by clicking “Tools”, “Options” and “Settings” in the “Private Data” box) and then clicking “Clear private data” in the “Tools” menu.
  • in Google Chrome you can adjust your cookie permissions by clicking “Options”, “Under the hood”, Content Settings in the “Privacy” section. Click on the Cookies tab in the Content Settings.
  • in Safari you can delete cookies by clicking “Preferences”, selecting the “Privacy” tab and “Remove All Website Data”.

Obviously, doing this may have a negative impact on the usability of many websites.

“DO NOT TRACK”

California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we don’t respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.

CONTACT US

The website is owned and operated by The Academy of Brain-based Leadership LLC, a company registered in California, USA under company number 201724410319 with a registered office at 50 Via De La Mesa, Rancho Santa Margarita, CA, 92688, USA.

If you have any questions or comments about this Notice, or if you would like us to update information we have about you or your preferences, please email us at info@brainleadership.com.

You can also write to us at:

The Academy of Brain-based Leadership
50 Via De La Mesa
Rancho Santa Margarita, CA, 92688,
USA

March, 2020

Security Vulnerability Disclosure

This policy gives a person a point of contact to directly submit their findings if they believe they have found a potential security vulnerability within  systems operated by the Academy of Brain-based Leadership (ABL).

ABOUT THIS POLICY

The security of our ICT systems and the data we hold is a critical priority for ABL. We take every effort to keep our ICT systems secure. Despite our efforts, there may still be vulnerabilities.

This policy allows security researchers to share their findings with us in good faith. If you think you have found a potential vulnerability in one of our ICT systems, services or products, please tell us as quickly as possible.

We will not compensate you for finding potential or confirmed vulnerabilities. If you have not exploited the vulnerability or prematurely disclosed its possible existence, ABL will not take any legal action against you.

WHAT THIS POLICY COVERS

This policy covers:

  • any product or service operated by ABL to which you have lawful access including brainleadership.com and ablsafety.com

This policy does not cover:

  • clickjacking
  • social engineering or phishing
  • weak or insecure SSL ciphers and certificates
  • denial of service (DoS or DDoS) attacks
  • posting, transmitting, uploading, linking to, or sending any malware
  • physical attacks
  • attempts to modify or destroy data
  • attempts to extract or exfiltrate sensitive data

This policy does not authorise individuals or groups to undertake hacking or penetration testing against ABL ICT systems.

This policy does not cover any other action that is unlawful or contrary to legally enforceable terms and conditions for using a product or service.

HOW TO REPORT A VULNERABILITY

To report a vulnerability, email security@brainleadership.com.
Include enough detail so we can reproduce your steps.
If you report a vulnerability under this policy, you must keep it confidential. Do not make your research public until we have finished investigating and fixed or mitigated the vulnerability. Otherwise, ABL may take legal action.

WHAT HAPPENS NEXT

We will:

  • respond to your report within 5 business days
  • keep you informed of our progress
  • agree upon a date for public disclosure
  • with your consent credit you as the person who discovered the vulnerability
PEOPLE WHO HAVE DISCLOSED VULNERABILITIES TO US

Below are disclosed vulnerabilities, a name or alias is included if consent has been received from the person/s who have identified it:
•    none recorded at this time

For any privacy or user requests please contact

Leonie Hull

 

Email: info@brainleadership.com

Phone: +1 415 935 4027 (USA)
Phone: +61 403 777 780 (Australia)

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