Privacy Policy

PRIVACY POLICY

Introduction

The Kennedy Method, LLC (“Company” or ”We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website thekennedymethod.co (our “Website”) our using our app (our “App”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. 

This policy applies to information we collect:

• On this Website.

• On our App. 

• In email, text, and other electronic messages between you and this Website.

• Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.

• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party; or 

• Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.

  
  

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or our App. By accessing or using this Website or our App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website or our App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

If you are in the European Economic Area (EEA), Switzerland, or the UK, or a resident of California or another U.S. state with an applicable privacy law, please refer to the respective dedicated sections below. Otherwise, at your request, and as required by applicable law, we will:

• Inform you of what personal data we have about you that is under our control;

• Amend or correct such personal data or any previous privacy preferences you selected, or direct you to applicable tools; and/or

• Delete such personal data or direct you to applicable tools.

  
  

In order to exercise any of your rights as to personal data controlled by us, please contact the Company at hello@thekennedymethod.co Where legally permitted, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, or jeopardize the privacy of others. As an account owner or a user under a licensed account, you may also take steps to affect your personal data by visiting your account and modifying your personal data directly.

Use of the Website and App By Children Under the Age of 13 (or 16/18 as required by applicable law)

Our Website and App may be used by children under 13 years of age. Please see Appendix 1 of this policy for details regarding the collection and use of the personal information of children.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website and App, including information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, your website any other identifier by which you may be contacted online or offline (“personal information”);

• Recordings of your voice when you communicate verbally with the App; 

• Responses to our surveys, which may include information about your personal activities, job, goals, and challenges. 

• That is about you but individually does not identify you; and

• About your internet connection, the equipment you use to access our Website and App, and usage details.

  
  

We collect this information

• Directly from you when you provide it to us.

• Automatically as you navigate through the Website and the App. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

• From third parties, for example, our business partners.

  
  

Information You Provide to Us

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, registering to use and/or using the App, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website or App.

• Records and copies of your correspondence (including email addresses) if you contact us.

• Your responses to surveys that we might ask you to complete for research purposes.

• Details of transactions you carry out through our Website and App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website and App. 

• Your search queries and other communications on the Website and App.

  
  

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or App, or transmitted to other users of the Website, the App, or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or App with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies  

As you navigate through and interact with our Website or App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

•  Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

• Information about your computer and internet connection, including your IP address, operating system, and browser type.

• Details regarding your use of the App

The information we collect automatically helps us to improve our Website and App and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.

• Store information about your preferences, allowing us to customize our Website and App according to your individual interests.

• Speed up your searches.

• Recognize you when you return to our Website.

  
  

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. 

• Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

  
  

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and App and its contents to you.

• To monitor your progress with the exercises in the App. 

• To train our AI systems and AI trainer. 

• For analysis and debugging purposes. 

• To provide you with information, products, or services that you request from us.

• To fulfill any other purpose for which you provide it.

• To provide you with notices about your account and subscription, including expiration and renewal notices.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• To notify you about changes to our Website, App or any products or services we offer or provide though it.

• To allow you to participate in interactive features on our Website and App.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent.

  
  

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.

• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website and/or App users is among the assets transferred.

• To fulfill the purpose for which you provide it. 

• For any other purpose disclosed by us when you provide the information.

• With your consent.

• We do not share your personal information to third parties for advertising purposes. 

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

  
  

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website or App and visiting your account profile page.

You may also send us an email at hello@thekennedymethod.co to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.

Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. For example, California law permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. 

In addition, Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.

• Access and delete certain personal information.

• Data portability.

• Opt-out of personal data processing for targeted advertising and sales.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. 

To exercise any of these rights please email hello@thekennedymethod.co

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or App.

Retention

We retain personal data for as long as required to engage in the uses described in this policy, unless a longer retention period is required by applicable law.

• The criteria used to determine our retention periods include the following:

• The length of time we have an ongoing relationship with you and provide the Company’s products and services to you (for example, for as long as you have an account with us or keep using our products or services);

• Whether account owners modify or their users delete information through their accounts;

• Whether we have a legal obligation to keep the data (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or

• Whether retention is advisable in light of our legal position (such as in regard to the enforcement of our agreements, the resolution of disputes, and applicable statutes of limitations, litigation, or regulatory investigation).

  
  

European Data Protection Specific Information

Data Subjects Rights

If you are in the EEA, Switzerland, or the UK, your rights in relation to your personal data processed by us as a controller specifically include:

• Right of access and/or portability: You have the right to access any personal data that we hold about you and, in some circumstances, have that data provided to you so that you can provide or “port” that data to another provider;

• Right of erasure: In certain circumstances, you have the right to the erasure of personal data that we hold about you (for example, if it is no longer necessary for the purposes for which it was originally collected);

• Right to object to processing: In certain circumstances, you have the right to request that we stop processing your personal data and/or stop sending you marketing communications;

• Right to rectification: You have the right to require us to correct any inaccurate or incomplete personal data;

• Right to restrict processing: You have the right to request that we restrict processing of your personal data in certain circumstances (for example, where you believe that the personal data we hold about you is not accurate or lawfully held).

To exercise your rights, please contact the Company at [contact info]. If you have any other questions about our use of your personal data, please send a request at the contact details above. Please note that we may request you to provide us with additional information in order to confirm your identity and ensure that you are entitled to access the relevant personal data.

You also have the right to lodge a complaint to a data protection authority. For more information, please contact your local data protection authority.

Legal Basis for Processing Personal Data

We only use your information in a lawful, transparent, and fair manner. Depending on the specific personal data concerned and the factual context, when the Company processes personal data as a controller for individuals in regions such as the EEA, Switzerland, and the UK, we rely on the following legal bases as applicable in your jurisdiction:

• As necessary for our contract: When we enter into a contract directly with you, we process your personal data on the basis of our contract in order to prepare and enter into the contract, as well as to perform and manage our contract (i.e., providing the Company’s products and services, features and services to account owners, users, and manage our relationship and contract, including billing, compliance with contractual obligations, and related administration). If we do not process your personal data for these purposes, we may not be able to provide you with all products and services;

• Consistent with specific revocable consents: We rely on your prior consent in order to utilize cookies to engage advertising and analytics partners to deliver tailored advertising and analysis of our website usage. You have the right to withdraw your consent at any time by contacting us at the email address provided in this section;

• As necessary to comply with our legal obligations: We process your personal data to comply with the legal obligations to which we are subject for the purposes of compliance with EEA laws, regulations, codes of practice, guidelines, or rules applicable to us, and for responses to requests from, and other communications with, competent EEA public, governmental, judicial, or other regulatory authorities. This includes detecting, investigating, preventing, and stopping fraudulent, harmful, unauthorized, or illegal activity (“fraud and abuse detection”) and compliance with privacy laws;

• To protect your vital interests or those of others: We process certain personal data in order to protect vital interests for the purpose of detecting and preventing illicit activities that impact vital interests and public safety, including child sexual abuse material; and

• As necessary for our (or others’) legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms, which require protection of personal data: We process your personal data based on such legitimate interests to (i) enter and perform the contract with the account owner and/or reseller providing you with the products and services (which includes billing, compliance with contractual obligations, and related administration and support); (ii) develop, test, and improve our products and services and troubleshoot products and services; (iii) ensure authentication, integrity, security, and safety of accounts, activity, and products and services, including detect and prevent malicious conduct and violations of our terms and policies, prevent or investigate bad or unsafe experiences, and address security threats; (iv) send marketing communications, advertising, and promotions related to the products and services; and (v) comply with non-EEA laws, regulations, codes of practice, guidelines, or rules applicable to us and respond to requests from, and other communications with, competent non-EEA public, governmental, judicial, or other regulatory authorities, as well as meet our corporate and social responsibility commitments, protect our rights and property and the ones of our customers, resolve disputes, and enforce agreements.

International Data Transfers

The Company has users globally, which means personal data may be transferred, stored (for example, in a data center), and processed outside of the country or region where it was initially collected. Therefore, by using the Company’s products and services or providing personal data for any of the purposes stated above, you acknowledge that your personal data may be transferred to or stored in the United States where we are established, as well as in other countries outside of the EEA, Switzerland, and the UK. Such countries may have data protection rules that are different and less protective than those of your country.

California and Other U.S. States Notice at Collection 

Categories of Personal Information the Company Receives: We may collect, or process on behalf of our customers, the following categories of personal data, as described above, in the “Information We Collect About You and How We Collect It”; section.

Sources: We receive information from sources as described in the “Information We Collect About You and How We Collect” section.

Our business and commercial purposes for use: We use personal data for the following business and commercial purposes: to provide the Company’s products and services; for product research and development; for marketing and promotions; authentication, integrity, security, and safety; to communicate with you; and for legal reasons.

Retention: The Company retains personal data for as long as required to engage in the uses described in this Privacy Statement, unless a longer retention period is required by applicable law. Additional detail on retention criteria can be found under Retention, above.

California and Other U.S. State Privacy Rights

Under some U.S. state laws, including the California Consumer Privacy Act of 2018 (as amended by the California Consumer Privacy Rights Act) (CCPA), residents may have a right to:

• Access the categories and specific pieces of personal data the Company has collected, the categories of sources from which the personal data is collected, the business purpose(s) for collecting the personal data, and the categories of third parties with whom the Company has shared personal data, and obtain the personal data in a portable and, to the extent technically feasible, readily usable format;

• Delete personal data under certain circumstances;

• Correct personal data under certain circumstances; and

• Opt out of the “sale” of personal data or “sharing” of personal data for targeted advertising purposes. We do not sell your personal data in the conventional sense. However, like many companies, we may use advertising and analytics services that are intended to analyze your interactions with our website or app, based on information obtained from cookies or other trackers, including for delivering advertising to you (such as interest-based, targeted, or cross-context behavioral advertising). 

• Appeal a denial of your request. Some states provide additional rights to their residents. If we decline to process your request, you may have the right to appeal our decision. You can do so by replying directly to our denial or emailing hello@thekennedymethod.co.

  
  

The Company will not discriminate against you for exercising any of these rights, which is further in line with your rights under state law.

Sensitive Information. During the course of providing the services, the Company may receive information that may be considered sensitive under some state laws. If necessary, the Company processes sensitive personal information to provide the Company’s products and services, for product research and development, for authentication, integrity, security, and safety reasons, to communicate with you, for legal reasons, and with your consent. The Company does not use or disclose sensitive personal information (as defined under CCPA) for purposes of inferring characteristics about a consumer, or in any way that would require the Company to provide a right to limit under the CCPA. Under certain laws, residents may also be permitted to opt out of certain profiling relating to automated processing analyzing certain categories of an individual’s information that would produce a legal or similarly significant effect. The Company does not engage in this type of profiling of individuals.

To exercise your rights, please email hello@thekennedymethod.co. We will acknowledge receipt of your request within 10 business days, and provide a substantive response within 45 calendar days, or inform you of the reason and extension period (up to a total of 90 days) in writing.

These rights are not absolute, are subject to exceptions and limitations, and may not be afforded to residents of all states. In certain cases, we may decline requests to exercise these rights where permitted by law. We will need to verify your identity to process your access, deletion, and correction requests and reserve the right to confirm your state residency. To verify your identity, we may require you to log into your existing account (if applicable), give a declaration as to your identity under penalty of perjury, and/or provide additional information, such as providing at least two pieces of personal information relating to your account (which will be compared to information we have, such as profile information) or as we otherwise may already have in our possession, such as your email address and phone number. We will verify your consumer request by comparing the information you provide to information already in our possession, and take additional steps to minimize the risk of fraud. You may designate an authorized agent to submit your verified consumer request by providing written permission and verifying your identity, or through proof of power of attorney.

California’s Shine the Light Law

Under California’s Shine the Light law, you may also ask companies with whom you have formed a business relationship primarily for personal, family or household purposes to provide the names of third parties to which they have disclosed certain personal information (as defined under the Shine the Light law) during the preceding calendar year for their own direct marketing purposes and the categories of personal information disclosed. You may send us requests for this information to hello@thekennedymethod.co. In your request, you must include the statement “Shine the Light Request,” and provide your first and last name and mailing address and certify that you are a California resident. We reserve the right to require additional information to confirm your identity and California residency. Please note that we will not accept requests via telephone, mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website or App and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:  hello@thekennedymethod.co

Last modified: January 16, 2024

ADDENDUM 1

Privacy Policy for use of the Website or App by Children Under the Age of 13
(or 16/18 as required by applicable law)

The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians (“parents”) about our practices for collecting, using, and disclosing personal information from children under the age of 13 (or 16/18 as required by applicable law) (“children”). It also requires us to obtain verifiable consent from a child’s parent for certain collection, use, and disclosure of the child’s personal information.

This policy notifies parents of:

• The types of information we may collect from children.

• How we use the information we collect.

• Our practices for disclosing that information.

• Our practices for notifying and obtaining parents’ consent when we collect personal information from children, including how a parent may revoke consent.

This policy only applies to children under the age of 13 (or 16/18 as required by applicable law) and supplements the other provisions of this privacy policy. Only the other provisions of this privacy policy persons over 13 (or 16/18 as required by applicable law).

Verifiable Parental Consent

We require verifiable parental consent prior to the collection of any personally identifiable information of children.

Information We Collect from Children

Children can access many parts of the Website and App and its content and use many of its features without providing us with personal information. However, some content and features are available only to registered users. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Website and App. 

We only collect as much information about a child as is reasonably necessary for the child to participate in an activity, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary.

Information We Collect Directly 

A child must provide us with the following information to register with this website: the child’s first name, and a parent’s email address. We also require the child to create a member name and password. As users of the Website or App, children may provide additional personal information in response to the surveys and other features of the Website and App.

We may request additional information from your child, but this information is optional. We specify whether information is required or optional when we request it.

How We Use Your Child’s Information

We use the personal information we collect from your child to: 

• register him or her with the Website and App;

• communicate with him or her about activities or features of the Website and App that may be of interest;

• track his or her performance in surveys, games or other activities included in the Website and/or App; and

We use the information we collect automatically through technology and other non-personal information we collect to improve our Website and App and to deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.

• Store information about the child’s preferences, allowing us to customize the content according to individual interests.

• Speed up your child’s searches.

  
  

Our Practices for Disclosing Children’s Information

We do not share, sell, rent, or transfer children’s personal information other than as described in this section.

We may disclose aggregated information about many of our users, and information that does not identify any individual. In addition, we may disclose children’s personal information:

• To third parties we use to support the internal operations of our Website or App and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential.

• If we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others, including to:

  • protect the safety of a child;

  • protect the safety and security of the Website or App; or

  • enable us to take precautions against liability.

• To law enforcement agencies or for an investigation related to public safety.

If the Company is involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding or event, we may transfer the personal information we have collected or maintain to the buyer or other successor.

Accessing and Correcting Your Child’s Personal Information

At any time, you may review the child’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child’s information. 

You can review, change, or delete your child’s personal information by:

• Logging into your child’s account and visiting the account profile page.

• Sending us an email at hello@thekenedymethod.co. To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.]

  
  

Operators That Collect or Maintain Information from Children

No other third-party operators may collect or maintain personal information from children through the Website or App.