Privacy Policy

Last revised on 10th October 2022

HeadGain SAFEGUARDS YOUR PERSONAL INTEGRITY

HeadGain AB, reg.no. 559234-9616, (“HeadGain”, “we” or “us”) respects your privacy and is committed to maintaining a high level of security and integrity regarding your personal data. HeadGain is also committed to ensuring that processing is carried out in accordance with applicable data protection legislation.

This privacy policy (the “Policy” or the “Privacy Policy”) describes how HeadGain collects, uses, consults or otherwise processes personal data. In all cases described in this Policy, HeadGain will process your personal data as a data controller and is therefore responsible for ensuring that your personal data is processed correctly and securely in accordance with applicable legislation.

This Privacy Policy is especially directed at:

visitors and subscribers of the websites of HeadGain;

users of our products/services;

representatives of companies which are customers, suppliers or partners to HeadGain;

natural persons contacting us through the contact or other forms available on the websites; or

subscribers to our newsletter(s).

This Privacy Policy is intended to inform you how we gather, define, and use information that could identify you, such as your name, email address, other contact details, online identifiers or other information that you provide to us when using our websites or when relying on our services. Please take a moment to read this Privacy Policy carefully.

This Policy includes a description of your data protection rights, including a right to object to some of the processing activities we carry out.

Contacting us

If you have general questions about your account or how to contact Customer Service for assistance, for questions specifically about this Privacy Policy, our use of your personal information or if you wish to exercise your rights under this Privacy Policy do not hesitate to contact us.

HeadGain AB, reg.no 559234-9616

Bruksvägen 9, 730 60 Ramnäs, Sweden

E-mail: [email protected]

Phone: +46 8-420 18 800

Website: https://headgain.com, https://davidjpphillips.com, https://wowkursen.se, https://courses.davidjpphillips.com, https://www.presentermastery.com

Please note that if you contact us to assist you, for your safety and ours we may need to authenticate your identity before fulfilling your request.

Collection of Information

The purpose of the website is to provide users with online education in communication and self leadership and create an online community for users who want to publish and/or assess content in forums connected to HeadGain.

Your personal data is usually collected from you or from the company or organisation that you represent, e.g. by email, our social media or other channels of communication or in connection with events or meetings. We may also receive personal data about you from our partners. Furthermore, we may also use external information services to supplement existing data, e.g. with your position and contact information.

As part of our effort to provide you with the online content and create this online community, we receive and store information about you such as:

User Information

Content published on the forum of our website is accessible by all registered users. However, certain HeadGain features and services may require special registration. Upon signing-up, an account is created for the user (“Account”). Users who sign-up on-site are required to confirm their registration by clicking on an activation link which is sent to them via email. All active Accounts have the capability to use the forum.

Users are required to provide part or all of the following information below, depending on the features or services they wish to access:

First and last name

E–mail address

Company name, job title, focus, and level

Purchasing authority

Telephone number

Address

Once you complete activation, you will be able to create your profile (“Profile”).

Payment Information

To protect you against fraud, unauthorized transactions (such as money laundering), claims and other liabilities, we only collect an identification number and order details which enable us to match each user to the payments he or she makes. We do not collect credit card information.

We allow our third–party payment vendor to collect information for the purpose of collecting fees from users on the website. We do not have access to the payment information that you provide to our third–party payment vendor and this information is subject to the privacy policy of the third party payment vendor. For more information regarding what payment information our third–party payment vendor collects and how it uses this information, please see their privacy policy.

Recruitment

We collect and store the following information about you that we need to be able to recruit the right persons for positions with us: personal information and contact information, such as name, address, telephone number, email address, title, position and employer, information in cover letter and CV, where applicable, your picture and other information that you provide in connection with recruitment.

Your personal data may be provided directly from you or from the staffing agency, recruitment company or hiring company through which you apply for work.

Other Information

We use cookie-like techniques in order to provide certain functions on the website HeadGain.com and to improve the website and to deliver a better and more personal service. The information is stored in the form of a file comprising encrypted login data. We use cookies in accordance with our Cookie Policy.

If you send us personal correspondence, such as e–mails or letters, or if other users or third parties send us correspondence about your activities or postings on our website, we may store such information on our servers.

Use of Information

The purposes for which we intend to process your personal data and the legal basis for the respective processing activities are stated in the tables below.

Customers, suppliers and partners (including company representatives)

Purpose

Legal basis

To be able to keep in touch with the customer, supplier or partner or a representative of the customer, supplier or partner.

If the customer, supplier or partner is a natural person:

The processing is necessary for the performance of the agreement with the customer, supplier or partner.

If the customer, supplier or partner is a legal entity:

The processing is necessary for our legitimate interest to keep in touch with you in order to fulfil our obligations under the agreement with ourcustomer, supplier or partner, i.e. the company that you represent (legitimate interest).

To fulfil legal requirements, e.g. security requirements and accounting requirements.

The processing is necessary for compliance with our legal obligations.

To enable marketing and communication about our brand and products/services (e.g. mailing of newsletters and other marketing materials, invitations to events, meetings and other gatherings etc.).

The processing is necessary for our legitimate interest to market our brand, products/services and other similar products/services to you as a customer or to the company that you represent (legitimate interest).

To carry out surveys regarding our products/services.

The processing is necessary for our legitimate interest to evaluate, develop and improve our brand, products/services and marketing (legitimate interest).

To ensure and receive payment and analyse purchase history in order to offer customers the right products/services and marketing.

If the customer is a natural person:

The processing is necessary for the performance of the agreement with the customer.

If the customer is a legal entity:

The processing is necessary for our legitimate interest to keep in touch with you in order to fulfil our obligations under the agreement with our customer, i.e. the company that you represent (legitimate interest).

The processing is necessary for our legitimate interest to offer ourcustomers relevant marketing with regard to the customers previous purchases (legitimate interest).

To be able to respond to and compensate customers in connection with complaints and warranty matters.

If the customer is a natural person:

The processing is necessary for the performance of the agreement with the customer.

If the customer is a legal entity:

Potential customers, suppliers or partners

Purpose

Legal basis

To enable marketing and communication about our brand and products/services (e.g. mailing of newsletters and other marketing materials, invitations to events, meetings and other gatherings etc.).

The processing is necessary for our legitimate interest to market ourbrand, products/services and other similar products/services to you or to the company that you represent (legitimate interest).

Visitors of the website

Purpose

Legal basis

To ensure the operation of our website and platform.

To be able to develop our website and platform to better adapt them based on how it is used.

The processing is necessary for our legitimate interest to improve, streamline, simplify and develop ourwebsite and platform and to attract more customers/partners and to increase the number of recurring customers/partners (legitimate interest).

Recruitment (job applicants)

Purpose

Legal basis

To, in connection with recruitment, be able to decide who is best suited for a position with us and to ensure that the relevant person has the necessary skills.

The processing is necessary for our legitimate interest to recruit the right employees and ensure that skilled people work for us(legitimate interest).

HOW LONG DO we STORE YOUR PERSONAL DATA?

Your personal data is stored as long as there is a need to preserve them in order to fulfil the purposes for which the data was collected in accordance with this Privacy Policy. Thereafter, your personal data will be deleted.

Some personal data will, for the purpose of complying with applicable accounting legislation, be stored for seven years, counting from the end of the calendar year during which the financial year, to which the information pertained, was terminated.

Contact information regarding company representatives is stored during such time we consider that the information is necessary to maintain the relationship with the company/organisation. Deletion shall take place when we become aware that the information is no longer adequate or relevant for the purpose, or at the request of the contact person.

For more information about how long we store specific personal data, please contact us as [email protected].

WITH WHOM do we SHARE YOUR PERSONAL DATA?

We do not disclose personal data to third parties, except when necessary to fulfil a legal obligation or to fulfil our obligations to you, customers and/or partners. Your personal data will not be sold to third parties for marketing purposes. Situations when your personal data may be disclosed to third parties are listed in the table below.

Third party

Reason for third-party disclosure

Suppliers of cloud solutions

Personal data may be transferred to suppliers of cloud solutions since we store certain information in cloud solutions.

Suppliers and partners

We may disclose your personal data to suppliers and/or partners, if the suppliers and/or partners need your personal data to fulfil their undertakings toward us.

Companies that provide financing solutions to the customers

We communicate information about the customer to financing companies with which we cooperate and which in turn enter into agreements with and communicate directly with the customer.

Authorities

Personal data may be disclosed to authorities when necessary for compliance with our legal obligations.

TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES

We may transfer your personal data to countries outside the EU/EEA. If personal data is transferred to a country outside the EU/EEA, we will take measures to ensure that the personal data continues to be protected and will also take the necessary measures to ensure a legal transfer of the personal data to countries outside the EU/EEA.

We use the services of IT suppliers, whereby your personal data may be transferred to the United States. We have ensured that your rights are guaranteed when transferring personal data to the United States by signing the European Commission’s standard contractual clauses with the relevant IT suppliers. More information regarding the European Commission’s standard contractual clauses is available at the Swedish Authority for Privacy Protection’s website.

Protection of Information

You should always be able to feel safe when you provide us with your personal data. We use reasonable administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorised access, use and modification. These measures are designed to provide a level of security appropriate to the risks of processing your personal information. Indicatively:

All our employees, independent contractors and agents have executed non-disclosure agreements, which provide explicit confidentiality protections. Any employee, independent contractor or agent who violates such privacy and/or security policies is subject to possible termination and civil and/or criminal prosecution.

We do not make any of your Information available to third parties for their marketing purposes. HeadGain software runs on individual servers and no data given or collected is shared with other social media platforms.

We use robust security measures to protect data from unauthorized access, maintain data accuracy, and help ensure the appropriate use of data. When the Services are accessed using the internet, Secure Socket Layer (SSL) technology protects your Information, using both server authentication and data encryption. These technologies help ensure that your Information is safe, secure, and only available to you and to whom you have granted access.

We do not tolerate Spam. To report HeadGain–related spam, please contact us at [email protected]. You may not use our communication tools to send spam or otherwise send content that would violate our TOS. We may check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content of the website, but we will not permanently store messages sent through these tools.

HeadGain does its utmost to secure communications and data storage in order to protect confidentiality of your Information against loss and interception by third parties. However, it is important to know that there is no zero-risk against loss or interception by others of your Information. You are responsible for maintaining the security and confidentiality of your Account’s username and password.

Your rights

As the controller, we are responsible for ensuring that your personal data is processed in accordance with applicable legislation.

We will, at your request or on our own initiative, rectify, erase or complete any information found to be inaccurate, incomplete or misleading.

You have the right to request access to and rectification or erasure of your personal data (e.g., if such erasure is required by applicable law), request restriction of the processing of your personal data and object to the processing, as permitted by applicable personal data legislation (e.g. if you contest the accuracy of the personal data or if the processing is unlawful but you oppose the erasure of the personal data and request restriction of its use instead). We will notify each recipient to whom the personal data has been disclosed in accordance with section 6 above regarding any rectifications or erasures of personal data as well as of restriction of processing of data according to this section 9.

Under certain conditions, you have the right to data portability, i.e., a right to receive your personal data in a structured, commonly used and machine-readable format and the right to transmit those data to another controller.

If you do not want us to process your personal data for direct marketing purposes, you have the right to object to such processing at any time. When we have received your objection, we will cease the processing of your personal data for such marketing purposes.

You have the right, through a written and signed application, to obtain free of charge a register extract from us regarding which personal data are stored about you, the purposes of the processing and to which recipients the data has been or shall be transferred. You also have the right to obtain information about the envisaged period for which the personal data will be stored or the criteria used to determine this period. You also have the right to receive information about your other rights as specified in this section 9.

You have the right to lodge complaints concerning our processing of the personal data concerning you to the Supervisory Authority where you live or where you believe a breach may have occurred. We encourage you to come to us in the first instance but, to the extent that this right applies to you, you are entitled to complain directly to the relevant Supervisory Authority.

The Swedish Authority for Privacy Protection, Box 8114, SE-104 20 Stockholm.

Please, log into your account on our website (if you have one) or contact us at [email protected] or through any of the other contact channels presented above.

Wherever we rely on your consent, you will be able to withdraw that consent at any time you choose and at your own initiative by logging into your account on our website (if you have one) or by contacting us at [email protected]. The withdrawal of your consent will not affect the lawfulness of the collection and processing of your data based on your consent up until the moment where you withdraw your consent.

If you do not share your personal data

If you do not share your personal data with us, we will not be able to fulfil its legal or contractual obligations towards you.

Other websites

HeadGain website may contain links to sites operated by third parties whose policies regarding the handling of information may differ from ours. These websites and platforms have separate and independent privacy or data policies, privacy statements, notices and terms of use, which we recommend you read carefully. In addition, you may encounter third party applications that interact with HeadGain.com services.

Children

We do not knowingly collect or solicit Personal Data from anyone under the age of 18.

In the event we learn that we have collected Personal Data from a child under the age of 18 without verification of parental consent, steps will be taken promptly to remove that information. If you believe that we have or may have information from or about a child under 18 years of age, please contact us at [email protected].

Changes to this Privacy Policy

We reserve the right to modify and update this Privacy Policy from time to time. We will bring these changes to your attention should they be indicative of a fundamental change to the processing or be relevant to the nature of the processing or be relevant to you and impact your data protection rights.