privacy policy
Last Updated: September 14th, 2024
Elixr Social, Inc. (“Elixr,” “we,” “our,”, and “us”) is committed to protecting the privacy of individuals who engage and interact with our App and our website, www.elixr.love (collectively, the “App”), or our newsletters, videos and coaching sessions (collectively, the “Services”). We provide this privacy policy (“Privacy Policy”) to describe and explain our information collection practices. This Privacy Policy applies to personal data that identifies, relates to, describes, is reasonably capable of being associated with a particular consumer or household, or as defined by applicable privacy laws (“Personal Data”) collected when you interact with the Services (or any affiliated third-party website that may contain a link to this Privacy Policy).
This Privacy Policy is part of Elixr’s Terms of Use located here (our “Terms”). Capitalized words used in this Privacy Policy but not defined have the meanings set out in the Terms of Use.
By accessing or using the Services, you agree to the terms of this Privacy Policy and consent to our privacy practices described in this Privacy Policy, including our use and disclosure of your Personal Data as described below. If you do not agree with our policies and practices, including our use and disclosure of your Personal Data, please do not register for or use the Services and do not provide us with any Personal Data.
COLLECTION OF PERSONAL DATA
During your use of the Services, we collect Personal Data, in various ways, including directly from you when you provide it to us and automatically when you use the Elixr App.
a. Information Provided by You
We or our third party service providers may collect Personal Data and other information from you when you use the Services, such as when you subscribe to our Services, book or attend a coaching session, provide profile attributes or contact us for customer support. We may collect the following types of Personal Data based on your interactions with the Services :
- General Information: including name, date of birth, address, email address, mobile phone number, photographs, gender, pronouns, sexual orientation, relationship status, dating preferences;
- Customer Support Information: including name, address, and email address; and
- Subscription: including name, date of birth, address, payment information, email address.
b. Information Automatically Collected
Like many other app providers, Elixr and its service providers may collect and store information that is generated automatically as you navigate through the Elixr App or engage with the Services. This information is primarily needed to maintain the security and operation of the Elixr App, and for our internal analytics so that we can improve the Elixr App; however, we may also use this information for marketing purposes. We may use the following technologies to collect certain types of information:
- Unique User Identification: we use automatically generated UIDs to identify/authenticate a user and associate their profile attributes and app data to them;
- Device Information: We collect phone model, phone operating system, IP address, search terms, and how you interact with the Elixr App;
- Customer Proprietary Network Information: We collect information such as the time, date, and duration of Elixr App use;
- Chat Logs through Chatbase: We will use this data to review performance of coaches, train machine learning models (including, e.g., the machine learning models powering Bliss), and otherwise evaluate and improve the Services and all content, information, features, products, and services made available through the Services. You do not have the option to opt-out of this collection, however chats are not associated to a user ID, so there is no way to link it back to you; and
- Chat/Webinar Recordings, including through Zoom, Google Meet and Otter.ai: We partner with certain third party video-conferencing services for all coaching sessions. We use the transcripts and recordings of the coaching sessions, whether our own recordings or those auto-generated by our third-party service providers, to review performance of coaches, train machine learning models (including, e.g., the machine learning models powering Bliss), and otherwise evaluate and improve the Services, and all content, information, features, products, and services made available through the Services. Elixr will use commercially reasonable efforts to ensure that Personal Data you provide in any video-conference or webinar coaching session as described by this paragraph is anonymized prior to being used to train machine learning models. However, by using the services, you acknowledge and agree that anonymization of Personal Data is not perfect; there is still a risk that Personal Data you provide may be utilized in the training of machine learning models.
c. AI Training/Prompts and Outputs
If you include Personal Data in your Prompts, that information will be collected and may be reproduced in the Outputs. Unlike Personal Data provided as part of video-conference or webinar coaching sessions, as described above, Elixr does not have the capability to anonymize Personal Data provided to Bliss.
d. Merged Information
Like many other app providers, Elixr and its service providers may merge stored information that is collected as noted above. This merged information is primarily needed to maintain the security and operation of the Elixr App, and for our internal analytics so that we can improve the Elixr App. We may use the technologies identified above to merge the following types of information:
- Zoom chats: Zoom collects your email address upon registration for coaching sessions so email addresses will be used to associate the registration with your account; further the Zoom transcripts are associated to the User account by the email identifier;
- Analytics/User journey data: we use this data for directing email communications specific to our Services and segment users during reporting; and
- Authentication of returning users: we may use your email address to access your user profile data.
PURPOSE OF COLLECTION
We may process your Personal Data for the following lawful business and commercial purposes, in accordance with the practices described in this Privacy Policy, and based upon the legal justification set forth in the parenthetical:
- Provide the Services. We may use your Personal Data to provide the Services and any other products or services you may request from us. [CONSENT; CONTRACT; LEGITIMATE INTEREST]
- Monitor the Elixr App. We collect your Personal Data for monitoring purposes to help us diagnose problems with our servers, administer and troubleshoot the Elixr App, calculate usage levels, analyze industry standards, and analyze transactions, trends, and statistics regarding the use of the Elixr App. [CONSENT; LEGITIMATE INTEREST]
- Respond to Inquiries and Fulfill Requests. We may use your Personal Data to respond to your inquiries and to fulfill your requests for information. [CONSENT]
- Communicate with You. We may use your Personal Data to send you marketing information about the Services, new products, services, events, and other items that may be of interest to you. We may also contact you on behalf of our third-party business partners about a particular offering of theirs that may be of interest to you. [CONSENT; LEGITIMATE INTEREST]
- Improve the Elixr App. We may use your Personal Data to make the Elixr App more stable and user-friendly, to analyze service issues, improve the design and content of the Elixr App, personalize your experience, analyze how the Elixr App is used, offer new products and services, and to develop new marketing programs relating to our products and services. [CONSENT; LEGITIMATE INTEREST]
- Customer Service. We may use your Personal Data when contacting you regarding customer service or in response when you provide feedback. We may also use your information to send administrative emails regarding the Services or to inform you of any changes to this Privacy Policy, our Terms, or our third-party partner’s terms. [CONSENT; LEGITIMATE INTEREST]
- Support Business Operations. We may use your Personal Data to support our internal and business operations, including marketing, security, and advertising. [CONSENT; LEGITIMATE INTEREST]
- Enforce Agreements. We may use your Personal Data to enforce separate agreements between you and us, enforce this Privacy Policy, our Terms, or our third-party partner’s Terms of Use, or in connection with a transaction with a similar effect. [CONSENT; CONTRACT]
- Fulfill Other Purposes. We may use your Personal Data to fulfill: (a) any other purpose for which you provide it; (b) any legal or regulatory requirements and any of our internal policies; (c) other purposes disclosed at the time of collection; (d) any other purpose with your consent; and (e) any other purposes set forth in this Privacy Policy. [CONSENT; LEGITIMATE INTEREST]
DISCLOSURE OF PERSONAL DATA
Except as otherwise described in this Privacy Policy, we will not sell, share, rent, or otherwise disclose Personal Data that we collect from the Services to any third party for monetary or other valuable consideration, unless stated below or with your consent:
- Business Partners. We may share your Personal Data with our business partners to provide you with a service you may have requested, such as a coaching session with one of our coaches. We may also share your Personal Data to business partners with whom we jointly offer any products or services.
- Service Providers & Contractors. To help us provide superior service, your Personal Data may be shared with our service providers, contractors, and other third parties we use to support our business and who will safeguard it in accordance with this Privacy Policy. Such third parties may help us with providing customer service, maintaining and analyzing data, and sending customer communications on our behalf.
- Marketing Partners. We may share your Personal Data with entities that perform marketing or data aggregation services on our behalf, or with which we or an affiliate has joint marketing arrangements.
- Advertising Partners. We may share your Personal Data with third party advertising partners, such as Facebook, LinkedIn, YouTube, Instagram, Microsoft, and Google Display Advertising and Remarketing services. These advertising partners may use first- and third-party cookies together to inform, optimize, and serve ads based on your past visits to the Elixr App. You can opt out of these services using the Ads Preferences Manager or you can use the Google Analytics opt-out browser add-on. These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks, commonly referred to as “interest-based advertising.”
- In the Event of Merger, Sale, Divestitures, or Change of Control. Elixr reserves the right to transfer Personal Data to a buyer or other successor in interest that acquires rights to that data as a result of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of Elixr or substantially all of its assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about you is among the assets transferred.
- With Your Consent. We may share your data for other purposes pursuant to your consent or at your direction.
- Other Disclosures. We may disclose your Personal Data if we have a good faith belief that disclosure of such data is helpful or reasonably necessary to: (a) conform to legal requirements and comply with any court order, law, or legal process, including responding to any government, law enforcement, or regulatory request; (b) enforce our Terms, other agreements, including between you and us, and any other documents included or referenced therein (all of which are incorporated into and made a part of this Privacy Policy by reference); (c) fulfill the purpose for which you provide it; (iv) detect, prevent, or otherwise address fraud or security issues; or (v) protect against harm to our, your, or third parties’ rights, property, or safety.
We may share and disclose de-identified and/or aggregate analytics with third-party partners for the purposes described in this Privacy Policy or where it is collected, or any other legal purpose, including, when and where applicable, sharing and disclosing non-personally identifiable data combined with Personal Data.
CHOICES
We strive to provide you with choices regarding how we use the Personal Data you provide to us. Please understand that if you choose not to disclose data to us, it may affect your ability to use some features of the Services. We have created mechanisms to provide you with the following control over your data:
a. Advertising
We use third-party advertisers, ad networks, and other advertising, marketing, and promotional companies, to serve advertisements about our products and services. These are generic advertisements and we do not gather data about your usage of the Elixr App to serve targeted advertisements.
b. Marketing
From time to time if you have supplied your email address, Elixr and its affiliates may send you marketing or informational emails. If you prefer not to receive any or all of our marketing and promotional communications, you may opt-out of these communications by following the opt-out prompts on these communications. You also may ask us not to send you other marketing or informational communications by contacting us as specified in the Contact Information section below, and we will honor your request. Please note that even after you are removed from our marketing lists, we may still send you non-promotional communications, such as responding to your support requests.
c. Do Not Track
Some browsers have a “Do Not Track” (DNT) feature that lets you tell websites and online services that you do not want to have your online activities tracked. Such browser features and industry standards are not uniform. Nonetheless, Elixr does monitor and attempt to respond to DNT browser requests. If a standard is adopted that we must follow in the future, then we will inform you about that practice in a revised version of this Privacy Policy.
THIRD PARTY LINKS AND WEBSITES
The Elixr App may contain links to third-party services, websites, mobile applications, and/or contain advertisements from third parties that are not affiliates with us – and which may link to other websites, services, or applications. While we endeavor to work with third parties that share our respect for user privacy, we are not responsible for the privacy policies or privacy practices of such third parties. Any data collected by third parties are not covered by this Privacy Policy. You are responsible for knowing when you are leaving the Elixr App to visit a third-party website, service, or application and for reading and understanding the terms of use and privacy policy statements for each such third party. This Privacy Policy only governs data collected through the Services.
a. Social Networks
We maintain a presence on social media and other external platforms, such as Facebook, Instagram, LinkedIn and X (Twitter). We may occasionally incorporate third party social networking features into the Services. This Privacy Policy applies to our use of information you submit to us there, but it does not apply to what those third-party platforms do with your information.
The Services may allow you to share information with us that you have already provided to a third-party social networking platform. For example, you may be able to create an account on the Services or log in to the Services using your Facebook account or other third-party credentials. If you do so, Personal Information or other data that you have provided to the third party may be made available to us by that third party subject to its own privacy policy, terms, and conditions. Privacy policies of social networks and other external platforms explain how those third parties use, protect, and share your information, including any information you share on those platforms from the Services, and we encourage you to read them. The information we receive from these platforms may depend on your privacy settings.
We may also include tools in the Services that allow you to share or publicly post content from the Services to your profile on a third-party social network. You may choose to share information about your activities on the Services with such third-party platforms and its users, including publishing your information about what content you may have viewed on the Services. If you visit the Services while logged into certain social media platforms, the social media platform may be able to identify your browser and associate the technical information provided by your web browser with other information that they have already collected about you, which may result in their ability to identify you. In addition, when you choose to share information about your activities on the Services with certain social media platforms, Elixr may send technical information about you to that platform as well as information about what content you are viewing.
CHILDREN
The Services are not directed to persons under 18. We do not knowingly collect Personal Data from children under 18. If you become aware that your child is accessing the Services and providing Personal Data without your consent, please contact us by using the information provided in the Contact Information section below. We will take steps to remove Personal Data from our servers and terminate the account should we determine that a child under 18 has accessed the Services.
CONFIDENTIALITY AND SECURITY
We take the security of your Personal Data seriously and have implemented appropriate technical and organizational measures to protect it from unauthorized access, disclosure, or destruction. While we implement these measures, please note that 100% security is not possible, and we cannot guarantee that the security measures we have in place to safeguard Personal Data will never be defeated or fail, or that those measures will always be sufficient or effective.
UNITED STATES AND INTERNATIONAL CONSUMER RIGHTS
a. California Civil Code Section 1798.83
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Elixr via email at [email protected].
b. Additional U.S. Laws.
Additionally, there are other state privacy laws such as the California Consumer Privacy Act, as amended from time to time; the Colorado Privacy Act (CPA); the Virginia Consumer Data Protection Act (VCDPA); the Connecticut Data Privacy Act; the Utah Consumer Privacy Act; and other state privacy laws as may be enacted upon their effective dates. Due to the current number of users of Elixr, we may not be subject to these privacy laws. However, customers of these states may reference the above sections of this Privacy Policy for transparency regarding the information we collect and our practices related to such information. Additionally, customers may request further information relating to access, deletion, correction, or limitation of our use of their Personal Information by contacting us as directed in the Contact Us section below.
INTERNATIONAL TRANSFER OF DATA
The Elixr App is hosted in the United States. If you do not reside in the United States and provide Personal Data to us, please note that your Personal Data will be transferred, processed, collected, used, accessed, and/or stored in the United States, a country and jurisdiction that may not have the same data protection laws or rights as the country in which you reside, and subject to U.S. laws. Please do not provide your Personal Data to us if you do not want this data to be transferred or processed outside of your country, or if the laws in your country restrict such transfers.
RETENTION
When may retain your Personal Data as required by law or for necessary business purposes. We are under no obligation to store such Personal Data indefinitely, and to the extent permitted by law, disclaim any liability arising out of, or related to the destruction of such Personal Data.
CONTACT INFORMATION
If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us using the information below:
Email: [email protected]