GroundSwell Diagnostic Privacy Policy

Effective Date of Current Policy: February 20, 2012

Overview

GroundSwell Organizational Diagnostics LLC is committed to keeping our customers informed about how we use the information we gather from you through the use of our website located at, or linked to, the URL www.groundswelldiagnostic.com (”Site”).

Please read this privacy policy (”Policy”) carefully to understand how we will use and protect your personal information. We will not share your personal information with anyone except as described in this Policy. Changes to this policy will be announced on our Site at least ten (10) days in advance, so please check back periodically. By using the Site or obtaining any service through it, you agree to the collection and use of the information as set forth in this Policy. If you do not agree to this Policy, please do not use this Site. This Policy is incorporated into, and considered part of, our Terms and Conditions available at www.groundswelldiagnostics.com/termsandconditions.aspx. Capitalized terms not defined herein are defined in Terms and Conditions. Questions regarding this Policy should be directed to customerservice@groundswelldiagnostics.com or we may also be contacted directly at the following address:

Attn: Office of the General Counsel

GroundSwell Organizational Diagnostics LLC

1776 Park Avenue #4-175

Park City, UT 84060

This Policy will explain the following regarding use of our Site:


  • What information does GroundSwell Diagnostics LLC collect from you or about you?
  • Where do we collect information from you and how do we use it?
  • Who is collecting your information?
  • If you buy surveys:
    With whom do we share your information?
  • If you take surveys:
    With whom do we share your information?
    Are your responses anonymous?
  • How may you update, correct or delete your personally identifiable information?
  • What are your choices regarding marketing correspondence?
  • What security precautions are in place to protect against the loss, misuse or alteration of your information under our controls?
  • How are cookies and clear GIFs used on our Site?
  • How do we treat information related to children and privacy?
  • How does this Policy apply to third-party or co-branded websites accessible from our Site?
  • How can you contact us about privacy questions or concerns?
  • How are changes to this Policy handled?
  • What information does GroundSwell Diagnostics LLC collect from you or about you?
    In order to better provide you with numerous services, our Site collects two types of information about its visitors: Personally Identifiable Information and Non Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Site.
    Personally Identifiable Information: 'Personally Identifiable Information' refers to information that lets us know the specifics of who you are and can be used to identify, contact or locate you. Personally Identifiable Information is requested when you register with us, order our service, correspond with us, or otherwise volunteer information. Personally Identifiable Information might include your name, mailing address, telephone number, mobile phone number, email address, and other identification and contact information. We may also collect certain financial information, like your credit card number; whenever we do so, we will attempt to provide a link to this Policy so that you can confirm how this information will be used. With this information, we can fill your service orders and better provide you with personalized services.
    Non Personally Identifiable Information: 'Non Personally Identifiable Information' refers to information that does not identify a specific individual by itself or in combination with other information. We may gather certain information about you such as age, gender, employer, as well as consumer purchasing information based upon using our Site. This information may include the website's Uniform Resource Locator ('URL') that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ('IP') address. A URL is the global address of documents and other resources on the Internet. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ('TCP/IP') network, such as the Internet. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet, allowing Internet servers to located and identify your computer. Computers require IP address in order for users to communicate on the Internet, browse and shop.
  • Where do we collect information from you and how do we use it?
    Our primary goal in collecting information is to provide our visitors with a superior customized online experience. Among other things, we use customer contact information to fill orders, contact prior purchasers to inform them of their order status, to trace false orders, and to send service emails, newsletters, and promotional emails from us or third parties. We may perform statistical analyses of aggregate or segmented customer behavior. This allows us to measure relative customer interest in the various areas of our Site for product development purposes and to improve the design of our Site. We may also use information to notify consumers about updates to our Site, to complete user initiated transactions, to trace false orders and to contact consumers directly, or through our third-party service partners, for marketing purposes. In addition, we may seek to update your personal information in our records through third party services that provide updated names, emails, addresses, phone numbers, and other information. We may then use this acquired information to enhance our services or marketing efforts to you.
    Browsing: We collect IP addresses for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our Site. We collection information from visitors to our Site regarding the referring URL, your IP address, which browser you used to come to our Site, the country, state and telephone area code where your server is located, and the pages of our Site that you viewed during your visit.
    Ordering: When you order from us, we collect Personally Identifiable Information from you. If you order services, we will collect and maintain your name, email address, mailing address, employer, telephone or mobile phone number, service selections, credit card number, referring URL, IP address and a password. We will also collect your survey recipients' name and email address. We collect this, and other information, as disclosed in this Policy, in order to fill your order, to communicate with you or your survey recipients (as appropriate) about your order ('Operational Emails'), to send you newsletters and promotional emails (as described below), and trace false orders. Before confirming your order, you will have the opportunity to review the order form and make changes and additions to the information it contains and these changes will be automatically kept for future use. If you cancel an order or do not complete an order we may collect and use any email address or other information that you have entered as we would collect and use it if you had completed an order. Please note that our Operational Emails about your order may contain some additional marketing offers from us or our trusted third party partners. Should you not wish to receive such Operational Emails from us, please do not order services from us or our Site. If you have supplied us with your telephone number(s) you may receive telephone calls from us with information or requests for information regarding an order you have placed.
    Newsletters & Promotional Emails: We may offer free electronic newsletters and promotional emails for services offered on our Site, or from our third party partners, as a service to our prior customers from our Site. We may send you newsletters and emails periodically listing current specials and deals from us or through our third party service partners. There may be opportunities to subscribe to an email list that will send you information about the events on our Site, but we will only add you to the list with your consent. You may opt out of receiving any such newsletters and promotional emails as described below.
    Cookies/Clear GIFs: In conjunction with our third-party service partners, we make limited use of cookies and clear GIFs to gather information when you visit our Site, make a purchase and when you click through our Site from a targeted email, newsletter or partner site. We may also use cookies and clear GIFs to gather and compile such information about you when you return to our Site so that we may better customize our services to you. To find out what cookies and clear GIFs are and how they can be used, please refer to Section 9.0 of this Policy below.
    Other Information You Provide: If you contact us by telephone, email or letter, we may keep a record of your contact information, correspondence or comments. If you report a problem with our Site, we may collect such information in a file specific to you. If you provide us feedback through our Site, by email or by calling our customer service representatives, we may ask for your name and email address in order to send you a reply. If other users or third parties send us correspondence about your activities or purchases on our Site, or if you are the recipient of a customer, we may keep the information in a file specific to you.
    Non Personally Identifiable Information: We use Non Personally Identifiable Information to analyze request usage patterns, and other customer behavior so that we may enhance our Site, services, and for our marketing purposes. For example, this allows us to measure relative customer interest in the various areas of each of our Site for product development purposes and to improve the design of our Site. We also may use your IP address to diagnose problems with our servers and software and to administer our Site. We reserve the right to use and disclose Non Personally Identifiable Information to any third-party in our discretion. For example, we may share aggregated or segmented statistics about pages viewed on our Site and sales and other shopping information with third parties.
  • Who is collecting your information?
    Except as otherwise expressly discussed in this Policy, we are the only entity collecting your information. This Policy only addresses the use and disclosure of information we collect from you. We encourage you to ask questions and to be very cautious before you disclose your Personally Identifiable Information to others.
    Third-Party Advertising Service Partners: We may utilize third-party advertising service partners that may collect information about you on our behalf through the use of cookies or clear GIFs when you click on its advertisements, open promotional emails or newsletters, or visit our Site via a link on another website or in a promotional email or newsletter. Any Personally Identifiable Information that may be gathered in this manner is solely for our use; however, the third-party advertising service partner may use this information in a non-personally identifiable form for its own purposes.
    Third-Party Survey Providers: From time to time, we may utilize the services of third-party survey providers that may collect Personally Identifiable Information from you for certain services, including voluntary surveys that are conducted on our behalf. This may include information regarding you, as well as third parties about whom you provide information. If you chose to participate in these surveys, or use these services, this Personally Identifiable Information may be stored on the servers of the third-party survey providers used by us, but this Personally Identifiable Information will remain the sole property of us and will be handled in accordance with this Policy.
    Third-Party Traffic Tracking Providers: In addition, we may employ one or more third-party service partners that track the traffic on our Site. However, the only information that may be gathered by such third parties is Non Personally Identifiable Information, with the exception of email addresses.
  • If you buy surveys:
    With whom do we share your information?

    Except as otherwise stated in this Policy, we do not sell, trade or rent your Personally Identifiable Information collected on our Site to others. You expressly consent to the sharing of your Personally Identifiable Information with third-parties as described below.
    Third-Party Service Providers: We may share your Personally Identifiable Information with our third-party service providers for tracking purposes, to charge your credit card, complete your order, improve the functionality of our Site, customize our marketing efforts with you and perform statistical and data analyses, and deliver promotional emails to you from us, or to provide us other services we request. These third parties may not use your Personally Identifiable Information other than to provide the services requested by us.
    For example, we must release your credit card number to confirm payment. We also share website usage information we gather from visitors to our Site who have received a targeted promotional campaign with our third-party advertising service partner for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our third-party service partners note some of the pages you visit on our Site through the use of clear GIFs.
    Direct Marketing Companies: From time to time we may disclose certain information (names, postal addresses and non-sensitive transactional information such as your purchase history, amounts paid and services ordered) to direct marketing companies for trade or rental purposes. You may opt out of this disclosure as described below.
    GroundSwell and Management Systems Companies: From time to time we may disclose certain information (names, email addresses, company information and survey responses) to affiliated GroundSwell and Management Systems companies to improve our survey and other offerings in addition to providing additional services that may benefit you.
    Your California Privacy Rights. In certain circumstances under California law, consumer customers of GroundSwell are entitled to certain information regarding any personally identifiable information (as defined by certain California laws) we may share with direct marketing companies. Personally identifiable information generally is defined under California law as information that identifies specifics about an individual and can be used to identify, contact, or locate an individual including that individual's name, mailing address, telephone number, mobile phone number, email address and other identification and contact information. If you are an eligible customer of GroundSwell and would like to receive a list detailing the types of personally identifiable information we share with direct marketing companies and the names and addresses of all direct marketing companies that we provide personally identifiable information to, please email us at customerservice@groundswelldiagnostics.com. We will respond to any request for information at such email address within thirty (30) days.
    Non Personally Identifiable Information: We may provide Non Personally Identifiable Information, including aggregated or segmented statistics about our customers, sales, traffic patterns, and related Site information, to third parties.
    Third-Party Partner Companies: If you provide our third-party partner companies with consent for GroundSwell Diagnostics to provide your Personally Identifiable Information to such company, then we will provide such information to them. You acknowledge and agree that we may rely on the third-party company's representation that it has received such consent.
    Enforcement of Law and Other Disclosures: We may disclose Personally Identifiable Information if we believe in good faith that such disclosure is necessary to comply with relevant laws or to respond to subpoenas or warrants served on us or to protect or defend the rights, property, or safety of our users, other and ourselves. For example, we may release account information when we believe that such release is reasonably necessary to enforce or apply our Terms and Conditions or to protect or defend the rights, property and safety of our users, others and ourselves. We may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
    Merger and Acquisitions: In the event of a merger, consolidation, or sale or transfer of all or substantially all of the assets or business of any one or more of the GroundSwell Diagnostics company or Site, the assets that would generally be transferred is the information we collect from our visitors and customers (including both financial records and consumer information). However, the use of this information by any successor entity would still be governed by the terms of this Policy, as amended from time to time, including any amendment after such transaction.
  • If you take surveys:
    With whom do we share your information?

    Except as otherwise stated in this Policy, we do not sell, trade or rent your Personally Identifiable Information collected on our Site to others. You expressly consent to the sharing of your Personally Identifiable Information with third-parties as described below.
    Third-Party Service Providers: We may share your Personally Identifiable Information with our third-party service providers for tracking purposes, improve the functionality of our Site and perform statistical and data analyses, or to provide us other services we request. These third parties may not use your Personally Identifiable Information other than to provide the services requested by us.
    For example, we share website usage information we gather from visitors to our Site who have received a targeted promotional campaign with our third-party advertising service partner for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our third-party service partners note some of the pages you visit on our Site through the use of clear GIFs.
    GroundSwell and Management Systems Companies: From time to time we may disclose certain information (names, email addresses and survey responses) to affiliated GroundSwell and Management Systems companies to improve our survey other offerings.
    Non Personally Identifiable Information: We may provide Non Personally Identifiable Information, including aggregated or segmented statistics about our customers, sales, traffic patterns, and related Site information, to third parties.
    Third-Party Partner Companies: If you provide our third-party partner companies with consent for GroundSwell Diagnostics to provide your Personally Identifiable Information to such company, then we will provide such information to them. You acknowledge and agree that we may rely on the third-party company's representation that it has received such consent.
    Enforcement of Law and Other Disclosures: We may disclose Personally Identifiable Information if we believe in good faith that such disclosure is necessary to comply with relevant laws or to respond to subpoenas or warrants served on us or to protect or defend the rights, property, or safety of our users, other and ourselves. For example, we may release account information when we believe that such release is reasonably necessary to enforce or apply our Terms and Conditions or to protect or defend the rights, property and safety of our users, others and ourselves. We may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
    Merger and Acquisitions: In the event of a merger, consolidation, or sale or transfer of all or substantially all of the assets or business of any one or more of the GroundSwell Diagnostics company or Site, the assets that would generally be transferred is the information we collect from our visitors and customers (including both financial records and consumer information). However, the use of this information by any successor entity would still be governed by the terms of this Policy, as amended from time to time, including any amendment after such transaction.
    Are your responses anonymous?
    Individual responses are anonymous and only aggregated results are shared with individuals other than the survey respondent.
  • How may you update, correct or delete your personally identifiable information?
    Information About You: During the online ordering process you can review, change or delete the information that you have submitted. You may change your personal information in your account(s) online at any time. You may ask us in writing via mail or email at customerservice@groundswelldiagnostics.com to have the information on your account deleted, updated or corrected; however, because we keep track of past purchases, you cannot delete information associated with past purchases. We may also be required by law or otherwise to keep certain information and therefore will not delete it or will delete it only after we have fulfilled the applicable requirements. Note that we may retain changed or deleted information for archival or other purposes.
    Information About Others: As described above, if you are inviting others to take a survey, we may ask you to provide certain information about you and your survey recipients. You, or the survey recipient, may contact us at customerservice@groundswelldiagnostics.com to request the removal of such information from our database.
  • What are your choices regarding marketing correspondence?
    Our Newsletters and Promotional Emails: You will have the choice to opt out of receiving newsletters and promotional emails for services offered on our Site. Once we have processed your request, we will not send you promotional emails with respect to services offered by us which you had opted out unless you opt back in to receiving such communications.
    You can opt out of receiving newsletters, promotions, non-transactional related emails or phone calls from us either (a) by following the unsubscribe instructions in the applicable email you receive from us (if applicable), (b) while you are completing our online web form (if applicable), (c) by sending an email to us at customerservice@groundswelldiagnostics.com.
    Our Operational Emails: Despite your choices regarding promotional emails, we may continue to send you Operational Emails. Please note that our Operational Emails about your order may contain some additional marketing offers from us or our trusted third-party partners, but the primary purpose of such Operational Emails is to inform you about your order. Should you not wish to receive such Operational Emails from us, please do not order services from us or our Site.
    If we send you a communication requesting your consent or permission (a 'consent') in connection with this Policy or our Terms and Conditions (including a consent to modifications thereto), such consent is deemed to be given unless (a) you contact us to withhold such consent within the time stated in the communication ('opt out') or (b) applicable law expressly prohibits an opt out with respect to such request for consent.
  • What security precautions are in place to protect against the loss, misuse or alteration of your information under our control?
    We employ reasonable security measures to protect the security of the information you submit to us. We utilize third-party providers utilizing industry best practices to manager our servers. Our providers must use various security measures to protect the information we collect, as appropriate to the type of information, including encryption, firewalls, and access controls. We store information you provide to us on a computer system located in a controlled facility with a limited access.
    In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking institutions, process agents and distribution institutions. They receive the information they need to verify and authorize your credit card transactions and to fulfill your order. We do not store credit card information on our Site. When you access your account information, the information is kept on a secure server. Furthermore, all of the customer data we collect is protected against unauthorized access by physical security means.
  • How are cookies and clear GIFs used on our Site?
    Cookies: Like many other commercial sites, our Site utilize standard technologies called 'cookies' and clear GIFs to collect information about how each of our Site is used. A cookie is a small data text file, which a website stores on your computer's hard drive (if your web browser permits) that can later be retrieved to identify you to us. Cookies were designed to help a website recognize a user's browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie cannot be read by a website other than the one that set the cookie. Cookies can securely store a customer's password, personalize home pages, identify which parts of a site have been visited or keep track of selections. For instance, cookies allow us to prepopulate (or fill in) an email field with your email address if you revisit our Site and place an order. A cookie cannot retrieve any other data from your hard drive, pass on a computer virus, or capture your email address.
    We send a cookie to your hard drive when you make an order to record the purchase and any referral codes. No Personally Identifiable Information is recorded. When you click through to our Site from a promotional email, our third-party advertising service partner may send a cookie to your hard drive recording your IP address and other related information.
    Clear GIFs: At times, we work with third-party service partners that employ clear GIFs (also known as pixel tags, single pixel GIFs, web beacons or action tags) for our benefit or the benefit of a third-party to help us or such third-party measure advertising effectiveness. Clear GIFs help us better manage content on our Site by informing us of what content is effective. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of our users. The main difference between the two is that clear GIFs are invisible on the page and are much smaller, about the size of the period at the end of this sentence.
    These third-party service partners use clear GIFs: (i) in HTML based emails to let us know which emails have been opened by Partners; (ii) to record when products have been ordered from our Site; and (iii) to track the visitor traffic on our Site. These clear GIFs allow us to measure the usage of each of our Site by our visitors and the effectiveness of certain communications and marketing campaigns. We may also use clear GIFs in a similar manner in our own emails and on our Site.
    Clear GIFs can 'work with' existing cookies on a computer if they are both from the same website or advertising company. That means, for example, that if a person visited 'www.companyX.com', which uses an advertising company's clear GIF, the website would match the clear GIFs identifier and the advertising company's cookie ID number, to show the past online behavior for that computer. This collected information can be shared with the advertising company. We do, at times, provide such information to our third-party advertising service partners, but that information can only be used by our partner for our benefit.
  • How do we treat information related to children and privacy?
    The Children's Online Privacy Protection Act took effect on April 21, 2000, and imposes certain requirements on website directed toward children under 13 that collect information on those children, or on website that know they are collecting Personally Identifiable Information from children under the age of 13. We want to let you know that it currently is our policy not to collect Personally Identifiable Information from any person under 13 because children are not permitted to use the Site or services on the Site, and we request that children under 13 not submit any personal information to us via the Site. As one measure to ensure that we do not gather Personally Identifiable Information from children, we require that all individuals provide a valid credit card number before completing a purchase order. If we learn that we have inadvertently gathered Personally Identifiable Information from children under 13, we shall erase such information from our records and terminate the applicable account.
  • How does this Policy apply to third-party or co-branded websites accessible from our Site?
    Other sites accessible through our Site have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties. Please be aware that our Site may contain links to other sites on the Internet that are owned and operated by third parties. The information practices of those website linked to our Site are not covered by this Policy. These other sites may send their own cookies or clear GIFs to users, collect data or solicit Personally Identifiable Information. Additionally, other companies which place advertising on our Site may collect information about you when you view or click on their advertising through the use of cookies or clear GIFs. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.
    We also may have co-branded website or private labeled website that are maintained by us in connection with one or more of our third-party business partners but which sites do not contain this Policy or a link to this Policy. When you submit information to these websites, the website may share your information with GroundSwell Diagnostics and our third-party business partners or just with our third-party business partner. Note that these websites may contain, or link to, privacy policies that contain terms and conditions different than those contained in this Policy. Again, this Policy only pertains to the information GroundSwell Diagnostics collects from the Site and we are not responsible for the privacy policies or practices of our business partners. We encourage you to read the privacy policies of those co-branded and private labeled Site so that you will always know what information we gather and what information is gathered by our third-party business partner, how each of us might use that information, to whom each of us will disclose it and what choices you have.
  • How can you contact us about privacy questions or concerns?
    If you have any questions about this Policy, the practices of our Site, or your dealings with our Site, please contact us by sending a letter to:

    Attn: Office of the General Counsel
    GroundSwell Organizational Diagnostics LLC
    1776 Park Avenue #4-175
    Park City, UT 84060

    Or by sending an email to customerservice@groundswelldiagnostics.com.
  • How are changes to this Policy handled?
    This Policy was last changed on February 20, 2012. If we make changes to any terms or conditions of the Policy, the changes will be posted on this portion of the Site so that you will always know what information we gather, how we might use that information, to whom we will disclose it and what choices you have. Any change, modification, addition or removal of portions of this Policy will be announced on our Site at least ten (10) days before it is implemented. Please be sure to check this page before proceeding to use our Site.