Privacy Policy

Effective Date January 1st, 2023

This Privacy Policy ("Privacy Policy") describes the information that ExperCeption LLC ("ExperCeption," "we," "us" or "our") collects, uses, shares, and stores, including personal information (i.e., information that personally identifies you, such as your name, email address or contact information, or other data that can be reasonably used to infer this information) specifically in connection with  the operation and use of ExperCeption’s websites, including experception.thinkific.com services and products (collectively, the "Services"). Please carefully review this Privacy Policy and our Terms of Service available at www.experception.com/legal/ (the "Terms of Service"). Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as terms defined in our Terms of Service. 

BY USING THE SERVICES, YOU AGREE TO ALLOW US TO COLLECT AND PROCESS INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. YOU CAN CHOOSE NOT TO PROVIDE CERTAIN INFORMATION. IF YOU CHOOSE NOT TO PROVIDE SUCH INFORMATION, HOWEVER, YOU MIGHT NOT BE ABLE TO USE OR TAKE ADVANTAGE OF MANY OF OUR SERVICES.

1.     Personal Information

(a)   "Personal Information" is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household.

2.     Information Collected and Stored.  

We receive and store any information you provide when you create an Account (as defined in the Terms of Service) and/or when you use the Services. Examples of information we collect are:

(a) Registration Information. When you create an Account, we will collect personal information, which may include your name and email., address, telephone number, email address, and healthcare provider affiliation. We collect this information to identify you, provide you access to certain Services, and communicate with you.

(b) User Content. Some of our Services may allow you to create, post or upload content, such as data, text, photographs, graphics, messages, or other materials that you create or provide to us ("User Content"), which may include information about yourself. Any information, including, but not limited to Personal Information, you include in a public transmission (such as a videoconference or via steaming) may be read, collected, and used by anyone.

(c) Device and Internet Information. When using the Services, we and our third-party service providers may use cookies and similar technologies (such as web beacons, tags, scripts and device identifiers) to collect your browsing history, search history, and the IP address, geolocation, and identification number of the device that you use to access the Services. We collect this information to enable and personalize your online experience. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited. 

(d) Customer Service. When you correspond with us about the Services, we collect information to: track and respond to your inquiry; investigate any breach of the Terms of Service, this Privacy Policy or applicable laws or regulations; and analyze and improve our Services.

3.      Use of the Information Collected.

(a)   In addition to the purposes for which we collect your Personal Information listed in Section 2 above, we may use your Personal Information for the following purposes:

i. To provide you with the Services, create and maintain your Account, enable purchases, process transactions, communicate with you, and provide other features and functionality to you.

ii. To personalize the Services, including to remember your preferences, provide personalized content and information, and track your use of the Services. 

iii.  To market to you, including to send you marketing messages and other Services-related communications, or to ask you to participate in surveys about your use or experience with the Services.

iv. To improve and further develop the Services, including to perform quality control activities, help us build new products, and improve the existing Services.

v. To provide customer support, including to answer your questions, resolve disputes, and/or investigate and troubleshoot problems or complaints.

vi. To enforce our rights and for other legal purposes, including to provide you with legally required notices, to enforce our Terms of Service, or to alert you to changes in our policies or agreements that may affect your use of the Services.

( )   Aggregate Information. We may also use information collected from you or the Services in a non-personally identifiable or aggregate form to help us improve the Services, make sales, marketing, and business decisions. This information is not Personal Information because it does not identify you or any particular individual or disclose your or any particular individual’s data. 

(c)   We may use third-party service providers to perform some of these functions. Those service providers are restricted from sharing your Personal Information for any other purpose.

4. European Requirements Related to Information Processing. 

If European data protection law applies to the collection, processing and use of your information, our legal basis for processing your Personal Information is as follows:

(a)   With Your Consent. Where you have consented to data processing, your consent provides the legal basis to process your Personal Information. You have the right to withdraw consent at any time. Please note that your withdrawal of consent to collect and process your Personal Information will not affect the lawfulness of processing your Personal Information based on your consent before you withdrew your consent. 

(b)   When Providing the Services. We will process your Personal Information to provide and support the services you have requested, including but not limited to services provided under our Terms of Service.

(c)   When Pursuing Legitimate Interests. We may process your Personal Information for ExperCeption’s legitimate interests and those of third parties provided that we apply appropriate safeguards to protect your privacy. For example, we may process your Personal Information for the purpose of:

i.     Offering and improving the Services;

ii.     Developing new products, services and features;

iii.     Understanding how people use the Services;

iv.     Performing research that improves the Services for our users;

v.     Sending you direct marketing and other communications from ExperCeption;

vi.     Detecting, preventing or otherwise addressing fraud, abuse, security or technical issues with the Services;

vii.     Maintaining and improving the integrity of our computing systems and protecting our users’ data security; and

viii.     Enforcing legal claims, including the investigation of potential violations of applicable Terms of Service.

(d)   When Complying with Legal Obligations. We will process and use your data when we have a legal obligation to do so, for example, if we are responding to a legal process.

5. Circumstances Where ExperCeption Shares Your Personal Information

(a)   Under no circumstance will we share your Personal Information for any commercial or marketing purpose unrelated to the Services without your prior permission. We will not rent or sell our customer lists that include your Personal Information without your prior permission. We may share your Personal Information (i) for the reasons we tell you when we collect it, or (ii) in the following ways:

 i.        With Your Consent. We may share Personal Information when we have your consent. 

ii.    For External Processing. We may engage contractors, service providers, and third-party technicians (collectively, the "Subcontractors") to assist us with some of the data processing, storage and use described in this Privacy Policy, including to help answer your questions. Our Subcontractors may include marketing, operations, payment processing, and technology vendors. These Subcontractors may also assist with monitoring our servers (including third-party servers used by ExperCeption) for technical problems. These Subcontractors (as well as ExperCeption’s employees) may be given access to certain Personal Information about you or your Account if necessary to provide those services.  In no event will these Subcontractors be allowed to use this data for purposes not permitted under this Privacy Policy or the Terms of Service.

ii.     As Part of Business Transitions. If ExperCeption participates in the sale or transfer of ExperCeption’s business and/or all or part of its assets, your Personal Information may be among the items sold or transferred. We will require that any purchaser treat our data in accordance with this Privacy Policy.

iv.     For Legal Reasons. We will share Personal Information with third parties if we have a good faith belief that access, use, preservation or disclosure of the information is required by ExperCeption to (i) comply with any applicable law, regulation, legal process or enforceable government request; (ii) enforce ExperCeption’s policies (including the Terms of Service) or contracts, including in connection with the investigation of potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) lawfully protect the rights, property or safety of ExperCeption, our customers and users of the Services or the public.

(b)   Aggregate Information. We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners. We will take steps to ensure that this non-personal information does not identify you, and we require any of our partners who have access to that non-personal information to do the same.

6.     Protecting Your Personal Information. 

We use industry-standard methods and procedures to keep your Personal Information safe and secure when it is transmitted over your home network and through the Internet to the ExperCeption’s servers, including any third-party servers utilized by ExperCeption, where your information is processed. Depending on your location and type of data, the Company may process your Personal Information on servers that are not located in your home country. Unfortunately, the Internet and any technical system cannot be guaranteed to be 100% secure or error-free, and we cannot ensure or warrant the security of any information you transmit to us via the Internet. The transmission of such information is entirely at your own risk.

7.     Processing of Your Personal Information. 

All information collected by the Services will be processed in and subject to the laws of the United States.  If you are not located in the United States, such laws may not provide the same level of protection for your Personal Information as those in your home country. Your Personal Information may also be transferred to and stored on secure servers managed by a third party contracted by the Company.  By using the Services and providing us your Personal Information, you consent to the transfer of your Personal Information to, and processing of your Personal Information in, the United States, and the transfer, storage and processing of your Personal Information on such third-party servers. 

8.     Accessing, Editing and Deleting Your Personal Information.

(a)   Generally.  

i.     ExperCeption generally stores your Personal Information (including personal information provided when creating an Account) on ExperCeption’s and/or ExperCeption-designated third-party servers until you choose to edit or delete such information, or for as long as you use the Services. In addition, except as otherwise prohibited by law, ExperCeption may store your Personal Information in order to resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws as provided in this Privacy Policy. 

ii.     You can access, edit, update, or delete your Personal Information from these servers through the controls in your Account. You can also request a copy of your Personal Information by emailing help@expeception.net. 

iii.     If you no longer wish to participate in our Services, or no longer wish to have your Personal Information be processed, you may delete your Account and Personal Information through the controls in your Account. Once you submit your request, we will send an email to the email address linked to your Account requesting that you confirm your deletion request. Once you confirm your request, this process cannot be cancelled, undone, withdrawn, or reversed. Once you confirm your request, your Personal Information will be deleted, subject to the limitations set forth in Section 8(a)(i).

(b)   Additional Rights Applicable to Individuals in the European Economic Area.

i.     If you are located in the European Economic Area, you have the right to obtain confirmation as to whether ExperCeption is processing your Personal Information, request access to your Personal Information and ask that we correct, amend or delete your Personal Information. In addition, you may object to the Company’s processing of your Personal Information at any time, in which case the Company will cease such activity. You should understand that doing so may impact your use of the Services.

ii.     If European Economic Area law provides you the right to request access to, receive, object to or restrict processing of, seek rectification of, or request erasure of Personal Information held about you by ExperCeption, you may do so, as applicable, through controls in your Account or by contacting the Company. To protect your privacy, the Company will endeavor to take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information. 

iii.     You have the right to lodge a complaint with your Supervisory Authority if you are unhappy with how we process your Personal Information. You can find contact information for your Supervisory Authority on the European Commission Data Protection Authorities webpage or through other publicly available sources.

9.     Cookie Policy. 

We use both session and persistent cookies on our website to improve your online experience. Session cookies are stored on your device during a single visit to the website, and they are deleted as soon as you close your browser. Persistent cookies remain on your device until they expire or you choose to delete them from your browser cache, and they are reactivated each time you visit the website that created them. 

(a)   Cookie Use. We may use cookies for the following purposes:

i.     Authentication. To keep you secure while you are logged in and to help ensure that (i) your password works, (ii) that you stay logged in when you move between pages on the website, and (iii) the website looks consistent during your visit.

ii.     Analytics. To collect information about how you use our website, such as which pages you visit and if you experience any errors. These cookies collect only aggregate information and we use them to improve how our website works, and measure how effective our content is. 

iii.     Advertising. To collect information about your browsing habits and to deliver advertisements that are more relevant to you and your interests. We work with third party partners to help us advertise around the Internet, as well as to allow advertisements to be placed on our website. To opt out of some targeting cookies, see the Section titled "Internet-based Advertising" below.

iv.     Marketing. To measure how you interact with our marketing communications to determine, among other things, how effective a marketing campaign is. 

(b)   Similar Technologies. We may use other similar data collection technologies (like web beacons, flash cookies, or pixels) to track how you use our Services and to help us manage content on our Services by informing us what content is effective. 

(c)   Managing Cookies. You can manage and block cookies by adjusting the settings in your web browser. Each browser works differently, so please refer to your browser’s help menu. Unless you have adjusted your browser settings, our system will issue cookies as soon as you visit our Sites. Please note that if you set your browser to block cookies, either immediately or at a later time, you may not be able to access secure areas of the Services and other parts of the Services may also not work properly or may be limited.

(d)   Internet-based Advertising. We may use cookies to deliver content and advertisements specific to your interests and online behavior. These advertisements may appear on our website or elsewhere on the Internet. We may also allow third-party advertisers that are presenting advertisements for us to set and access their cookies, pixels, tags, and scripts on your computer. The advertisers’ use of cookies and these other technologies is subject to their own privacy policies.

10.  Third-Party Websites and Services.

When using the Services you may come across links or references to third-party websites and services that we do not operate or control. If you provide your Personal Information to that third party through its websites or services, you will be subject to that third party’s privacy practices and policies and terms of use. This Privacy Policy solely applies to Personal Information collected by ExperCeption. Except as specifically indicated, ExperCeption does not review or endorse those third parties, and is not responsible for the privacy practices of these third-party organizations. 

11.  Minors. 

None of the Services are designed for, intended to attract, or directed toward children under the age of eighteen (18). By using the Services, you represent that you are at least eighteen (18). If we learn that personal information from users less than eighteen (18) years of age has been collected, we will deactivate the Account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age eighteen (18), please contact us a help@experception.com

12.  Policy Changes. 

Please note that this Privacy Policy may change from time to time. When we make material changes to this Privacy Policy, we will give you notice by posting an alert through the Services or by sending you an email to the email address we have on file. 

13.  Contact ExperCeption.

Email: help@experception.com