Privacy Policy

HabitCoach Ethics and Privacy Policy

The HabitCoach program is owned and operated by TestingMom.com, LLC. (“TestingMom.com”, “we”, or “us” refers to TestingMom.com and HabitCoach).  We recognize the importance of your and your child’s personal privacy.  Therefore, we have created this Ethics and Privacy Policy so that you know how we use and disclose your information when you make it available to us.  The Ethics and Privacy Policy below discloses our practices regarding information collection and usage solely for the web site located at www.TestingMom.com and/or HabitCoach.com (the “Service”).

By using or accessing the Service or participating in our services, you signify your agreement to be bound by our Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE OUR SERVICE OR PARTICIPATE IN OUR SERVICES.

Key aspects of our privacy practices described in this Privacy Policy include the following explanations:

  • The information we collect and why we collect it
  • How we use that information
  • How we share information
  • The choices we offer

Coaches and administrative staff for HabitCoach adhere to the following ethics and privacy guidelines:

  1. We explain and ensure that, prior to or at the initial meeting, our coaching client(s) and sponsor(s) or parent(s) understand the nature and potential value of coaching, the nature and limits of confidentiality, financial arrangements, and any other terms of the coaching agreement.
  2. We have created an agreement/contract regarding the roles, responsibilities and rights of all parties involved with our client(s) and sponsor(s) or parent(s) prior to the commencement of services.
  3. We maintain the strictest levels of confidentiality with all parties as agreed upon:
  • Client data will be held in a secure, password-protected digital client record system which will only be able to be accessed by client, parents or sponsor, coach, and administrative staff on an “as-needed” basis. 
  • Client records will be shared with other parties such as therapists, psychologists, psychiatrists, or school personnel only with a signed “Release of Information” giving permission to share information with the specifics of what is to be shared and who is to be shared with.
  • Names of HabitCoach clients will be held private and not shared with third parties without permission of the client.
  • Privacy will not be maintained and information can be shared without permission in the following circumstances:
    • In the case of illegal activity,
    • If required by law, pursuant to valid court order or subpoena.
    • If there is an imminent or likely risk of danger to self or to others.
  1. We manage conflicts of interest or potential conflicts of interest. We will resolve any conflict of interest or potential conflict of interest by working through the issue with relevant parties, seeking professional assistance, or suspending temporarily or ending the professional relationship.  
  2. We remain alert to indications that there might be a shift in the value received from the coaching relationship. If so, we may make a change in the relationship or encourage the Client(s)/Sponsor(s) to seek another coach, or other professional or resource.
  3. We respect all parties’ right to terminate the coaching relationship at any point for any reason during the coaching process subject to the provisions of the agreement.
  4. We are aware of and actively manage any power or status difference between the Client and our coaches that may be caused by cultural, relational, psychological or contextual issues. We avoid discrimination by maintaining fairness and equality in all activities and operations, while respecting local rules and cultural practices. This includes, but is not limited to, discrimination on the basis of age, race, gender expression, ethnicity, sexual orientation, religion, national origin, disability or military status
  5. We disclose to our Clients the potential receipt of compensation, and other benefits we may receive for referring my Clients to third parties.
  6. We commit to excellence through continued personal, professional and ethical development.
  7. We recognize our coaches’ personal limitations or circumstances that may impair, conflict with or interfere with their performance or professional coaching relationships.
  8. We hold responsibility for being aware of and setting clear, appropriate and culturally sensitive boundaries that govern interactions, physical or otherwise.
  9. We recognize and honor the contributions and intellectual property of others, only claiming ownership of our own material. 

Personally Identifiable Information That We Collect:

We do not collect personally identifiable information from you unless you voluntarily provide it to us, such as by signing up to receive an executive function assessment and report or other materials, completing an inquiry form or otherwise choosing to share your personally identifiable information with us. You may be required to submit certain personally identifiable information when you register on the Service. The personally identifiable information which you may provide to us could include your name, email address, physical address or zip code, phone number, credit card number and other personal information.

Non-Identifiable Or Aggregate Information That We Collect:

When you access our Service or use the HabitCoach services, we may automatically collect non-personally identifiable information from you, such as IP host address, web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on the Service and similar data. We may also aggregate demographic information collected from our users (such as the number of users in a particular state) in a manner which does not identify any one individual.   We may also aggregate information collected offline in connection with the Service or use of our services, obtain non-personally identifiable information from third party sources and develop aggregate information by anonymizing previously collected personally identifiable information.

It is possible at times when collecting non-personally identifiable information through automatic means that we may unintentionally collect or receive personally identifiable information that is mixed in with the non-personally identifiable information.  While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists.  If you believe that we have inadvertently collected your personal information, please notify us at Help@HabitCoach.com.  

Information Usage:

We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:

  • We may share your personally identifiable information collected in connection with providing the Service.
  • We may use your personally identifiable information to respond to your inquiries or requests.
  • We may use your personally identifiable information to send you emails from time to time about our services, but we will not provide your personally identifiable information to third parties for them to contact you directly unless otherwise permitted by this Privacy Policy or you provide your consent.
  • We may permit our vendors and subcontractors to access your personally identifiable information, but they are only permitted to do so in connection with performing services for us.  They are not authorized by us to use the information for their own benefit unless authorized by you.
  • We may share your personally identifiable information with third parties to further the purpose for which you provided such information to us; for example, we may share your information with our payment processor, as necessary for processing your purchases made online via the Service. We urge you to read WorldPay and Finix’s privacy practices before submitting any personal credit card information through the Service.
  • We may disclose personally identifiable information as required by law or legal process.
  • We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.
  • We may transfer your personally identifiable information in connection with the sale or merger or change of control of TestingMom.com, HabitCoach.com or the division responsible for the services with which your personally identifiable information is associated.
  • We may share your personally identifiable information with an affiliate of TestingMom.com who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.

Non- personally identifiable or aggregate information may be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such information shall not specifically identify you.

Cookies and Similar Technologies:

“Cookies” are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes.  We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) on our Service to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Service.  We may also use and place cookies (and similar items) on your computer from our third party service providers in connection with the Service, such as an analytics provider that helps us manage and analyze Service usage, as described more fully below.  In addition, our advertisers and business partners may set cookies and similar items on your computer when you use our Service.  You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your computer without your knowledge.

If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out cookie) may no longer work and you will have to reinput (or opt-out) again.

Analytics:

We use analytics services that use cookies, javascript and similar technologies to help us analyze how users use the Service. The information generated by these services about your use of the Service (including your IP address or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users’, use of the Service, compiling reports for us on website activity and providing other services relating to website activity and Internet usage.  We also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the Service. Please see https://support.google.com/adwords/answer/1722022?hl=en for more information about conversion tracking provided by Google.

Security:

The security of your personally identifiable information is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access.  However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access by third parties such as hackers and your use of our Service and TestingMom.com and HabitCoach.com services demonstrates your assumption of this risk.  We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personally identifiable information.  For more information on protecting your privacy, please visit www.ftc.gov/privacy.

Your Disclosures In Blogs And Other Social Media:

You should be aware that personally identifiable information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions.  We are unable to control such uses of your personally identifiable information, and by using such services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties for any number of purposes.

Protection for Children:

We generally do not collect personally identifiable information from children under the age of 18.  If at any time in the future we plan to collect personally identifiable information from children under 18, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA.  When we become aware that personally identifiable information from a child under 18 has been collected without such childs’ parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

CHILDREN’S INFORMATION AND SPECIAL/SENSITIVE PERSONAL INFORMATION

We do not intentionally collect or use children’s Personal Information for purposes other than providing the Services to Users that are children without the consent of a parent or guardian of the child unless the User is capable of consenting to the processing of his/her Personal Information in terms of the Applicable Laws in his/her jurisdiction. Similarly, we do not intentionally collect or process special/sensitive Personal Information and will only do so with consent or if allowed by Applicable Law.

We will only use the Personal Information of child Users for purposes of providing the Platform and Services to them in terms of the consent received or if there is a legal justification to use the Personal Information in terms of Applicable Laws.

Other Services:

As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites.  When you link away from our Service, you do so at your own risk.

Changes to this Privacy Policy:

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time.  However, if at any time in the future we plan to use personally identifiable information in a way that materially differs from this Privacy Policy, including sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses.  Your continued use of the Service and our services following the posting of any changes to this Privacy Policy means you accept such changes.

Opt-Out Process:

All unsubscribe or opt-out requests should be sent to us at Help@HabitCoach.com and we will process your request within a reasonable time after receipt. However, we are not responsible for, and in some cases we are incapable of, removing your personally identifiable information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent.  You should contact such third parties directly. If you would like to update or correct any personally identifiable information that you have provided to us, please email us at Help@HabitCoach.com and once we confirm your information, we will update such information within a reasonable amount of time.

Communications with TestingMom.com:

By providing your email address to us, you expressly consent to receive emails from us.  We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our business partners, provided that, we will not give your email address to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary.  Except to the extent expressly covered by this Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

No Rights of Third Parties:

This Privacy Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal information relating to users of the Service.

Site Terms and Conditions:

Use of this Service is governed by, and subject to, the Terms and Conditions located at https://www.HabitCoach.com/terms/.  This Privacy Policy is incorporated into such terms.  Your use, or access, of the Service constitutes your agreement to be bound by these provisions.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE.

United States of America:

Our servers are maintained in the United States of America.  By using the Service or participating in TestingMom.com services, you freely and specifically give us your consent to export your personally identifiable information to the USA and to store and use it in the USA as specified in this Privacy Policy.  You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

Governing Law:  

This Privacy Policy and our legal obligations hereunder are subject to the laws of the state of Texas, U.S.A., regardless of your location.  You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Collin County, Texas, U.S.A. in all disputes arising out of or relating to the Services.

Special Notice for EU Visitors under the GDPR:

Further Clarification on Personal Data:

When you access our services or website, we may collect other data unique or possibly unique to you. This includes IP Address, a random alphanumeric identifier known as a “track id” which is reset upon clearing your cookies in your browser, another random alphanumeric identifier known as “session id” which is randomly assigned every session on the HabitCoach site, and, if you’ve created an account with us, your user_id, which is a number. If you have given us your email address, we may store your content preferences regarding emails we send you.

Your Children’s Data:

We do ask, optionally, for your child’s age, in order to make recommendations for services and offers relevant to students your child’s age. We may also ask the name your child for the use of certain apps within our platform. These apps cannot function without that piece of info, as we use it to show you information regarding your child’s progress.

Third-Party Sources:

We use third-party software for a variety of uses. This includes email service providers (how we send email to you!), Analytics websites (how we look at groups of anonymous people), and online-advertising services (How we see how we acquire customers). Generally, these uses and third-parties are:

  • Using aggregate, and rarely, personal numerical identifiers, personal data, for monitoring site trends, to be used for improving the HabitCoach site.
  • Using data to make personalized recommendations and offers through email.
  • Using anonymized data to show content and services of HabitCoach.com on third-party sites.
  • Using anonymized data to track any purchases and signups, for monitoring site performance.
  • Using non-anonymized data to communicate with our customers, with your consent, through chat, email, or phone.
  • Using personal data for setting up accounts with partner programs, explicitly with your permission.

For additional details please contact help@HabitCoach.com.

How Long We Keep Data:

We keep data regarding your account, including any signups, purchases, and services indefinitely. Other Personal Data is kept for a maximum of three years.

Controlling Your Data:

You can opt-in to or out of various data usages here.

Accessing, Rectifying, and Deleting Your Data:

You are entitled to view your data, edit it, or ask us to delete it. Requests for any of these should be sent to help@HabitCoach.com. It is expected that this request will be completed within 30 days, however, in some cases, it may take up to 90 days or longer.

Contact:

For questions or concerns relating to privacy, we can be contacted at: Help@HabitCoach.com.

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