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Privacy Policy

Effective date: May 1, 2025

AT LEVELUP INTELLIGENCE, INC. ("LEVELUP", “WE”, “OUR”), WE TAKE OUR CUSTOMER’S (“YOU”, “YOUR”) PRIVACY SERIOUSLY. PLEASE READ THIS PRIVACY POLICY TO LEARN HOW WE TREAT YOUR PERSONAL DATA. BY USING OR ACCESSING OUR SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED BELOW, AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE AND SHARE YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ALL NECESSARY CONSENTS, AUTHORIZATIONS, AND PERMISSIONS FROM YOUR USERS AND END CLIENTS FOR THE COLLECTION, PROCESSING, AND USE OF THEIR PERSONAL DATA IN CONNECTION WITH THEIR USE OF THE SERVICE. LEVELUP ACTS SOLELY AS A DATA PROCESSOR ON YOUR BEHALF AND IS NOT DIRECTLY RESPONSIBLE FOR OBTAINING SUCH CONSENTS.

REMEMBER THAT YOUR USE OF LEVELUP'S SERVICE IS AT ALL TIMES SUBJECT TO OUR TERMS OF SERVICE (“TOS”). UNLESS OTHERWISE DEFINED HEREIN, ALL CAPITALIZED TERMS SHALL HAVE THE MEANINGS ASSIGNED TO THEM IN EXHIBIT A. GLOSSARY IN THE TOS.

1. What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Service. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage. Notwithstanding the foregoing, we may process Personal Data of Users in the normal course of providing Service to our Customers.

2. Personal Data

2.1. Categories of Personal Data We Collect

This list details the categories of Personal Data that we collect:

I. Profile or Contact Data
A. Examples of Personal Data We Collect

  1. First and last name.
  2. Email.
  3. Date of birth.
  4. Physical address.
  5. Unique identifiers such as passwords.
    B. Categories of Third Parties With Whom We Share this Personal Data
  6. Service Providers.
  7. Parties You Authorize, Access or Authenticate.

II. Payment Data
A. Examples of Personal Data We Collect

  1. Payment card type.
  2. Last 4 digits of payment card.
  3. Billing address, phone number, and email.
    B. Categories of Third Parties With Whom We Share this Personal Data
  4. Service Providers (specifically our payment processing partner).

III. Device/IP Data
A. Examples of Personal Data We Collect

  1. IP address.
  2. Device ID.
  3. Domain server.
  4. Type of device/operating system/browser used to access the Service.
    B. Categories of Third Parties With Whom We Share this Personal Data
  5. Service Providers.
  6. Parties You Authorize, Access or Authenticate.

IV. Web Analytics
A. Examples of Personal Data We Collect

  1. Web page interactions.
  2. Referring webpage/source through which you accessed the Service.
  3. Non-identifiable request IDs.
  4. Statistics associated with the interaction between device or browser and the Service.
    B. Categories of Third Parties With Whom We Share this Personal Data
  5. Service Providers.
  6. Parties You Authorize, Access or Authenticate.

V. Social Network Data We collect certain data obtained specifically through integrations with social media platforms (for example, Facebook, LinkedIn, or X) that may include identifiers such as email addresses, phone numbers, user names, IP addresses, and device IDs. If data similar to Profile Data is provided via social channels outside of these integrations, such information will be categorized as Profile or Contact Data rather than as Social Network Data. A. Examples of Personal Data We Collect

  1. Email.
  2. Phone number.
  3. User name.
  4. IP address.
  5. Device ID.
    B. Categories of Third Parties With Whom We Share this Personal Data
  6. Service Providers.
  7. Parties You Authorize, Access or Authenticate.

VI. Other Identifying Information that You Voluntarily Choose to Provide
A. Examples of Personal Data We Collect

  1. Identifying information in emails or letters you send us.
    B. Categories of Third Parties With Whom We Share this Personal Data
  2. Service Providers.
  3. Business Partners.
  4. Parties You Authorize, Access or Authenticate.

2.2. Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

I. You
A. When you provide such information directly to us

  1. When you create an account or use our interactive tools and Service.
  2. When you voluntarily provide information in free-form text boxes through the Service or through responses to surveys or questionnaires.
  3. When you send us an email or otherwise contact us.
    B. When you use the Service and such information is collected automatically:
  4. Through Cookies.
  5. If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
  6. If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Service, such as information regarding when you are logged on and available to receive updates or alert notices.

II. Third Parties
A. Vendors

  1. We may use analytics providers to analyze how you interact and engage with the Service, or third parties may help us provide you with Customer Support.

2.3. Our Purposes for Collecting Personal Data

We collect Personal Data about you for the following commercial or business purposes:

I. Providing, Customizing and Improving the Service

  1. Creating and managing your account or other User profiles.
  2. Processing Orders or other transactions; billing.
  3. Providing you with the products, Service or information you request.
  4. Meeting or fulfilling the reason you provided the information to us.
  5. Providing Support and assistance for the Service.
  6. Improving the Service, including testing, research, internal analytics and product development.
  7. Personalizing the Service, website content and communications based on your preferences.
  8. Doing fraud protection, security and debugging.
  9. Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws.

II. Marketing the Service

  1. Marketing and selling the Service.

III. Corresponding with You

  1. Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Levelup or the Service.
  2. Sending emails and other communications according to your preferences or that display content that we think will interest you.

IV. Meeting Legal Requirements and Enforcing Legal Terms

  1. Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
  2. Protecting the rights, property or safety of you, Levelup or another party.
  3. Enforcing any agreements with you.
  4. Responding to claims that any posting or other content violates third-party rights.
  5. Resolving disputes.`

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.

2.4. Relationship Between Personal Data and User Submissions

For any data that qualifies as Personal Data under applicable Data Protection Laws, the definitions and obligations set forth in the Privacy Policy, supplemented by the additional data processing obligations in the Data Processing Agreement (“DPA”), shall govern its Processing, including any Personal Data included within User Submissions. However, any information specifically defined as “User Submissions” in the TOS shall remain subject to the confidentiality and intellectual property provisions set forth in the TOS.

2.5. Customer Data Versus Direct Consumer Data

Personal Data collected in connection with a Customer’s use of the Service (for example, data provided by the Customer or its Users) shall be processed in accordance with the DPA and retained per the practices specified therein. In contrast, Personal Data collected directly from individual consumers (for example, visitors to our website) shall be governed solely by this Privacy Policy. For consistency, all data retention and processing practices for Customer Data shall align with those outlined in the DPA, ensuring that retention schedules and data protection measures remain uniform across our documents.

2.6. Our Role as a Controller or Processor

In general, Levelup acts as a Processor for the Personal Data that you upload or provide as part of using our Service for your business purposes. This typically includes any Personal Data about your Users, whose information you manage within our Service.

However, for certain types of data, such as internal usage analytics, billing information, login credentials, or other details we need to manage your account; Levelup may act as a Controller. In those instances, we determine the purposes and means of Processing that particular data.

To learn more about these distinctions, please see our DPA, which outlines our commitments, obligations, and the specific circumstances under which we process Personal Data as a Controller or Processor.

2.7. Sensitive Data Disclaimer

In accordance with Section 2.7. Prohibition on Special Categories of Personal Data or Sensitive Data in our TOS; the Service is not intended to process any Special Categories of Personal Data or Sensitive Data unless expressly authorized in writing by Levelup. Any such data provided in violation of this prohibition is solely your responsibility, and Levelup disclaims any liability arising from the Processing of such data.

3. How We Share Your Personal Data

We disclose your Personal Data to the categories of Service Providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

3.1. Who we share your Personal Data with

This list details who we share your Personal Data with:

I. Service Providers These parties help us provide the Service or perform business functions on our behalf. They include: A. Hosting, technology and communication providers.
B. Security and fraud prevention consultants.
C. Analytics providers.
D. Support and customer service vendors.
E. Product fulfillment and delivery providers.
F. Payment Processors.

  1. Our payment processing partner collects your voluntarily-provided payment card information necessary to process your payment.
  2. Please see Stripe’s terms of service and privacy policy for information on its use and storage of your Personal Data.

II. Business Partners These parties partner with us in offering various services. They include: A. Businesses that you have a relationship with.
B. Companies that we partner with to offer joint promotional offers or opportunities.

III. Parties You Authorize, Access or Authenticate These parties include: A. Third parties you access through the Service.
B. Social media services.
C. Other Users.

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under Section 2.3. (IV). Meeting Legal Requirements and Enforcing Legal Terms above.

3.3. Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

3.4. Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Service and promote our business, provided that we will not share such data in a manner that could identify you.

4. Tracking Tools and Opt-Out

The Service uses Cookies to enable our servers to recognize your web browser, tell us how and when you visit and use our Service, analyze trends, learn about our user base and operate and improve our Service. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).

We do not currently respond to “Do Not Track” (DNT) or “Global Privacy Control” (GPC) signals, or similar mechanisms that may be sent from your browser. We continue to monitor evolving laws, regulations, and technical standards regarding such signals, and will update our practices if required to comply with new legal or regulatory requirements.

4.1. Cookies we use

We use the following types of Cookies:

I. Essential Cookies Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Service. Disabling these Cookies may make certain features and services unavailable.

II. Functional Cookies Functional Cookies are used to record your choices and settings regarding our Service, maintain your preferences over time and recognize you when you return to our Service. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

III. Performance/Analytical Cookies Performance/Analytical Cookies allow us to understand how visitors use our Service. They do this by collecting information about the number of visitors to the Service, what pages visitors view on our Service and how long visitors are viewing pages on the Service. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Service’ content for those who engage with our advertising.

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Service and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit allaboutcookies.org.

5. Data Security and Retention

We use appropriate physical, technical, organizational, and administrative measures to protect your Personal Data from unauthorized or unlawful Processing and against accidental loss, destruction, damage, theft, alteration, or disclosure. You should also help protect your data by selecting and safeguarding your password and/or other sign-on mechanisms, limiting access to your computer or device and browser, and signing off after you have finished accessing your account. Although we work diligently to secure your account and data, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We generally retain your Personal Data as long as you maintain an active account with us and for as long as needed to provide you with our Service. We adhere to the data deletion and retention timelines set forth in Section 5.3.(III) Data Deletion of our TOS, which provides for deletion or return of data (generally within thirty (30) days) after account termination or deactivation, or upon your written request.

Notwithstanding the foregoing, archival or backup copies of Customer Data may be retained for the limited purposes of complying with legal, regulatory, or compliance obligations, resolving disputes or enforcing our rights, or protecting our legitimate interests where such retention is permitted by law. These archival copies shall not be retained longer than twelve (12) months from the date of termination or deactivation of your account, unless a longer period is required by applicable law or regulatory obligations. Such backup copies will be securely stored and will remain subject to the security, confidentiality, and data protection obligations outlined in this Privacy Policy, our TOS, and DPA.

We may also retain Aggregated Data or Anonymized Data derived from Customer Data for lawful business purposes, including but not limited to improving our Service, conducting research, and developing analytics. Such data shall be fully anonymized and may be retained indefinitely.

Where Personal Data is involved, if there is any conflict between this Privacy Policy and the DPA concerning deletion or retention timelines, the DPA shall control.

Once retention of your data is no longer necessary, we will securely dispose of it or anonymize it. We may also retain information in an anonymous or aggregated form if it no longer identifies you personally. A detailed data retention schedule is maintained and is available upon request. If you have any questions about our data retention practices, please contact us at: hello@levelup.ai.

If we become aware of any unauthorized access, use, or disclosure of Personal Data that compromises the security, confidentiality, or integrity of such data, we will notify affected Customers without undue delay and provide information regarding the nature of the breach, its impact, and the steps taken to mitigate any resulting harm. Such notifications will be conducted in accordance with the terms of Section 9.5. Security Breach Notification of our TOS.

6. Personal Data of Children

We do not knowingly collect or solicit Personal Information from anyone under the age of thirteen (13). If you are under 18, you may only use the Service under the direct supervision of an adult or with express authorization from your employer or business entity, and only as permitted by applicable law. If we learn that we have collected Personal Information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Information, please contact us at hello@levelup.ai.

7. State Law Privacy Rights

7.1. California Resident Rights

Under California law, including the California Consumer Privacy Act (as amended by the California Privacy Rights Act (collectively, (“CCPA”)), certain individuals may have additional privacy rights regarding their Personal Data. Because Levelup’s Service is offered strictly for business-to-business transactions, many of the consumer-facing provisions may not apply. However, if you are a California resident and believe that CCPA rights apply to you, you may contact us to exercise access, deletion, correction, or other rights recognized by the CCPA. Furthermore, under California Civil Code Sections 1798.83-1798.84 (‘Shine the Light’), California residents are entitled to request disclosure of our practices regarding the sharing of certain Personal Data with third parties for direct marketing purposes.

7.2. Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at hello@levelup.ai with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.

7.3. Other U.S. State Privacy Laws

We offer our Service to businesses. Nevertheless, certain state privacy laws may apply to the Personal Data of Users of our Customers. We comply with all applicable U.S. state privacy laws, including but not limited to the Virginia Consumer Data Protection Act (“VCDPA”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), and the Utah Consumer Privacy Act (“UCPA”), to the extent they apply to the Personal Data we process. If you are a resident of one of these states, you may have rights to access, delete, or correct your Personal Data, or to opt out of certain forms of data processing. Please contact us at hello@levelup.ai to exercise such rights or if you have any questions regarding your data. For more details on how we process Personal Data on behalf of our Customers, please see our DPA.

8. Data Subject Rights

8.1 Controller vs. Processor

When Personal Data is processed on behalf of a Customer, Levelup acts solely as a Processor. In such cases, the Customer is the Controller and is responsible for handling requests related to the exercise of Data Subject Rights (“DSRs”) under applicable Data Protection Laws. If an individual submits a request for access, rectification, erasure, or any other privacy-related right directly to Levelup, Levelup will promptly forward that request to the relevant Customer and provide reasonable assistance in facilitating the Customer’s response, as required by the DPA.

Individuals are advised to direct their privacy-related inquiries primarily to the Customer, as the Controller, for resolution. However, Levelup will make commercially reasonable efforts to assist Customers with fulfilling their DSR obligations when acting as a Processor.

8.2. Rights for EU, UK, and EEA Residents (GDPR)

If you are a resident of the European Union (“EU”), United Kingdom (“UK”), or European Economic Area (“EEA”), you may have the following rights under the General Data Protection Regulation (“GDPR”) and the UK GDPR:

I. Access You may request a copy of the Personal Data we hold about you.

II. Rectification You may request corrections to any inaccurate or incomplete Personal Data.

III. Erasure You may request that we delete your Personal Data in certain circumstances.

IV. Restriction of Processing You may request that we restrict Processing of your Personal Data.

V. Data Portability You may request a copy of your Personal Data in a structured, machine-readable format.

VI. Objection You may object to the Processing of your Personal Data, including for direct marketing.

VII. Withdrawal of Consent Where Processing is based on Consent, you have the right to withdraw your Consent at any time.

We will respond to all valid requests within one (1) month of receipt, or three (3) months in cases of complex requests, as permitted under the GDPR. If additional time is required to fulfill a request, we will notify you of the reason and expected time frame.

8.3. Rights for U.S. Residents (CCPA, VCDPA, CPA, CTDPA, UCPA)

If you are a resident of California, Virginia, Colorado, Connecticut, or Utah, you may have the following rights under applicable U.S. state privacy laws:

I. Access and Portability You may request access to the Personal Data we have collected about you.

II. Correction You may request that we correct any inaccurate information we hold about you.

III. Deletion You may request that we delete your Personal Data, subject to certain exceptions.

IV. Opt-Out of Sale or Sharing You may request to opt out of the sale or sharing of your Personal Data, if applicable.

V. Opt-Out of Targeted Advertising and Profiling You may opt out of the Processing of your Personal Data for targeted advertising or profiling purposes.

We will acknowledge receipt of requests within ten (10) business days and respond within forty-five (45) days, with a possible extension of an additional 45 days if necessary. If we deny your request, you have the right to appeal our decision. To submit an appeal, please contact us at: hello@levelup.ai.

8.4. Personal Data Use and Processing Grounds

Section 2.3. Our Purposes for Collecting Personal Data is detailed above.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for Processing your Personal Data includes: Consent, Contractual Necessity, our “Legitimate Interests”, or the Legitimate Interest of others, as further described below:

I. Consent In certain instances, we process Personal Data based on Consent, which you explicitly provide at the time of data collection. In these cases, your Consent will be clearly indicated when your data is collected.

II. Contractual Necessity We process the following categories of Personal Data as a matter of Contractual Necessity to fulfill our contractual obligations and provide you with the Service. Failure to supply this Personal Data may prevent you from accessing certain features of the Service. Categories processed under Contractual Necessity include: A. Profile or Contact Data
B. Web Analytics or other similar network activity information
C. Payment Data.
D. Social Network Data.
E. Device Data.
F. Other Identifying Information that You Voluntarily Choose to Provide.

III. Legitimate Interest We process certain categories of Personal Data on the basis of Legitimate Interest to pursue interests that do not override your rights and freedoms. When appropriate, we may de-identify or anonymize Personal Data to further these interests. Examples include: A. Providing, customizing and improving the Service.
B. Marketing the Service.
C. Corresponding with you.
D. Meeting legal requirements and enforcing legal terms.
E. Completing corporate transactions.

IV. Other Processing Grounds From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other Data Subjects, or if it is necessary for a task carried out in the public interest.

8.5. Appeals Mechanism for U.S. Residents

If you are a U.S. resident and your DSR request is denied, you have the right to appeal the denial. To submit an appeal, please contact us at: hello@levelup.ai with the subject line “DSR Appeal Request.” We will review your appeal and provide a response within forty-five (45) days. If your appeal is denied, you may have the right to contact your state Attorney General to lodge a complaint.

8.6. Response Timelines and Additional Information

For all DSRs, we will provide responses within the timelines required by applicable Data Protection Laws. If we require additional information to verify your identity or process your request, we will contact you promptly.

8.7. International Transfers and SCCs

If we transfer your Personal Data outside the EU/EEA or UK, we will rely on approved SCCs or other appropriate safeguards to ensure that your data is protected in accordance with applicable Data Protection Laws. For more details regarding SCCs and applicable safeguards, refer to our DPA at levelup.ai/dpa.

8.8. Transfers of Personal Data

The Service is hosted and operated in the United States (“U.S.”) by Levelup and its Service Providers. By using the Service, you acknowledge and consent that your Personal Data, regardless of whether it is provided by you or obtained from a third party, may be transferred, stored, and processed in the U.S. and in other countries where our Service Providers operate. Such international transfers are governed by our DPA, which incorporates the applicable Standard Contractual Clauses approved by the European Commission (or their updated equivalents) and any additional safeguards required by law. For further details regarding international data transfers, please refer to our DPA.

8.9. Right to Lodge a Complaint with a Supervisory Authority

If you are a resident of the EU, EEA, or UK and believe that we have not adequately addressed your concerns regarding the Processing of your Personal Data, you have the right to lodge a complaint with the relevant Data Protection Authority. A list of EU Data Protection Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en. For residents of the UK, you may contact the Information Commissioner’s Office (“ICO”) at: https://ico.org.uk/.

8.10. Automated Decision-Making and Profiling

Levelup does not engage in any automated decision-making or profiling that produces legal or similarly significant effects on individuals. If this changes in the future, we will update this Privacy Policy and notify you in advance, as required by applicable Data Protection Laws. If we begin using such technologies, we will conduct a Data Protection Impact Assessment (“DPIA”) as required by the GDPR.

9. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. When this occurs we will inform you of any material changes by posting an announcement on our website at levelup.ai/privacy and/or sending you an email at least thirty (30) days prior to the effective date of such changes. If you continue to use the Service after the changes become effective, you agree to be bound by the updated Privacy Policy. Use of the information we collect is subject to the Privacy Policy in effect at the time such information is collected.

10. Contact Information**

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

Email:
hello@levelup.ai

Address:
Levelup Intelligence, Inc.
412 W. Rivers Edge Dr., #32
Provo, UT 84604, USA