A. About Us:

Welcome to OnPointAdvising.com (the “Website”). OnPoint Advising, Inc. (“OnPoint”, “us”, “we”, or “our”) provides information and resources relating to individual, team, and organizational solutions and inspires people to excel. We do this through the Website, the Content, and the products and services otherwise made available by us by way of the Website (together with the Website, and Content, and other products and services we offer via the Website, collectively, the “Services”). By accessing or using our Services, you expressly agree to the provisions of and the data practices reflected in this Privacy Policy (our “Privacy Policy”), our Terms of Service, and any other policy we may develop from time to time (collectively, “Policies”), which create legal and enforceable agreements. If you do not agree to the practices described below in this Privacy Policy, do not browse our Website or use our Services, as your continued use of our Services indicates that you are agreeing to the collection, use, disclosure, management and storage of your Personal Data and other information as described in this Privacy Policy.

B. Privacy Policy

Please read this Privacy Policy as it includes important information regarding your Personal Data and other information. Capitalized terms not defined in this Privacy Policy shall have the meanings given to such terms in our Terms of Service. If you have any questions or concerns, please do not hesitate to contact us at: info@onpointadvising.com.

1. Information We Collect.

(a) Personal Data. Personal Data and other information are collected from you when you create an Account with us or when you otherwise disclose Personal Data or other information to us or third parties when using the Services. “Personal Data” means any information that may be used to identify an individual. Personal Data does not include aggregate information. To use certain aspects of our Services you may be asked to provide us the following information: your name, email address, payment information, and related information.

(b) Location Data. We and third parties with whom we may partner may collect location information in relation to a User’s Device and use of the Services (“Location Data”) with respect to you. If you use the Services, then you are providing consent to collect Location Data such as the physical location of your Device which will be used to provide you with certain features of the Services. This Location Data is collected anonymously in a form that does not personally identify you. Location Data is aggregated with data from Devices of other Users to enhance the quality of Content Users provide to us and to enhance the quality of the Services we provide to you. We may also share your Location data with third parties. Location Data is shared anonymously in a form that would not personally identify you.

(c) Use Data. When you send or receive Content using our Services, we collect data about that Content. If you take the Motivational Currency Calculator assessment, Psychology Swagger Quiz, Reading Quiz, Leading Quiz, or Accelerating Quiz, we store your name, email address, and assessment results.

(d) Log Information. When you browse our Services, you do so anonymously. However, we may log your IP address to give us an idea of which part of our Services you visit and how long you spend there. Also, our Services may use a standard technology called a ‘cookie’ to collect information about how you interact with our Services. Please see Section 7 below for more information.

(e) Ad Data. The Website may use ‘Google AdSense’ by Google, Inc. (“Google”) to integrate advertisements on the Services. Google AdSense uses ‘cookies’ and ‘web beacons’. If this Website uses ‘Google AdSense’, then information about the use of this Website (including your IP address) and the delivery of advertising formats generated by cookies and web beacons will be processed to a server of Google in the United States and will be saved there. This information may be processed to contractual partners of Google by Google. Google will not associate your IP address with any other Google data. Through the use of this Website, you express your consent to the processing of data collected by Google about you in the manner and for the purposes described in this Privacy Policy and in Google’s partner data policy here: http://www.google.com/policies/privacy/partners/.

(f) Aggregate Data. Certain aspects of our Services are set up to collect and report aggregate information. Aggregate information is data we collect about the use of the Services or about a group or category of products, services or Users, from which individual identities or other Personal Data has been removed. In other words, information about how you use the Services may be collected and combined with information about how others use the Services. Aggregate data helps us understand trends and User’s needs so that we can better consider new features or otherwise tailor our Services. This Privacy Policy does not restrict what we can do with aggregate information.

(g) Analytics. We may use third party analytics tools to collect information about use of our Services. Analytics tools collect information such as how often Users visit our Website, what pages Users visit when Users visit our Website, and the other websites they accessed prior to accessing our Website. We use the information we gather from analytics to improve our Services. Analytics tools collect information such as the IP address assigned to you on the date you visit our Website, but does not collect Personal Data. We do not combine the information collected through the use of analytics with Personal Data. Although our analytics tools may plant a cookie on your web browser to identify you as a unique User the next time you visit our Website, the cookie cannot be used by anyone but our analytics tools. In the event that we use Google’s ‘Google Analytics’, then Google’s ability to use and share information collected by ‘Google Analytics’ about your visits to our Website is restricted by the Google Analytics Terms of Use here: http://www.google.com/analytics/tos.html and the Google Privacy Policy here: http://www.google.com/privacypolicy.html. You can prevent Google Analytics from using your data by downloading the Google Analytics Opt-out Browser that is available from Google here: https://tools.google.com/dlpage/gaoptout, but if you do so, certain features of our Services may become unavailable. See Section 7 below for more information.

(h) Device Information. We may collect data about the computer or Device you use to access our Services, including the hardware model, operating system and version, MAC address, unique device identifier (‘UDI’), phone number, and mobile carrier information.

(i) Tracking Technologies. We collect information through technology, such as cookies, flash cookies and web beacons, including when you visit our Services or Linked Sites. Please see Section 7 below for further information regarding tracking technologies.

(j) From Third Parties. We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third party to share your information with us before we can acquire it.

2. How We Use It. We use your Personal Data to:

(a) enable us to provide the Services to you;

(b) notify you regarding Services, your Account, or fees;

(c) increase the usability of the Services;

(d) provide information about promotional offers;

(e) investigate objectionable use of the Services;

(f) respond to requests for assistance from our customer support team;

(g) analyze trends and use of our Services;

(h) analyze the Personal Data and other Content provided by Users; and

(i) carry on our business, as determined by us.

 3. Who We Share It With.

 We will share Personal Data with third parties when:

(a) When you have enabled us to share your Personal Data with another company or our Affiliates by using the Services. Once we share your Personal Data with another company, the information received by the other company becomes subject to the other company’s privacy practices.

(b) When necessary, as determined by us in our sole discretion, to provide Services to you. This includes for the uses listed in Section 2 above.

(c) When required by law or by court order.

(d) To protect our rights and property, to prevent fraudulent activity or other deceptive practices of Users or third parties, or to prevent harm to others.

(e) If we are acquired by or merged with another company, or if our assets are sold to another company. In all of these circumstances, you understand and agree that our Terms of Service and this Privacy Policy will be assigned and delegated to the other company.

(f) To perform tasks for us or in connection with our business, as determined by us. We may use third parties to help operate the Services and perform other aspects of the Services. You agree we may share your Personal Data with our Affiliates and other third parties that provide services to us in connection with our business (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, and other similar service providers that use such information on our behalf). Unless otherwise stated, these third parties do not have any right to use the Personal Data we provide to them beyond what is necessary for them to assist us, as determined by us.

4. Your Choices.

 (a) Any Content that you Transmit to a public portion of our Website may be searchable by other Users and third parties as well as subject to use by others. Once you have made Content viewable to others, that Content may be re-shared by others and we have no control or liability regarding how others may use the Content you Transmit. We make every effort to prevent undesired disclosure of Content or Personal Data. However, we are not responsible for how others may use Content or Personal Data that is disclosed by you to Users or third parties using the Services.

(b) The Services may allow you to share Content on Social Media Profiles. If you use such functionality of the Services, then you should use caution when determining to whom you want to make Content available. If you choose to Transmit Content on third party Social Media Profiles, then, depending on the privacy settings of your Social Media Profiles, it is possible that persons in addition to those to whom you intended to view that Content could have access to that information. Accordingly, you should use caution when sharing Content via third party Social Media Profiles and you should carefully review the privacy practices of such Social Media Profiles.

(c) If you remove information, Personal Data, or Content that you Transmit to the Services, copies may remain viewable in cached and archived pages of the Services, or if other Users or third parties copied or saved that information.

(d) You may opt out of targeted advertisements from some third party companies by visiting the Network Advertising Initiative or Digital Advertising Alliance Consumer Choice Page, which provide simple ways to opt out of ad targeting from participating third party companies. When you opt out, your selection will be stored in a cookie that is specific to your Device or computer and the web browser you are using. The opt out cookie has an expiration date of five years. If you delete the cookies on your computer or Device, you will need to opt out again.

(e) We will contact you from time to time for marketing purposes. Unless you have opted out, this could include contacting you by phone or email. You may opt-out of receiving marketing communications from us by the following means: (i) contacting us at info@onpointadvising.com; or (ii) following the instructions in the communication.

5. Security of Your Personal Information. We endeavor to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Personal Data is stored in password-controlled servers with limited access. However, you have a significant role in Account security. Someone may see or edit your Personal Data if that person gains access to your username and password, so do not share these with others. WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.

6. Your Account. We have no obligation to retain your information, and may delete any or all of your Account information without liability. However, we may retain Content related to you for any reason or no reason, as determined by us. We may also retain and use your Content if necessary to provide Services to other Users. We disclaim any liability in relation to the deletion or retention (subject to this Agreement of this Privacy Policy) of Content or any obligation not to delete the Content.

7. Tracking Technology.

(a) Generally. We and other third parties with whom we may partner may use cookies, clear .gifs and .pngs (also known as ‘web beacons’), or local shared objects (sometimes called ‘flash cookies’) to help personalize the Services. A cookie is a text file that is placed on your computer or other device by a server. Cookies cannot be used to run programs or deliver viruses to your computer or other device. Cookies are uniquely assigned to you, and can only be read by the server that issued the cookie to you. A web beacon is typically a transparent .gif or .pngs graphic image (usually 1 pixel by 1 pixel in size) that is used in conjunction with the Services, which allows us or third parties with whom we may partner to measure the actions of Users who interact with the portion of the Services that contain the web beacons. You have the ability to accept or decline cookies and web beacons may be unusable if you elect to reject cookies. Most web browsers automatically accept cookies, but you can usually modify the settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Services.

(b) Use. We and other third parties use web beacons to measure traffic and related browsing behavior, and to improve your experience when using the Services. We and other third parties may also use customized links or other similar technologies to track hyperlinks that you click, and associate that information with your Personal Data in order to provide you with more focused communications. Even if you do not have an Account of if you are logged out of your Account, we still use cookies. We use cookies when you log out of your account to do things such as: (i) identify and disable the Accounts of Users who violate our Terms of Service, (ii) help you recover your Account, (iii) provide security features, (iv) restrict access to the Services to individuals who provide false information when signing up for an Account, (v) provide us with information about the ads we and our Affiliates make available on the Services, and to (vi) gather an understanding about our Users. If you do not have an Account, we use cookies to protect us from malicious activity (e.g. flooding, mass creation of fraudulent Accounts, and the like).

(c) Do Not Track. Our Services may not recognize ‘Do Not Track’ requests and any such web browser feature may be inoperable with respect to our Services. You understand and agree that we shall not be liable for and you expressly release, indemnify, hold harmless, and defend us from any claims you may have related to our inability to honor a ‘Do Not Track’ request.

8. Compliance with the Children’s Online Privacy Protection Act. We recognize the need to provide further privacy protections with respect to Personal Data we may collect from Children who use our Services. For that reason, we make every effort to comply with the regulations of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. § 6501 – 6506). We never collect or maintain Personal Data through the Services from those we actually know are under thirteen years of age, and no part of the Services are structured to attract anyone under thirteen years of age. We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. We reserve the right to suspend and/or terminate with or without notice the Account of User who we believe has provided false information when registering for and/or using the Services and each User agrees to make no further use of the Services after termination and/or during suspension.

9. Linked Sites. The Services and/or third parties may provide links to Linked Sites and data provided by third parties. This Privacy Policy applies solely to information collected by us through the Services. When you use a link to go from the Services to a Linked Site, this Privacy Policy is no longer in effect. We encourage Users to read the privacy policies of Linked Sites before proceeding to use them. When you conduct e-commerce with a Linked Site, certain Personal Data may be collected by the Linked Site and made available to us.

10. California Privacy Rights. Under California Civil Code Section 1798.83, known as the “Shine the Light” law, a California resident who has provided Personal Data to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California User”) is entitled to request information about whether the business has disclosed Personal Data to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of Personal Data, upon receipt of a request by a California User, the business is required to provide a list of all third parties to whom Personal Data was disclosed in the preceding calendar year, as well as a list of the categories of Personal Data that were disclosed. However, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its Privacy Policy) a policy of not disclosing customer’s Personal Data to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure or gives customers a mechanism to opt out of having their Personal Data disclosed to third parties for their direct marketing purposes. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Data and providing a cost free means to exercise the right. We have opted for this alternative approach. As stated in this Privacy Policy, we give customers a mechanism to opt out of having their Personal Data disclosed to third parties for their direct marketing purposes. Therefore, we are not required to maintain or disclose a list of third parties that received your Personal Data for marketing purposes. If you wish to opt-out of sharing your Personal Information with third parties for their direct marketing purposes, please email us at info@onpointadvising.com and mark your request “Re: Opt-out.” California Users may request further information about our approach to this law by writing to us at 2 Buttonwood Drive, Old Bridge, NJ 08857 or by email at info@onpointadvising.com and requesting further information.

11. Changes to our Privacy Policy; Miscellaneous. We reserve the right to change this Privacy Policy, our Terms of Service, and our other Polices at any time. We will notify you about changes to this Privacy Policy by placing the updated Privacy Policy on the Services. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to our Privacy Policy. This Privacy Policy is governed by the laws of the State of New Jersey. This Privacy Policy is and any disputes in connection with this Privacy Policy are subject to our Terms of Service and our other Policies which are each hereby incorporated herein by reference. In the event of any conflict between the provisions of this Privacy Policy and our Terms of Service, our Terms of Service shall control and the remaining provisions this Privacy Policy shall be supplemental.

12. Feedback. We value your comments and opinions. If you have questions, comments or a complaint about compliance with this Privacy Policy, you may send a written notice to us at: info@onpointadvising.com.