Privacy Policy

Winning By Design, LLC (“Winning By Design”) and its affiliates (“we,” “us,” and “our”) takes your privacy seriously. This Privacy Policy (the “Policy”) describes what data we collect from you and how that data is used, as well as answers your questions about your privacy rights in connection with your use of our websites, content portals and related platforms (collectively, “Sites”), as well as when you participate in our programs, receive our consulting, training, or other services, and/or use our artificial intelligence agent (collectively, “Services”). This Privacy Policy is subject to and incorporated into our Terms and Conditions (at: https://winningbydesign.com/terms-of-use/)

Personal Data

Personal Data means information that identifies, relates to, or could reasonably be linked to you or your household, directly or indirectly.

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small pieces of data stored on a User’s device.

Data Controller

Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed as defined by applicable data privacy laws. For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processor (or Service Providers)

Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller as defined by applicable data privacy laws. We may use the services of various Service Providers in order to process your data more effectively.

Data Subject

Data Subject is any living individual who is the subject of Personal Data.

User

The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

If you provide any personal information to our interactive artificial intelligence agent, such information will be used strictly in accordance with this Privacy Policy.  No Personal Data will be used to train any artificial intelligence algorithms or large language models.  We utilize artificial intelligence functionality from a third-party Service Provider.  Additional information about use of any data provided to our interactive artificial intelligence agent can be found at https://trustcenter.1mind.com/faq.

Usage Data

We may also collect information about how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Audio/Visual Image Data

We may also collect audio and/or video of certain aspects of the Services and the participants’ interactions while utilizing the Services, which may include your voice, visual image and name.

Tracking & Cookies Data

We use first party cookies and similar tracking technologies, such as web beacons and/or pixels to track the activity on our Service, hold certain information, including usage and demographic information about visitors over time, to track new visitors to the Sites, to prevent fraud, to understand interactions with our Sites and emails, and improve the performance of our Sites.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, pixels, and scripts to collect and track information and to improve and analyze our Service. We do not use this information to personally identify you.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. See www.allaboutcookies.org to learn how to disable cookies on your browser or otherwise opt out of cookies. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.
• Necessary Cookies. We use Necessary Cookies to provide the Site(s) and authenticate users.

Some cookies may be active during the time you are viewing a website (“Session cookies”). Other cookies may remain on your computer after you have closed your browser or turned off your computer (“Persistent or Preference cookies”). We also deploy “Necessary” cookies to provide the Sites, such as to authenticate and identify returning users. We do not use cookies to serve online advertising, whether on the Sites or on other websites.

The cookies sent by the Sites are used only by the Sites and are not used to collect Personal Data without your permission. If you choose to provide us with personal information (such as your email address), that information could be linked to the data stored in the cookie. We reserve the right to change our use of cookies and our practices regarding linkage to Personal Data without prior notification.

Winning By Design uses the collected data for various purposes:

• To provide and maintain our Service
• To remember your username and account information next time you log in to the Sites.
• To communicate with you in related to the Sites and Services
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support, including interaction with our interactive artificial intelligence agent.
• To gather analysis or valuable information so that we can improve our Service, better understand the users of our Sites and services, and protect the Sites
• To monitor the usage of our Service
• To detect, prevent and address technical issues
• To comply with legal obligations, resolve legal dispute, for regulatory investigation and compliance or to enforce our contracts
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
• To help us measure traffic and usage trends for the Sites utilizing third-party analytics tools. These tools collect information sent by your device or our Sites, including the web pages you visit, add-ons, and other information that assists us in improving the Sites. We collect and use this analytics information with analytics information from other users so that it cannot reasonably be used to identify any particular individual user.
• With respect to audio and/or video captured while participants are utilizing the Services including, without limitation, your voice, visual image and name, we may use this data for any purpose including, without limitation, promotional purposes.  Your consent to this Privacy Policy constitutes your consent to the use of the captured data as provided herein.

Winning By Design will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Winning By Design will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

Located in the United States

Winning By Design is located in the United States.  Your Personal Data will be stored on our servers and data centers located in the United States. Information that we collect will be stored and processed in the United States in accordance with this Privacy Policy. This Privacy Policy shall apply even if we transfer Personal Information to other countries. By accessing the Sites, you consent to this transfer, processing, and storage of your Personal Data in the United States or other jurisdictions, including to jurisdictions in which the privacy laws may not be as comprehensive as those in the country where you reside. Note that your Personal Data may be available to the United States government or its agencies under legal process in the United States.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Winning By Design will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Business Transaction

If Winning By Design, LLC is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice whenever your Personal Data is transferred and becomes subject to a different Privacy Policy.

Lawful Basis

We have a lawful basis for our processing of your Personal Data, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent, as described below:

• Consent. By using our Sites, you consent to our collection, use, and sharing of your Personal Data as described in this Privacy Policy. If you do not consent to this Privacy Policy, please do not use the Sites.
• Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your rights and freedoms, and we do not process your Personal Data if your rights and freedoms outweigh our legitimate interests. Our legitimate interests may include safeguarding our IT infrastructure and intellectual property.
• As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas.
• To Protect Ourselves or Others.  We may process your Personal Data as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

• Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.  You can read more about how Google Analytics functions at: https://support.google.com/analytics/answer/6004245?hl=en#zippy=%2Cdata-collected-by-google-analytics. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.  You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

• Stripe: Click here to view the Stripe Privacy Policy.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

Please remember that when you use a link to go from our Sites to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our Sites, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third -parties that you authorize to access your Personal Data. If you are using a third-party website or service and you allow them to access Personal Data, you do so at your own risk.  We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. Winning By Design has implemented a security program that includes appropriate administrative, technical and physical safeguards intended to keep the Personal Data stored in our systems protected from unauthorized access and misuse. Our systems are configured with data encryption, or scrambling technologies and common industry available firewalls. We also use Secure Socket Layer (SSL) technology that is designed to protect the data you send over the Internet.

Please be aware, however, that no information system is totally secure, and therefore we cannot guarantee against all potential security breaches. While we will use reasonable security and monitoring controls in accordance with general industry standards to secure information you provide to us consistent with our legal requirements, we cannot guarantee that such information will not be unlawfully or illegitimately obtained by unauthorized parties.

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Winning By Design, LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

Whenever made possible, you can update your Personal Data directly within your account settings section or by responding to the opt-out directions in communications sent to you . If you are unable to change your Personal Data, please contact us at support@winningbydesign.com to make the required changes.

If you wish to be informed of what Personal Data we hold about you and if you want it to be removed from our systems, please contact us at support@winningbydesign.com.

In certain circumstances, you have the right:

• To access and receive a copy of the Personal Data we hold about you
• To rectify any Personal Data held about you that is inaccurate
• To request the deletion of Personal Data held about you

You have the right to data portability for the information you provide to Winning By Design, LLC. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

Please note that we may ask you to verify your identity before responding to such requests.

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us at https://winningbydesign.com/contact/. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, please contact us by email: support@winningbydesign.com