Terms & Privacy

LEANTIME TERMS OF SERVICE

 

Date of Last RevisionAug 2nd, 2023 

Acceptance of These Terms of Service

Hyve5, Inc., d/b/a Leantime (“Leantime,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at leantime.io (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. 

 

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms & Conditions” link on the Site https://leantime.io]. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LEANTIME ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

 

Your Privacy: At Leantime, we respect the privacy of our users. For more information please see our Privacy Policy, located at http://leantime.io/privacy/ (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

 

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time.  All such terms are hereby incorporated by reference into these Terms of Service.

 

Access and Use of the Service

 

Service Description: The Service is designed to provide project management software and services.

Your Registration Obligations: You may be required to register with Leantime or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

 

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Leantime of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Leantime will not be liable for any loss or damage arising from your failure to comply with this paragraph.  You will be provided with a unique username.  You may not share your username and password, or otherwise share any account information with others, nor are you allowed to create multiple workspaces for the purpose of circumventing billing.

 

Modifications to Service: Leantime reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Leantime will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

General Practices Regarding Use and Storage: You acknowledge that Leantime may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Leantime’s or its third-party service providers’ servers on your behalf. You agree that Leantime has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Leantime reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Leantime reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

Conditions of Access and Use

 

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Leantime, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Leantime. Leantime reserves the right to investigate and take appropriate legal action against anyone who, in Leantime’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

 

  1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Leantime, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Leantime or its users to any harm or liability of any type;
  2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; 
  3. violate any applicable local, state, national, or international law, or any regulations having the force of law; 
  4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. solicit personal information from anyone under the age of 18;
  6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  9. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service; 
  10. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; 
  11. use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or
  12. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Leantime from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Competitors: No employee, independent contractor, agent, or affiliate of any competing project management software company is permitted to view, access, or use any portion of the Service without express written permission from Leantime. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Leantime or any of its affiliates, or acting on behalf of a competitor of Leantime in using or accessing the Service.

 

Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Leantime that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Leantime or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Leantime the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service.  If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Leantime (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Leantime know within sixty (60) days after the date that Leantime charges you. We reserve the right to change Leantime’s prices. If Leantime does change prices, Leantime will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Leantime’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Leantime’s net income.

 

Payment Processing: Notwithstanding any amounts owed to Leantime hereunder, LEANTIME DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements“). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Leantime assumes no liability or responsibility for any payments you make through the Service.

 

Refunds and Cancellations: Payments made by you hereunder are final and non-refundable, unless otherwise determined by Leantime. You may cancel your subscription online by logging into your account or emailing us at: support@leantime.io.

 

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

 

Mobile Services and Software

 

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Leantime and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Leantime account information to ensure that your messages are not sent to the person that acquires your old number.

 

[Mobile App License: Subject to these Terms of Service, Leantime hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.]

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Leantime, its affiliates, and its licensors (including the Mobile Apps,  the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Leantime.

 

Special Notice for International Use; Export Controls: Leantime is headquartered in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

 

[Third-Party Distribution Channels: Leantime offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

  • Leantime and you acknowledge that these Terms of Service are concluded between Leantime and you only, and not with Apple Inc. (“Apple”), and that as between Leantime and Apple, Leantime, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. 
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Leantime’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • Leantime and you acknowledge that Leantime, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. 
  • In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Leantime and Apple, Leantime, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Leantime as follows:

support@leantime.io

‪(704) 284-7320‬

57 Union St. S #1066, Concord, NC 28025

 

  • You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
  • Leantime and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Leantime only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Leantime, and not Google, is solely responsible for Leantime’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Leantime’s Google-Sourced Software.]

 

Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found at: https://github.com/Leantime/leantime. If required by any license for particular open source software, Leantime makes such open source software, and Leantime’s modifications to that open source software (if any), available by written request to support@leantime.io. Copyrights to the open source software are held by the respective copyright holders indicated therein. 

 

Intellectual Property Rights

 

Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Leantime, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. 

 

Trademarks: The Leantime name and logos are trademarks and service marks of Leantime (collectively the “Leantime Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Leantime. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Leantime Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Leantime Trademarks will inure to our exclusive benefit.

 

Third-Party Material: Under no circumstances will Leantime be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Leantime does not pre-screen content, but that Leantime and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Leantime and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Leantime, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. 

 

User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Leantime and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

 

You hereby authorize Leantime and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

 

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Leantime are non-confidential and Leantime will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. 

 

You acknowledge and agree that Leantime may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Leantime, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

 

Copyright Complaints: Leantime respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Leantime of your infringement claim in accordance with the procedure set forth below.

 

Leantime will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Leantime’s Copyright Agent at support@leantime.io (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail at: 

 

Marcel Folaron

Attn: Copyright Agent

57 Union St. S #1066

Concord, NC 28025

 

To be effective, the notification must be in writing and contain the following information: 

 

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; 
  • identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property; 
  • identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; 
  • your address, telephone number, and email address; 
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed. 

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: 

  • your physical or electronic signature; 
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 
  • a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and 
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Mecklenburg County, North Carolina and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

If a counter-notice is received by the Copyright Agent, Leantime will send a copy of the counter-notice to the original complaining party informing them that Leantime may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Leantime or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

 

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Leantime has adopted a policy of terminating, in appropriate circumstances and at Leantime’s sole discretion, the accounts of users who are deemed to be repeat infringers. Leantime may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Third-Party Services and Websites 

 

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like Facebook, Apple or Google. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Leantime has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Leantime, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Leantime enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Leantime will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless Leantime, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Leantime Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Leantime will provide notice to you of any such claim, suit, or proceeding. Notwithstanding the foregoing, (a) you will have no obligation to indemnify or hold harmless any Leantime Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Leantime Party and (b) Leantime reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Leantime’s defense of such matter. You may not settle or compromise any claim against the Leantime Parties without Leantime’s written consent. 

 

Disclaimer of Warranties

 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE LEANTIME PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

THE LEANTIME PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LEANTIME PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE LEANTIME PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE LEANTIME PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LEANTIME IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). 

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 

 

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

 

Dispute Resolution By Binding Arbitration

 

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

 

  • Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Leantime, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Leantime are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

 

  • Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND LEANTIME AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LEANTIME AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. 

 

  • Pre-Arbitration Dispute Resolution

Leantime is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@leantime.io. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Leantime should be sent to 57 Union St. S #1066, Concord, NC 28025 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Leantime and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Leantime may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Leantime or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Leantime is entitled.

 

  • Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

Unless Leantime and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Leantime agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

 

  • Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Leantime will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Leantime will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Leantime will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

 

  • Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

  • Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

 

  • Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Service to the contrary, Leantime agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Leantime written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

 

Termination

 

You agree that Leantime, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Leantime believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Leantime may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Leantime may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Leantime will not be liable to you or any third party for any termination of your access to the Service.

 

User Disputes

 

You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Leantime will have no liability or responsibility with respect thereto. Leantime reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

 

General

 

These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Leantime governing your access and use of the Service, and supersede any prior agreements between you and Leantime with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Leantime submit to the personal and exclusive jurisdiction of the state and federal courts located within Mecklenburg County, North Carolina. The failure of Leantime to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Leantime, but Leantime may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Leantime will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Leantime’s reasonable control.

 

Notice for California Users

 

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Hyve5 Inc., d/b/a Leantime, 57 Union St. S #1066, Concord, NC 28025, or at support@leantime.io.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?

 
Please contact us at support@leantime.io or 57 Union St. S #1066, Concord, NC 28025 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

 

* * *

Privacy and Cookies

LEANTIME PRIVACY POLICY

Date of Last Revision: Aug 2nd, 2023 

Welcome to Leantime!

Hyve5, Inc., d/b/a Leantime (“Leantime”, “we”, “us”, or “our”) is designed to automate grading and/or reporting of spreadsheets in connection with training and assessments in both the corporate and educational contexts.  We understand and appreciate your concerns about privacy and want you to be familiar with how we collect, use and disclose Personal Information (as defined below).  This Privacy Policy explains what Personal Information we collect, how we use and share that information, and your choices concerning our information practices.

This Privacy Policy governs your (“you” or “Users”) use of leantime.io.com and any other Leantime owned or operated websites (including mobile sites) (collectively, the “Site”), mobile applications, widgets and/or any interactive features other online services controlled by Leantime that post a link to this Privacy Policy or otherwise reference that this Privacy Policy applies to information collected through the site, application or other features or services (all of the foregoing collectively referred to as the “Service”).

This Privacy Policy does not apply to our handling of information collected from other Users, such as companies, educational institutions or other third-parties (collectively, “Businesses”).  Data and information collected through such activities are governed by the Businesses’ privacy policies as well as Leantime’s agreement(s) with such Businesses.  If you have questions about a Business’ privacy practices, please reach out to them directly.

Before using the Service or submitting any Personal Information to Leantime, please review this Privacy Policy carefully and contact us if you have any questions.  By using the Service, you agree to the practices and specifically the collection, disclosure, use and retention of Personal Information described in this Privacy Policy.  If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Service.

  1. Personal Information We Collect
  2. How We Use Personal Information
  3. Sharing And Disclosure of Personal Information
  4. Users Outside of the United States
  5. State Privacy Rights
  6. Children
  7. Links To Other Websites
  8. Security
  9. Your Choices
  10. Changes To the Privacy Policy
  11. Contact Us
  1. PERSONAL INFORMATION WE COLLECT

When you interact with us through the Service, we collect and combine information and data from you, including information that may identify you or otherwise be considered to be “personal information”, “personal data” or “personally identifiable information” under laws that regulate privacy and data protection (“Personal Information”) as follows:

Personal Information You Provide: We collect the following categories of Personal Information from you when you visit the Site, create a Leantime account, subscribe to the Service, or otherwise provide such information to us:

  • Identification Information: We collect your name, phone number, email address, mailing address, job title, username, password, contract preferences, contact or authentication data.
  • Financial Information: Our payment processor(s) will collect and store the financial information necessary to process your payments for our software services, such as your payment card number and authentication details.  We do not process payments for Users in the United States.
  • Communication Information: We may collect information when you contact us with questions or concerns and when you voluntarily respond to questionnaires, surveys or requests for market research seeking your opinion and feedback.  Providing communication information is optional to you.
  • Location Information: Our Service may use location-based services in order to locate you, such as using your zip or postal code, IP address or other geolocation information, so that we may verify your location and/or deliver you relevant content based on your location.
  • Commercial Information: We may retain a history of the products and services you browse and/or purchase using the Service.
  • Social Media Information: We have pages on social media sites like Instagram, Facebook, and Twitter (“Social Media Pages”).  When you interact with our Social Media Pages, we will collect Personal Information that you elect to provide to us, such as your contact details.  In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.  Your posts, comments, replies to and mention of Leantime may be publicly visible, depending on privacy settings.  We do not have control over the privacy and retention of your Personal Information on Social Media Pages, which are governed by the privacy policies of the parties that operate the platforms that host the Social Media Pages.  We have no responsibility or liability for the manner in which the operators of the Social Media Pages collect, use, disclose, secure or otherwise treat your personal Information.

Internet Activity Information: When you visit, use, and interact with the Service, we may receive certain information about your visit, use, or interactions.  For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Service (e.g., Chrome, Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation pattern.  In particular, the following information is created and automatically logged in our systems:

  • Geolocation Information: When browsing our website, we may collect general information regarding your geographic location.
  • Cookies Information: Please see the “Cookies” section below to learn more about how we use cookies.
  • Usage Information: We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities.

Personal Information Collected from Other Sources: We may receive Personal Information, such as contact information and marketing preferences, from other sources, such as educational institutions, third-party partners, and publicly available information.

Derived Information: We may infer your preferences for certain products and services based on the Personal Information we collect about you.

Cookies: We use cookies to operate and administer our Site, gather usage data on our Site, and improve your experience on it.  A “cookie” is a piece of information sent to your browser by a website you visit.  Cookies can be stored on your computer for different periods of time.  Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies).  For more details on cookies please visit All About Cookies.

On most web browsers, you will find a “help” section on the toolbar.  Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off.

Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.

Advertising networks may use cookies to collect Personal Information.  Most advertising networks offer you a way to opt out of targeted advertising.  If you would like to find out more information, please visit the Network Advertising Initiative’s online resources and follow the opt-out instructions there.

If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.

Analytics: We use Google Analytics, a web analytics service provided by Google, Inc.  Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Site.  For more information on how Google uses this information, click here.

Online Tracking and Do Not Track Signals: We and our third-party service providers may use cookies, pixels, or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site and use that information to send targeted advertisements.  Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received.  If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.

  1. HOW WE USE PERSONAL INFORMATION

We may use Personal Information for the following purposes:

  • To provide, operate, and improve the Service and our business;
  • To respond to your inquiries, comments, feedback, or questions;
  • To send administrative information to you, for example, information regarding the Service and changes to our terms, conditions, and policies;
  • To analyze how you interact with our Service;
  • To develop new products and services;
  • To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture, and networks; and
  • To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.

Research and Development: We may aggregate Personal Information and use the aggregated and de-identified information to analyze the effectiveness of the Service, to improve and add features to the Service, gain anonymous insights into product and brand performance on the Service, and for other similar purposes.  In addition, from time to time, we may analyze the general behavior and characteristics of Users and share aggregated information like general user statistics with prospective business partners.

Communications and Marketing: We may use your Personal Information, such as your email address, to contact you to provide the Service and communicate related information.

If you provide your telephone number, you acknowledge and agree that we may contact you, including but not limited to for promotional, informational and other purposes, using SMS text messages, cellular or telephone calls, and push notifications (if applicable) even if you have opted in to the US National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company, and that such messages and calls may be sent using automatic dialing systems or artificial or prerecorded voice messages.

How Long We Keep Your Information:  We will only keep your Personal Information for as long as it is reasonably necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (e.g., tax, accounting, or other legal requirements).  When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize such information, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

If you would like to opt-out of receiving certain communications, see the “Your Choices” section below.

  1. SHARING AND DISCLOSURE OF PERSONAL INFORMATION

In certain circumstances we may share the categories of Personal Information described above without further notice to you, unless required by the law, with the following categories of third parties:

  • Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Information with vendors and service providers, including providers of hosting services, cloud services, and other information technology services providers, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and analytics services.  Pursuant to our instructions, these parties will access, process, or store Personal Information in the course of performing their duties to us.
  • Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, dissolution, sale of all or a portion of our assets, or transition of service to another provider (collectively and each a “Transaction”), your Personal Information and other information may be shared in the diligence process with counterparties and others assisting with a Transaction and transferred to a successor or affiliate as part of or following that Transaction along with other assets.
  • Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (a) comply with a legal obligation, including to meet national security or law enforcement requirements, (b) protect and defend our rights or property, (c) prevent fraud, (d) act in urgent circumstances to protect the personal safety of users of the Service, or the public, or (e) protect against legal liability.
  • Affiliates: We may share Personal Information with our current and future affiliates, meaning an entity that controls, is controlled by, or is under common control with Leantime.  Our affiliates may use the Personal Information we share in a manner consistent with this Privacy Policy.  Affiliates may be located outside the United States of America.
  • Other Users: The Service may contain a community forum and message board where Users are able to create profiles, writings, reviews, photographs, ideas, videos, audio recordings, computer graphics, pictures, data, or other content, including Personal Information (collectively, “User Content”).  The Service may display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you.  Others may have access to this User Content and may have the ability to share it.

4. USERS OUTSIDE OF THE UNITED STATES

For the purposes described in this Privacy Policy, we may transfer your Personal Information from the European Economic Area (EU Member States, Iceland, Liechtenstein and Norway) and/or the United Kingdom to our U.S. office or a third party outside of the EEA or the UK and in a jurisdiction not subject to an adequacy decision of the European Commission or the UK Government, as applicable.  When we transfer your Personal Information to other third parties outside of the EEA or the UK, for example service providers, we will do this in accordance with applicable data protection laws and will take appropriate safeguards to ensure the integrity and protection of your Personal Information wherever processed.  If you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country.  However, we will take all necessary measures to protect your Personal Information in accordance with this Privacy Policy and applicable law.  By providing your Personal Information, you consent to such transfer.

Your Rights in Relation to Your Personal Data Under GDPR and/or UK GDPR

Subject to the applicable provision of the GDPR and/or UK GDPR, you have the following rights with respect to your Personal Information:

  • Right of access (commonly known as a “data subject access request”): If you ask us, we will confirm whether we are processing your Personal Information and, if so, provide you with a copy of that Personal Information along with certain other details.  If you require additional copies, we may need to charge a reasonable fee.
  • Right to rectification: If your Personal Information is inaccurate or incomplete, you are entitled to ask that we correct or complete it.
  • Right to erasure: You may ask us to erase your Personal Information in some circumstances, such as where we no longer need it or you withdraw your consent (where applicable) and there is no other legal basis for processing.
  • Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Information in certain circumstances, such as if you contest its accuracy or object to us processing it.
  • Right to data portability: You have the right to obtain your Personal Information from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and if the processing is carried out by automated means.
  • Right to object: You may ask us at any time to stop processing your Personal Information, and we will do so: (a) if we are relying on a legitimate interest (described above) to process your Personal Information, unless we demonstrate compelling legitimate grounds for the processing or your information is needed to establish, exercise, or defend legal claims; or (b) we are processing your Personal Information for direct marketing and, in such case, we may keep minimum information about you (for example, in a suppression list) as necessary for our and your legitimate interest to ensure your opt out choices are respected in the future and to comply with data protection laws.
  • Right to withdraw consent: If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time, but this will not affect any processing of your information that has already taken place.
  • Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Information, you can report it to the data protection authority that is authorized to hear those concerns (in the United Kingdom, the Information Commissioner’s Office (ICO) at https://ico.org.uk/concerns.

Legal Bases: We may rely on the following legal bases to process your Personal Information:

  • Consent.  We may process your information if you have given us permission to use your Personal Information for a specific purpose.
  • Performance of a Contract.  We may process your Personal Information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Service or at your request prior to entering into a contract with you.
  • Legal Obligations.  We may process your Personal Information when we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your Personal Information as evidence in litigation in which we are involved.
  • Vital Interests.  We may process your Personal Information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

To exercise your rights under the GDPR and/or the UK GDPR, please send us your request as set forth in the “Contact Us” section below.

 

Your Rights in Relation to Your Personal Data if You Are a Resident of Canada

We may process your information inf you have given us specific permission (i.e., express consent) to use your Personal Information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent).  You can withdraw your consent at any time.  In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

  • If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way;
  • For investigations and fraud detection and prevention;
  • For business transactions provided certain conditions are met;
  • If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim;
  • For identifying injured, ill, or deceased persons and communicating with next of kin;
  • If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse;
  • If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province;
  • If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records;
  • If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced;
  • If the collection is solely for journalistic, artistic, or literary purposes; or
  • If the information is publicly available and is specified by the regulations.

To exercise your rights as a Canadian resident, please send us your request as set forth in the “Contact Us” section below.

  1. STATE PRIVACY RIGHTS

Where provided for by law and subject to any applicable exceptions, residents of certain states may have additional rights.  Please see below for the rights associated with certain states.

California Residents

This section of the Privacy Policy applies only to “personal information”, as defined in the California Consumer Privacy Act of 2018 (the “CCPA”), as amended by the California Privacy Rights Act (CPRA) that we collect as a “business” as defined in the CCPA, but does not apply to personal information excluded from the scope of the CCPA.  This section of the Privacy Policy does not apply to you if you are not a California resident or you or are otherwise not entitled to a notice under Section 1798.100 of the CCPA (e.g., because we collect your personal information while interacting with you in your capacity as an employee, controlling owner, director, officer or contractor of an organization while providing or receiving products or services to or from, or performing due diligence on, that organization).  In addition, this section of the Privacy Policy does not apply to personal information covered by a different privacy notice that we give to California residents, such as the privacy notices we give to our job candidates. 

  • Information. You can request the following information about how we have collected and used your personal information during the past twelve months:
    • The categories of personal information that we have collected.
    • The categories of sources from which we collected personal information.
    • The business or commercial purpose for collecting and/or selling personal information.
    • The categories of third parties with whom we share personal information.
    • The categories of personal information that we sold or disclosed for a business purpose.
    • The categories of third parties to whom the personal information was sold or disclosed for a business purpose.
  • Access. You can request a copy of the personal information that we have collected about you during the past 12 months
  • Deletion. You can ask us to delete the personal information that we have collected from you.
  • Nondiscrimination. You are entitled to exercise the rights described above free from discriminatory treatment prohibited by the CCPA.

You may submit a request to exercise your information, access and deletion rights above by contacting us as set forth in the “Contact Us” section below.  We will need to verify your identity to process your requests and we reserve the right to confirm your California residency.  Government identification may be required.  If you wish to designate an authorized agent to make a request on your behalf, we will need to verify both your and your agent’s identities, which may require submission of government identification.  Your agent must also provide valid power of attorney or other proof of authority acceptable to us in our sole discretion.  We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.  In certain cases, we may be permitted by law to deny your request.

Virginia Residents

Under the Virginia Consumer Data Protection Act (DCPA):

“Consumer” means a natural person who is a resident of the Commonwealth of Virginia acting only in an individual or household context.  It does not include a natural person acting in a commercial or employment context.

“Personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person.  “Personal data” does not include de-identified data or publicly available information.

“Sale of personal data” means the exchange of personal data for monetary consideration.

If this definition of “consumer” applies to you, we must adhere to certain rights and obligations regarding your personal data.

Your rights with respect to your personal data:

  • Right to be informed whether or not we are processing your personal data;
  • Right to access your personal data;
  • Right to correct inaccuracies in your personal data;
  • Right to request deletion of your personal data;
  • Right to obtain a copy of the personal data your previously shared with us; and
  • Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects.

We have not sold any personal data to third parties for business or commercial purposes.  We will not sell personal data in the future belonging to website visitors, users, and other consumers.

You may contact us by email as set forth in the “Contact Us” section below.  If you are using an authorized agent to exercise your rights, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.  We may request that you provide additional information reasonably necessary to verify you and your consumer’s request.  If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request.  Upon receiving your request, we will respond without undue delay, but in all cases, within 45 days of receipt.  The response period may be extended once by 45 additional days when reasonably necessary.  We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.

Connecticut Residents

Under the Connecticut Data Privacy Act (CTDPA):

“Consumer” means an individual who is a resident of Connecticut, and does not include an individual acting in a commercial or employment context or as an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, nonprofit or government agency.

“Personal data” means any information that is linked or reasonably linkable to an identified or identifiable individual.  “Personal data” does not include de-identified data or publicly available information.

“Sale of personal data” means the exchange of personal data for monetary or other valuable consideration.

If this definition of “consumer” applies to you, we must adhere to certain rights and obligations regarding your personal data.

Your rights with respect to your personal data:

  • Right to access personal data that we have collected on you;
  • Right to correct inaccuracies in your personal data.;
  • Right to delete your personal data, including personal data that we collected through third parties;
  • Right to obtain a copy of your personal data in a portable and readily usable format that allows you to transfer the data to another controller with ease; and
  • Right to opt-out of: the sale of your personal data; the processing of personal data for the purposes of targeted advertising; and profiling that may have a legal or other significant impact on you.

Colorado Residents

Under the Colorado Privacy Act (CPA):

“Consumer” means an individual who is a Colorado resident acting only in an individual or household context, and does not include an individual acting in a commercial or employment context.

“Personal data” means information that is linked or reasonably linkable to an identified or indefinable individual.  “Personal data” does not include de-identified data or publicly available information.

“Sale of personal data” means the exchange of personal data for monetary or other valuable consideration by a controller to a third party.

If this definition of “consumer” applies to you, we must adhere to certain rights and obligations regarding your personal data.

Your rights with respect to your personal data:

  • Right to determine whether we are processing your personal data;
  • Right to access your personal data;
  • Right to request deletion of your personal data provided by or obtained about you;
  • Right to obtain a copy of your personal data that you previously provided to us; and
  • Right to opt out of having your personal data process for the purposes of:
    • targeted advertising;
    • the sale of personal data; or
    • profiling to further solely automated decisions and decision-making that produce legal or similarly significant effects concerning you.

For more information about the possibility of submitting an opt-out request, please refer to the Your Choices section below, or submit a data subject access request. 

The information we collect, use, and disclose about you will vary depending on how you interact with the [Services].  To find out more please visit the following sections of this Privacy Policy: Personal Information We Collect, How We User Personal Information, and Sharing and Disclosure of Personal Information.  If you would like to exercise any of these rights, you may do so by contacting us as set forth in the “Contact Us” section below.  After we receive your request, we may request additional information from you to verify your identity.  Your authorized agent may submit requests in the same manner, although we may require the agent to present signed written permission to act on your behalf, and you may also be required to independently verify your identity with us and confirm that you have provided the agent permission to submit the request.

  1. CHILDREN

We do not intentionally collect Personal Information from individuals in the U.S. who are under the age of 13.  If a child under 13 submits Personal Information to Leantime and we learn that the Personal Information is the information of a child under the age of 13, we will attempt to delete the information as soon as possible.  If you believe that we might have any Personal Information from a child under the age of 13, please contact us as set forth in the “Contact Us” section below.

  1. LINKS TO OTHER WEBSITES

The Service may contain links to other websites and services not operated or controlled by Leantime, including Dispensaries and social media services (“Third Party Services”).  The information that you share with Third Party Services will be governed by the specific privacy policies and terms of service of the Third Party Services and not by this Privacy Policy.  By providing these links we do not imply that we endorse or have reviewed these Third Party Services.  Please contact the Third Party Services directly for information on their privacy practices and policies.

  1. SECURITY

You use the Service at your own risk.  We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.  However, no Internet or e-mail transmission is ever fully secure or error free.  In particular, e-mail sent to or from us may not be secure.  Therefore, you should take special care in deciding what information you send to us via the Service or e-mail.  Please keep this in mind when disclosing any Personal Information to Leantime via the Internet.  In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or Third Party Services.

  1. YOUR CHOICES

In certain circumstances providing Personal Information is optional.  However, if you choose not to provide Personal Information that is needed to use some features of our Service, you may be unable to use those features.  You can also contact us to request updates or corrections to your Personal Information.  If you have questions or concerns about other Personal Information collected by us, or are unable to use your Leantime account and would like assistance accessing that information, please contact us as set forth in the “Contact Us” section below.

You may opt out of marketing-related communications by following the opt out or unsubscribe instructions contained in the marketing communication we send you, or by updating your settings through your account.  If you unsubscribe from our marketing lists, you will no longer receive marketing communications from us but we will continue to contact you to provide the Service, regarding management of your account, other administrative matters, and to respond to your requests.

  1. CHANGES TO THE PRIVACY POLICY

The Service and our business may change from time to time.  As a result, we may change this Privacy Policy at any time.  When we do, we will post an updated version on this page, unless another type of notice is required by applicable law.  By continuing to use our Service or providing us with Personal Information after we have posted an updated Privacy Policy, you consent to the revised Privacy Policy and practices described in it.

  1. CONTACT US

If you have any questions or complaints about our Privacy Policy or information practices, would like to request a version of this notice in an accessible format, or would like to contact us in regards to any of the topics discussed above, please feel free to contact us at our designated request address: support@leantime.io.