1. What is Personal Information?

“Personal Information” is information that, either alone or in combination with other information, identifies you. Examples of Personal Information include, among others, name, email address, phone number, and mailing address. When we combine Personal Information with other information, we treat the combined information as Personal Information.

Please note that this Privacy Policy may not apply to the extent that we process Personal Information in the role of a processor (or comparable role such as “service provider” in certain jurisdictions) on behalf of our customers, including where we offer to our customers various cybersecurity products and services, through which our customers make Personal Information of their customers, employees and vendors available to Level Up. In the aforementioned cases, the customer, not Level Up, controls what information they collect from you and provide to Level Up. Level Up does not leverage machine learning or artificial intelligence tools when processing Personal Information in the role of a controller. For information about Level Up’s customers who use your Personal Information, and whether they leverage machine learning or artificial intelligence tools when processing Personal Information please reach out to such customer directly.

a. Information that You Provide Us

• Contact Information: In various places on the Site, we request information, including Personal Information, from you. The exact information we need to collect will depend on the purpose of the form. For example, when you complete the contact form on the Site, we ask for your full name, company email address, work phone number, job title, work industry, and country. We will indicate when you attempt to submit a form whether a particular field of information is mandatory or optional. If you choose not to provide certain information, we may not be able to provide requested services.
• Prospective Applicant Information: Please see Level Up Solution’s Job Applicant Privacy Notice for how Personal Information related to prospective job applicants is collected and processed.
• Location Data: While navigating our Site, your mobile device or browser may share your location data, both through WiFi and GPS. We will collect this information based on the settings of your phone and browser, or if you decide to use certain features on our Site which utilize your location.
• Usage Information and Websites and Log Information: The collection of this information is further described in the “Cookies and Tracking Technologies” subsection below.
• Social Media: Our Site may link to our pages or accounts on third party social media networks (“social media”), and may use social media plug-ins which, if you click on them, transmit certain personal information to the applicable social media site. If you choose to interact with us on social media, we may collect the information you publish or submit. Note that this information is also governed by the privacy policies of the respective companies offering the social media service.
• Virtual Event or Meetings: If you attend an Level Up in-person or virtual event or meeting, we may record some or all of that event or meeting. We use this information for business and marketing purposes to better inform the public about Level Up and its events.

We use Personal Information for purposes of:

• Enabling secure use of the Site;
• Providing, analyzing, administering, and improving the Site and our products, services and operations;
• Research and development;
• Sending information at your request;
• Sending information about our products and services that we believe you and your organization may find useful;
• Responding to inquiries;
• Conducting surveys to gather feedback on our services or Site;
• Marketing and advertising our and our partners’ products and services;
• Publishing comments on our blogs (including the name, but not the email address, associated with the author);
• Publishing testimonials on the Site;
• Recruiting and hiring personnel;
• Protecting our rights or our property;
• Meeting legal obligations; and
• For other purposes related to the reasons for which you provide Personal Information.

b. Information We Receive from Your Use of the Site

We collect the following types of information automatically through your use of the Site:

Cookies, Device Identifiers, and Similar Technologies

When you use or access the Site, we, our service providers, and our advertisers use cookies, device identifiers, and similar technologies such as pixels, web beacons, and local storage to collect information about how you use the Site. For more information, please see our Cookie Policy.

We process the information collected through such technologies to help operate certain features of the Site, to enhance your experience through personalization, and to help us better understand the features of the Site that you and other users are most interested in

Some of our service providers may use cookies or other methods to gather information regarding your use of the Site, and may combine the information in these cookies with any Personal Information about you that they may have. The use of such tracking information by a third party depends on the privacy policy of that third party. We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.

Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Site may not be available or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings.

• Log File Information

When you use our Site, our servers automatically record information, including your Internet Protocol address (“IP Address”), browser type, referring URLs (e.g., the site you visited before coming to our Site), number of clicks, and how you interact with links on the Site, domain names associated with your internet service provider, pages viewed, and other such information (collectively, “Log File Information”). We may also collect similar information from emails sent to you which then help us track which emails are opened and which links are clicked by recipients. We use Log File Information to help secure the Site by identifying potential threats and vulnerabilities, and to analyze the effectiveness of our Site to help improve the Site’s function and content.

• Remarketing

Level Up uses remarketing of Google AdWords (aka Google Ads) and Microsoft Advertising. This could be in the form of an advertisement on a search results page or a site in the Google Display Network or Microsoft Advertising Network (MSAN). This could also mean that we advertise to previous visitors who have not completed a task on our site, for example using the contact form to make an inquiry.

Third-party vendors, including Google and Microsoft, use cookies to serve ads based on someone’s past visits to the various websites. Google AdWords and Microsoft Advertising remarketing allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you. Any data collected will be used in accordance with Level Up’s Privacy Policy, Google’s privacy policy, or Microsoft’s privacy policy respectively.

Level Up uses third parties to display advertising on our website or to manage our advertising on other sites. Our third-party partners may place their own cookies on their websites in order to serve advertisements that may be relevant to you based on your browsing activities and interests, and to determine the effectiveness of such advertisements. The third party partners (and their privacy policy) we may share our cookies with for advertising include Facebook (https://www.facebook.com/policy.php), Twitter (https://twitter.com/en/privacy), Google (https://policies.google.com/?hl=en), Microsoft (https://privacy.microsoft.com/en-us/privacystatement) and LinkedIn (https://www.linkedin.com/legal/privacy-policy).

If you do not wish to see such ads from Level Up you can opt out of Google’s use of cookies or device identifiers by visiting Google Ads Settings page at http://www.google.com/settings/ads, and you can opt out of Microsoft’s use of cookies or device identifiers by visiting https://account.microsoft.com/privacy/ad-settings. You may also opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page at https://www.networkadvertising.org/managing/opt_out.asp.

• Information We Receive from Others

We may receive Personal Information about you from your friends or colleagues who, through a “forward-to-a-friend” feature on the Site, invite you to visit the Site or to view certain content. We use this information to send you a one-time message inviting you to visit the Site and to track the success of our referral program.

We will not disclose Personal Information except as set forth in this Privacy Policy or with your consent. This section describes to whom we disclose Personal Information, and for what purposes:

• Our Service Providers. We engage service providers or business partners to perform tasks on our behalf and to assist us in providing the Site or our services. Some of these third parties may need to access to Personal Information to perform their services. For example, we engage third parties to assist us with hosting the Site, sponsoring events, analyzing our Site traffic, and marketing our services online. These third parties also assist with comprehensive data analytics and managing our customer contacts.
• Our Business Partners. If you opt in to receive notifications, promotions, or other information via email, text message, phone call, or postal mail (“Communications”), we share your contact information with our business partners to send you Communications relating to their products and services. Please see the Opt-Out Section of this Privacy Policy for information on how to stop receiving such Communications. Further, we share your Personal Information, such as contact information, business details, and content interest and activity details, with our partners for business purposes, such as to carry out our business or for joint marketing efforts to reach our customers and prospective customers. In many cases, you intentionally disclose your details by providing your information to these sponsors and partners through consent via a registration form. You can view a list of major current partners on https://levelupsecuritysolutions.com/partners
• In-Person and Virtual Business and Events. If you participate in Level Up Solution’s in-person or virtual events or otherwise do business with Level Up personnel, we may share your contact information with our business partners, vendors and sponsors, and perform business analytics and send you Communications relating to Level Up and its business partners’ and sponsors’ products and services. Please see the Opt-Out Section of this Privacy Policy for information on how to stop receiving such Communications. We collect this information from you either in person at our marketing booth or online via a registration process.
• Companies Involved in Mergers and Acquisitions Transactions. If we sell or otherwise transfer part or the whole of our business or assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, or liquidation), any information collected through the Site, including Personal Information, may be among the items sold or transferred.
• Law Enforcement, Government Agencies, and Courts: We may disclose Personal Information at the request of law enforcement or government agencies or in response to subpoenas, court orders, or other legal process to establish, protect, or exercise our rights or to defend against a legal claim or as otherwise required or allowed by law, or to protect the rights, property, or safety of any other person. We may also disclose Personal Information to investigate or prevent a violation by you of any contractual or other relationship with us or your illegal or harmful activity.
• Affiliates. We may disclose some or all of your Personal Information to our affiliates located in Canada and/or India, in which case we will require our affiliates to comply with this Privacy Policy.

We use commercially reasonable safeguards, such as industry-standard encryption technology (e.g., Secure Socket Layer (SSL) protocol), to help keep the information collected through the Site secure. Despite these efforts to store Personal Information in a secure operating environment that is not available to the public, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.

We do not knowingly collect or solicit any Personal Information from children or minors (under the age of 18). In the event that we learn that we have collected Personal Information from a child without parental consent, we will promptly take steps to delete that information.

In addition to other rights you may have depending on where you reside (as described below), you can request that we correct, update, or delete your Personal Information by emailing a request to us at privacy@levelupsecuritysolutions.com. We will promptly process such requests in accordance with applicable law.

With your permission, we and our business partners may send you Communications. You may choose to stop receiving Communications by indicating your preference in your account profile or settings. You may also follow the unsubscribe instructions in any Communication you receive. You may also send a global unsubscribe request, and/or request to opt out of the sale of your Personal Information, by emailing such request to privacy@levelupsecuritysolutions.com. Please note that certain Site-related Communications are necessary for the proper functioning and use of the Site and you may not have the ability to opt out of those Communications.

We will retain your Personal Information for the period necessary to fulfill the purposes for which your Personal Information has been collected as outlined in this Privacy Policy unless a longer retention period is required by law.

In this section, we provide additional information relating to how we process Personal Information of individuals in the EU, the UK, Canada and other relevant jurisdictions in accordance with the GDPR, the UK GDPR, Quebec’s Bill 64 and other relevant privacy laws. If you need more information or would like to exercise your rights under the aforementioned laws, you may contact us at privacy@levelupsecuritysolutions.com.

a. Legal Basis for Processing

To the extent required by applicable law in the jurisdictions mentioned above in this Section 10, our legal basis for processing the Personal Information described in this Privacy Policy will depend on the Personal Information concerned and the context in which we collect it. We collect and use Personal Information from you:

• where we need it to perform a contract with you;
• where the processing is in our legitimate interests (including the purposes described, above, in Section 2, How We Use Personal Information);
• if we need to comply with a legal obligation; or
• if we otherwise have your consent.

b. Your Rights and Choices

Depending on applicable law and subject to certain exemptions, you may have the right to:

• Request access to Personal Information about you.
• Request correction of the Personal Information that we hold about you.
• Request erasure of Personal Information about you. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Correct (rectify) your Personal Information. Under certain circumstances, you may have the right to request that we amend or update inaccurate or incomplete Personal Information about you.
• Object to processing of Personal Information about you where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing.
• Request restriction of processing of Personal Information about you. You can ask us to suspend the processing of Personal Information in the following scenarios: (a) if you want us to establish the Personal Information’s accuracy; (b) where our use of Personal Information is unlawful but you do not want us to erase it; (c) where you need us to hold the Personal Information even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of Personal Information but we need to verify whether we have overriding legitimate grounds to use it.
• Right to the Data Portability of your Personal Information. Under certain circumstances, you may have the right to request a copy of your Personal Information in an electronic format and further request that we send such Personal Information to another party.
• Withdraw consent at any time where we are relying on consent to process Personal Information about you.
• Update your Communication and Opt-Outs Preferences. You may have the right to stop receiving marketing communications from us at any time by contacting privacy@levelupsecuritysolutions.com.
• Right to Lodge a Complaint with the applicable supervisory authority.

If you wish to exercise any of these applicable rights, please contact us at privacy@levelupsecuritysolutions.com. You have a right to lodge a complaint with a supervisory authority if you believe that we have violated any of your rights concerning Personal Information. We encourage you to first reach out to us at privacy@levelupsecuritysolutions.com, so we have an opportunity to address your concerns directly before you do so.

We have appointed IT Governance Europe Limited to act as our EU representative, and GRCI Law Limited to act as our UK Representative. If you wish to exercise your rights under the GDPR or the UK GDPR, or have any queries in relation to your rights or privacy matters generally, you may email our EU representative at eurep@itgovernance.eu or our UK representative at ukrep@grcilaw.com. Please include Level Up’s name in any correspondence you send to our respective representatives.

Individuals accessing the Site who are California residents should also review Section 11 (Your California Rights) for specific details on their rights.

c. International Data Transfers

If you are using the Sites from outside the United States, please be aware that Personal Information will be transferred to, stored, and processed in the United States of America, Canada and/or India as well as to countries in which Level Up’s Sub-Processors are located. Although we take steps to provide adequate safeguards, the data protection laws of the United States of America, Canada or India might not be as comprehensive as those in your country. Some of the countries where your Personal Information may be processed, including the United States, are not subject to an adequacy decision by the European Commission or your local legislature and/or regulator, and may lack data protection laws as comprehensive as or may not provide the same level of data protection as your jurisdiction.

Where Personal Information is transferred to a country outside of the EEA that is not considered to provide adequate protections for Personal Information, such Personal Information will be transferred using the latest version of the European Union and / or United Kingdom’s Standard Contractual Clauses.

We endeavor to apply suitable safeguards to protect the privacy and security of Personal Information transferred to us, and to use it in accordance with the practices described in this Privacy Policy.

Subject to certain exceptions, this Section applies to our collection and use of Personal Information of residents of California, as required by the California Consumer Privacy Act and its implementing regulations (“CCPA”), where “Personal Information” has the meaning set forth in the CCPA. This section describes (1) the categories of your Personal Information collected and disclosed by us, subject to CCPA, (2) your privacy rights under CCPA, and (3) how to exercise such rights.

To receive a copy of this section in an alternate format (e.g., printable) or language, please contact us using the information provided below.

We Do Not Sell Personal Information. In the last 12 months we do not believe that we have sold Personal Information and we do not believe we currently sell Personal Information.

Use of Sensitive Personal Information. We do not believe we use or disclose sensitive Personal Information.

Personal Information Collected. We have collected the following categories of Personal Information from consumers within the last 12 months:

b. Your Privacy Rights Under California Law

Subject to certain exceptions, California residents may have the following rights with respect to their Personal Information:

c. How to Exercise Your California Privacy Rights

Only you, or a person properly authorized to act on your behalf, may make a request related to your Personal Information.

The request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
• Be described with sufficient detail to allows us to properly understand, evaluate, and respond to it.

We may deny certain requests, or only fulfill some in part, as permitted or required by law. For example, if you request to delete Personal Information, we may retain Personal Information to the extent required by applicable law.

To exercise your California rights described in this section, please contact us at privacy@levelupsecuritysolutions.com or call us at (800) 574-0896.

Verification. We may be required to verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process, and we will only use Personal Information provided in a request to verify the requestor’s identity. If you are an authorized agent making a request on behalf of a California resident, we may also need to verify your identity and authorization. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us.

Fees. We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination. Level Up will not discriminate against you in the event you exercise any of the aforementioned rights under the CCPA, including, but not limited to, by:

• denying goods or services to you;
• charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• providing a different level or quality of goods or services to you; or
• suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Complaints. The CCPA gives California Consumers the right to lodge a complaint with the California Attorney General’s office. The Attorney General’s office may be contacted at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by telephone at: (916) 210-6276.

Accessibility. The Notice is provided using Website Content Accessibility Guidelines and therefore is available to consumers with disabilities. To request access to this Notice in an alternative format, please email privacy@levelupsecuritysolutions.com.

In your request, please attest to the fact that you are a California resident and provide a current California address for our response.

California Shine the Light Law:

Under California Civil Code Section 1798.83, individual customers who reside in California and who have an existing business relationship with us may request information about our disclosure of certain categories of Personal Information to third parties for the third parties’ direct marketing purposes, if any.

To make such a request, please contact us using the information in the Contact Us Section. Please be aware that not all information sharing is covered by these California privacy rights requirements and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year.

We are not responsible for the practices employed by any websites or services linked to or from our Site, including the information or content contained within them. A link to a third party’s website should not be construed as an endorsement. We encourage you to investigate and ask questions before disclosing Personal Information to third parties.

This Privacy Policy is subject to change without notice. If at any point, we decide to use Personal Information in a manner materially different from that stated at the time it was collected, we will notify you via email of the changes to our Policy. In such cases, you will have a choice as to whether or not we use your Personal Information in this different manner.

For further information, please contact us.
Level Up c/o Level Up Security Inc.
1144 15th Street, Suite 2900
Denver, CO 80202
USA
Phone: (800) 574.0896
Fax: (303) 298.0868
Email: privacy@levelupsecuritysolutions.com