iPEC SCOPE
Last Updated February 9, 2022
iPEC
SCOPE APPLICATION: Terms of Use - USERS
The Specific Current Operational Profile of
Energy (hereinafter “SCOPE”) is a
personal assessment Application developed for Android and iOS Devices created
by iPEC Perfect Creation, LLC d/b/a iPEC
Coaching, (hereafter “iPEC”). PRIOR TO DOWNLOADING AND/OR USING THE SCOPE
APPLICATION YOU MUST AGREE TO THE TERMS OF USE AS SET FORTH BELOW. PLEASE READ
THE TERMS OF USE CAREFULLY. By clicking the "I
Agree" button, downloading or using the SCOPE application, you are
agreeing to be bound by the terms and conditions of this Agreement. If you do
not agree to the terms of this Agreement, do not click on the "I
Agree" button and do not download or use the SCOPE Software and Application.
TERMS OF
USE AGREEMENT
This is a Terms of Use Agreement
(“Agreement”) between you and iPEC regarding the use of the SCOPE
Application and associated software, and information and applications within
the SCOPE Application (collectively “SCOPE”). iPEC grants you a revocable,
nonexclusive, nontransferable, limited license to download, install the
software to support SCOPE and use the SCOPE Application solely for your
personal, noncommercial purposes strictly in accordance with the terms of this
Agreement.
1. Our
Use of Data to Provide the Service. iPEC may use,
access, and retain user data in order to provide the SCOPE Application and
Assessments to you and to enforce the terms of the Agreement; you expressly
grant iPEC all necessary permissions to do so. These permissions include, for
example, the rights to copy your data for backup purposes, modify user data to
enable access in different formats, and access user data to provide technical
support. iPEC respects your privacy, and your data are subject to iPEC’s Privacy Policy (See Paragraph 10 below).
When you select Facebook as the sign in
mechanism, we collect your user Facebook ID, Email, First Name, and Last Name
for authentication and registration purposes. When you select Google as the
sign in mechanism, we collect your user Google ID, Email, First Name, and Last
Name for authentication and registration purposes.
2.
Intellectual Property of iPEC. SCOPE and all digital
content pre-loaded into the SCOPE Application, and any and all applications
which form part of the SCOPE Application, including, but not limited to, the
SCOPE Assessment, are the intellectual property of iPEC. This content may not
be reproduced in any manner without the express written consent of iPEC.
3.
Trademarks. The trademarks, logos, service marks and trade names (collectively,
the “Trademarks”) displayed on, within or through the SCOPE Application, are
registered and unregistered Trademarks of iPEC and may not be used unless
authorized by iPEC. iPEC will enforce its Trademark rights to the fullest
extent of the law.
4.
Proprietary Rights. As between you and iPEC, iPEC owns,
solely and exclusively, all rights, title and interest in and to SCOPE, all the
content, code, data and materials which comprise SCOPE, and the look and feel,
design and compilation and organization thereof, including, but not limited to,
any copyrights, trademark rights, patent rights, database rights, moral rights
and other intellectual property and proprietary rights therein. Your use of
SCOPE does not grant you ownership of any content, code, data, or materials
that you may access through use of SCOPE.
5. Limits
On Use Of SCOPE Software. We may make available to
you software for your use in connection with SCOPE (the
"Software"). Prohibited Use. You
may not commercially distribute, publish, or exploit the SCOPE Software, or any
content, code, data, or materials on or within the SCOPE Software, unless you
have received the express written approval of iPEC. You may not download,
display, copy, reproduce, distribute, modify, perform, transfer, create
derivative works from, sell, or otherwise exploit any content, code, data, or
materials which comprise the SCOPE Software and its Application. iPEC will
strictly enforce its intellectual property rights to the fullest extent of the
law.
You agree not to, and you will not permit
others to license, rent, lease, assign, distribute, transmit, host, outsource,
disclose, or otherwise commercially exploit the SCOPE Software or make any part
of SCOPE available to any third party. You further agree that you will only use
the SCOPE Software, SCOPE Application and its contents, including, but not
limited to, the SCOPE Assessments, for your own personal use.
6.
Purpose of SCOPE. The SCOPE Application and the
individual SCOPE Assessments are designed to enable you, as the user, to assess
your current energy level at any given moment. The results of the SCOPE
Assessments are based upon your individual responses to specific questions,
which questions may or may not be pertinent to any or all situations. iPEC
cannot, and does not, guarantee the accuracy of any SCOPE Assessment.
7. Using
SCOPE. You may only use the SCOPE Application, and the SCOPE
Assessment, to assess your current energy level at the time you take each SCOPE
Assessment. You will be able to retrieve the results of prior SCOPE
Assessments, and use the features available through the SCOPE Application. You
may not use SCOPE to store, transfer or distribute content of SCOPE or on
behalf of third parties to operate your own file storage application or
service, or to resell any part of the SCOPE Software which comprises the SCOPE
Application, or any application contained therein. You are solely responsible
for the content and information you provide when using the SCOPE Application
and its features, and for complying with all applicable copyright and other
laws, including import and export control laws and regulations, and with the
terms of any licenses or agreements to which you are bound. You must ensure
that the device upon which you download the SCOPE application is and remains
free from any malware, viruses, Trojan horses, spyware, worms, or other
malicious or harmful code.
8. Your Data. All
data you enter into the SCOPE Application and/or any SCOPE Assessment is owned
by you. Please refer to Paragraph 10 below for information on how iPEC
processes personal data that you enter into the SCOPE Application and/or any SCOPE
Assessment.
9.
Sharing Your Data With an iPEC Certified Professional Coach. The
SCOPE Application provides features that allow you to share the results of your
SCOPE Assessments with iPEC Certified Professional Coaches (“Coach”). You are
solely responsible for how you share your data and who may access the data that
you share. In the event that you choose to connect with and/or share your data,
including the results of any SCOPE Assessment, with any Coach, iPEC is not
liable, in any way, for your decision to connect with and/or share your data
with any Coach. iPEC does not guarantee or warrant the results of any
consultation with or relationship formed between you and any Coach. The SCOPE
Application merely grants you the opportunity to connect with a Coach, if you
choose to do so. By connecting with or forming a coaching relationship with an
iPEC Certified Professional Coach, you expressly agree that iPEC is not
responsible and cannot be held liable for any damages whatsoever, in any form,
including negligence, arising out of or related to any communication with, or
sharing of your data with, any Coach chosen by you through the SCOPE
Application. Please refer to any information that your Coach may have provided
to you, such as a privacy policy, to learn how your Coach uses personal data
that you share with that Coach.
10. European Users
Scope. This
section applies to individuals in the EU and in the United Kingdom (UK) (for
these purposes, reference to the EU also includes the European Economic Area
countries of Iceland, Liechtenstein, and Norway and, to the extent applicable,
Switzerland).
Data Controller. iPEC
Coaching and its authorized licensees process your Personal Data provided in
connection with the operation of the Programs as joint data controllers. iPEC
Coaching also acts as a data controller when we process data relating to our
users’/coaches’ use of our services, including statistical usage data derived
from the operation of our services, data regarding configurations, log data,
filtering choices and information regarding the performance results for the
services. Any questions relating to this Privacy Policy, including exercising
the rights described below, should be directed to iPEC Coaching (please see
relevant contact information, and the contact information of our EU-based
representative, in the “Contact
Us” section below).
We act as a data processor on
behalf of our coaches for the processing of Personal Data provided by coaches’
clients when taking an Assessment. If you are a client of one of our coaches,
please contact that coach to exercise the rights described below.
Your Rights. Pursuant
to the European Union General Data Protection Regulation (or GDPR), you have
the following rights in relation to your Personal Data, under certain
circumstances:
·
Right of access: If you
ask us, we will confirm whether we are processing your Personal Data and, if
so, provide you with a copy of that Personal Data along with certain other
details. If you require additional copies, we may need to charge a reasonable
fee.
·
Right to rectification: If
your Personal Data is inaccurate or incomplete, you are entitled to ask that we
correct or complete it. If we shared your Personal Data with others, we will
tell them about the correction where possible. If you ask us, and where
possible and lawful to do so, we will also tell you with whom we shared your
Personal Data so you can contact them directly.
·
Right to erasure: You
may ask us to delete or remove your Personal Data, such as where you withdraw
your consent. If we shared your data with others, we will tell them about the
erasure where possible. If you ask us, and where possible and lawful to do so,
we will also tell you with whom we shared your Personal Data with so you can contact
them directly.
·
Right to restrict processing: You may
ask us to restrict or ‘block’ the processing of your Personal Data in certain
circumstances, such as where you contest the accuracy of the data or object to
us processing it (please read below for information on your right to object).
We will tell you before we lift any restriction on processing. If we shared
your Personal Data with others, we will tell them about the restriction where
possible. If you ask us, and where possible and lawful to do so, we will also
tell you with whom we shared your Personal Data so you can contact them
directly.
·
Right to data portability: You have
the right to obtain your Personal Data from us that you consented to give us or
that was provided to us as necessary in connection with our contract with you,
and that is processed by automated means. We will give you your Personal Data
in a structured, commonly used and machine-readable format. You may reuse it
elsewhere.
·
Right to object: You
may ask us at any time to stop processing your Personal Data, and we will do
so:
o If we are
relying on a legitimate interest to process your Personal Data, unless we
demonstrate compelling legitimate grounds for the processing or your data is
needed to establish, exercise or defend legal claims;
o If we are
processing your Personal Data for direct marketing. We may keep minimum
information about you in a suppression list in order to ensure your choices are
respected in the future and to comply with data protection laws (such
processing is necessary for our and your legitimate interest in pursuing the
purposes described above);
·
Right to withdraw consent: If we
rely on your consent to process your Personal Data, you have the right to
withdraw that consent at any time. Withdrawal of consent will not affect any
processing of your data before we received notice that you wished to withdraw
consent.
·
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 Data, you can report it
to the data protection authority that is authorized to hear those concerns.
Please see the “Contact Us” section
below for information on how to exercise your rights.
Legitimate Interest.
“Legitimate interests” means our interests in conducting our business and
developing a business relationship with you. This Privacy Policy describes when
we process your Personal Data for our legitimate interests, what these
interests are and your rights. We will not use your Personal Data for
activities where the impact on you overrides our interests, unless we have your
consent or those activities are otherwise required or permitted by law.
Data Transfers. iPEC is
based in the United States. Personal Data collected through the Site and the
App will be stored on and transferred to the offices of iPEC and its authorized
third-party business vendors located globally, including in the United States
and Canada, for the purposes described in this Privacy Policy. Please note that
some of these countries may have data protection laws less stringent than or
otherwise different from the laws in effect in the EU, the UK, or Switzerland.
Canada has been considered by the European Commission to provide an adequate
level of protection for personal data (Commission’s Decision 2002/2/EC).
Before July 16, 2020, we relied
on our EU-U.S. Privacy Shield certification to transfer Personal Data that we
receive from the EU and the UK to iPEC in the U.S. On July 16, 2020, the
European Court of Justice ruled that the EU-U.S. Privacy Shield is no longer
available for these data transfers. In light of this, iPEC no longer participates
in the Privacy Shield. For data transfers from July 16, 2020 onwards we instead
rely on Standard Contractual Clauses approved by the European Commission to
transfer Personal Data we receive from our EU-based authorized licensees.
Transfers of your Personal Data to iPEC to the United States are also necessary
to perform the agreement we have entered into, or are about to enter into, with
you or otherwise in your interests. However, we will continue to protect all
data transferred to us under the Privacy Shield before July 16, 2020 in
accordance with the principles of the Privacy Shield.
Please read iPEC’s Privacy Policy for
more information regarding what data we collect, how we use and share that
data, and your choices concerning our data practices.
11.
Changes, Modifications and Corrections. iPEC
reserves the right to change, modify or make corrections to any of the
applications, information or services provided on, by or through SCOPE at any
time and without prior warning.
12.
Termination. iPEC may terminate, change, suspend, or discontinue any
aspect of SCOPE and/or services provided through SCOPE at any time. iPEC may
restrict, impose limits on, suspend, or terminate your access to the site and
service, and features thereof, at any time and for any or no reason, suspend or
terminate this Agreement with or without notice to you. This Agreement will
terminate immediately, without prior notice from iPEC, in the event that you fail
to comply with any provision of this Agreement. You may also terminate this
Agreement by deleting the Application and all copies thereof from your mobile
device. Upon termination of this Agreement, you shall cease all use of the
Application and delete all copies of the Application from your mobile device or
from your desktop
13. No
Guarantees. iPEC cannot, and does not, guarantee the correctness,
precision, thoroughness, or completeness of any of the information available on
the site; this includes, but is not limited to, any SCOPE assessment taken by
you, nor will iPEC be liable for an inaccuracy or omission concerning any of
the information provided on, by, or through SCOPE.
14.
Disclaimer of Warranties. The SCOPE Software,
Application, site, contents, functions and materials are provided "as
is", "as available", and without warranty of any kind, either
express or implied, including without limitation, any warranty for information,
data, data processing services, uptime or uninterrupted access, any warranties
concerning the availability, accuracy, usefulness, or content of information on
the site, and any warranties of title, non-infringement, merchantability, or
fitness for a particular purpose. iPEC hereby disclaims any and all such
warranties, express or implied. No advice, results or information, whether oral
or written, obtained by you from us or through the site shall create any
warranty.
15.
Limitations of Liability. In no
event, including but not limited to negligence, shall iPEC, its owners, officers,
employees, contractors or agents, content, or service providers (collectively, “The
Protected Entities”) be liable for any direct, indirect, special, incidental,
consequential, exemplary, or punitive damages arising from, or directly or
indirectly related to the use of, or the inability to use, the site or the
content, materials and functions related thereto, your provision of information
via the site, lost business or lost sales. Certain
jurisdictions may prohibit some or all of the above noted limitations; however,
in no event, shall the total aggregate liability of the Protected Entities to
you for all damages, losses, and causes of action (whether in contract or tort,
including but not limited to, negligence or otherwise) arising from the terms
of service or your use of the site exceed, in the aggregate, the amount, if
any, paid by you to iPEC for your use of the site and service (for a the period
of no more than the prior 12 months) or the purchase of products or services
via the site.
16.
Indemnification of iPEC. You agree to defend, indemnify,
and hold iPEC, its owners, officers, employees, contractors, and agents
harmless from any and all claims, liabilities, costs, and expenses, including
reasonable attorney fees, arising in any way from your use of the SCOPE
Software, SCOPE Application, SCOPE Assessments, and use of the information
available through the SCOPE Application, your placement or transmission of any
message, content, information, software, or other materials through the site,
or your breach or violation of the law or of these Terms of Use. We reserve the
right, at our own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, and in such case, you agree
to cooperate with our defense of such claim.
17.
Disputes/Binding Arbitration. By downloading and/or using
SCOPE or any application thereof, you agree to submit any dispute or claim
arising from or relating to the Agreement or the use of SCOPE, which cannot be
settled privately between you and iPEC, to be settled through binding
arbitration administered by the American Arbitration Association (“AAA”) under
its Commercial Arbitration Rules. The parties shall agree to a single
arbitrator from the approved list of Arbitrators provided by the AAA. In the
event that the parties cannot agree on a single arbitrator, each party will
choose one arbitrator from the list of approved arbitrators, and the two (2) chosen
arbitrators will choose a third arbitrator. The place of arbitration shall be
the State of New Jersey, in the United States of America. New Jersey law shall
apply. All decisions rendered through arbitration are final and cannot be
appealed. Judgment on the award rendered by the arbitrator(s) may be entered in
any court having jurisdiction thereof.
18.
Notice of Dispute. In the event of a dispute, you must
give iPEC a Notice of Dispute, which is a written statement of the name,
address, and contact information of the party giving it, the facts giving rise
to the dispute, and the relief requested. Send it by U.S. Mail to: iPEC Coaching, 149 Avenue at the Common, Suite 202, Shrewsbury,
New Jersey 07702. You will attempt to resolve any dispute
through informal negotiation with iPEC within 60 days from the date the Notice
of Dispute is sent. After 60 days, you may commence arbitration, subject to the
terms of this Agreement.
19. Class
Action Waiver. Any proceedings to resolve or litigate any dispute in any
forum will be conducted solely on an individual basis. You agree that you will
not seek to have any dispute heard as a class action, private attorney general
action, or in any other proceeding in which either party acts or proposes to
act in a representative capacity. No arbitration or proceeding will be combined
with another without the prior written consent of all parties to all affected
arbitrations or proceedings.
20.
Governing Law and General Provisions. This
Agreement shall be governed and construed under the laws of the State of New
Jersey, United States of America, without regard to conflict of law rules. This
Agreement is the entire Agreement between you and iPEC with respect to SCOPE,
and supersedes any communication, advertisement, or representation regarding
SCOPE. This Agreement shall be binding upon and inure to the benefit of you and
iPEC and their respective successors, assigns and legal representatives.
21.
Severability. If any provision of this Agreement is held to be
unenforceable or invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest extent possible
under the laws of New Jersey and the remaining provisions will continue in full
force and effect.
22.
Amendments to Terms of Use Agreement. iPEC reserves the right, at its sole
discretion, to modify or replace the Terms of Use which form this Agreement at
any time. If a revision is material we will provide at least 30 days' notice
prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
23. Contact Us. If you
have any questions about this Agreement, please contact us at privacy@ipeccoaching.com or by
post at:
iPEC
Coaching
149
Avenue at the Common, Suite 202,
Shrewsbury,
NJ 07702
If you are an individual in the EEA or the UK, you can also
contact DataRep, who has been appointed as iPEC Coaching’s representative in
the EEA and the UK pursuant to Article 27 of the European Union General Data
Protection Regulation on matters related to the processing of personal data
that take place in the EEA and the UK. Please contact DataRep as follows:
·
send an email to DataRep at datarequest@datarep.com quoting
<iPEC Perfect Creation, LLC> in the subject line,
·
contact DPR on the online webform at https://www.datarep.com/data-request