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PRIVACY POLICY



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Last updated: January 5, 2022

This Privacy Policy describes how Grace Hill®, LLC (“Grace Hill”) collects and
uses certain personal information as a result of the use of its products,
including Vision®, Validate, Visto®, PolicyPartner®, ReputationBuilder, as well
as the other services that Grace Hill provides that reference this Privacy
Policy (the “Grace Hill Services”). The Grace Hill Services further include
Grace Hill’s website, www.gracehill.com (the “Website”).  Additionally, this
Privacy Policy describes how Kingsley Associates®, Inc. (“Kingsley”), a Grace
Hill subsidiary, collects and uses certain personal information through its
products, including the Kingsley Portal (www.kingsleyportal.com), Kingsley
Surveys (CORE, KEEP, Tenant Experience, Employee Engagement Assessment, Tenant
and Resident Experience), the Kingsley Index® and the other services that
Kingsley provides that reference this Privacy Policy (the “Kingsley Services”). 
Grace Hill and Kingsley are each referred to herein as “we”, “our” or “us”, and
this Privacy Policy applies to the Grace Hill Services and the Kingsley
Services.  With regard to your use of the Grace Hill Services, references to we,
our or us, refer to the obligations of Grace Hill and not Kingsley.  With regard
to your use of the Kingsley Services, references to we, our or us, refer to the
obligations of Kingsley and not Grace Hill.  The Grace Hill Services and
Kingsley Services are each referred to as the “Services”. 

In administering the Services, we are committed to protecting your Personal
Information (described below). Except as stated in this Privacy Policy, we will
not disclose your Personal Information to any third party without your consent.
This Privacy Policy describes our privacy practices, including:

           i. the Personal Information we receive or collect from you;

          ii. how we use and share your Personal Information with others; and

         iii. your choices and obligations regarding your Personal Information.

By using or accessing the Services, you agree to our use of your Personal
Information as described herein and further agree to be legally bound by this
Privacy Policy as amended from time to time. If you do not agree with this
Privacy Policy without limitation or qualification, you should not access or use
the Services. Your continued use of the Services after we change this Privacy
Policy will mean that you accept and agree to be bound by the changes. Because
we reserve the right to modify the Agreement at any time, please check this
Privacy Policy regularly for changes. 

Our Services are provided under a contract with our clients.  Our client may be
you, your employer, an agent of your employer, an affiliate of your employer, or
another person or legal entity who enters an agreement with us for the Services
that are provided to you (a “Client”). We are not responsible for the data
practices of our Clients.

Kingsley Associates, a Grace Hill company complies with the EU-U.S. Privacy
Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the
U.S. Department of Commerce regarding the collection, use, and retention of
personal information transferred from the European Union and Switzerland to the
United States.  Kingsley Associates has certified to the U.S. Department of
Commerce that it adheres to the Privacy Shield Principles.  If there is any
conflict between the terms in this privacy policy and the Privacy Shield
Principles, the Privacy Shield Principles shall govern.  To learn more about the
Privacy Shield program, and to view our certification, please visit https://www.
privacyshield.gov/


APPLICATION OF THIS PRIVACY POLICY

This Privacy Policy governs the Services and not any third party website, the
internet, or any other network. We are not responsible for the privacy practices
or the content of any third party websites or services with which we
communicate. By clicking on a link, logo or any item associated with a third
party site or application, please note that you are exiting the Services and the
protections afforded by this Privacy Policy. 


CONTACTING US 

If you have any questions or would like to make a verifiable consumer request
about this Privacy Policy or our Services, you may contact our Customer Service
department at Grace Hill, 300 Executive Center Drive, Suite 201, Greenville, SC
29615, or toll-free by phone at (866) 472-2344, or by email to
notices@gracehill.com.


PERSONAL INFORMATION

We collect Personal Information from you to enable us to provide the Services. 
We also collect your Personal Information from our Clients when they hire us to
perform the Services.   Finally, we collect your Personal Information when you
use the Services. The level of Personal Information we collect depends on type
of the Services provided and the amount of information you provide to us.
“Personal Information” includes: 

Access Credentials When you or our Client registers your account (the “Account”)
for the Services (if any), access credentials are provided to us for security
purposes, such as to authenticate your identity each time you use the Services,
including information that identifies one or more of the following: a user name,
a password, a personal identification number (PIN) and/or responses to security
questions (collectively, your “Access Credentials”). Your Access Credentials may
be used when you access your Account for the Services.

Identification Information When you or our Client registers or updates your
Account, information that identifies you is provided to us. “Identification
Information” includes your name, postal address, email address, demographic
information, telephone number, and facsimile number and other information you
provide to us (collectively, your “Identification Information”). You may also
provide us with Identification Information when you use our Website, such as
through our chatterbot. 

Device Information When you access the Services, we may obtain technical
information that identifies your device and other technical parameters
associated with your device, including your internet service provider, your
browser, your IP Address, access point names (APNs), packet data networks, the
make and model of your device; the type or version of your operating system;
unique device identifier(s), a media access control (MAC) address, information
associated with your service provider or mobile carrier, your internet browser
type, specifications regarding your device hardware and/or software, etc.
(collectively, your “Device Information”).

Location Information When you access the Services, we may collect and process
information about your device’s actual location using global positioning system
signals sent by your device, from a third-party location service, or from other
sources that identify or describe the location from which your device is
communicating with us. 

Profile Information When your Account is created, you or our Client may include
additional information about you in a profile for your Account. Your profile may
also include context information that identifies one or more of the following:
your gender, primary or secondary languages, date of birth, profession or trade,
employer, permission regarding your device location accuracy, permissions
regarding your use of the Services, etc. (collectively, “Profile Information”).

Usage Information When you use the Services, we may record your usage history
(e.g., frequency of access, web pages accessed, Services accessed, duration of
access, etc.), course history (e.g., classes taken, progress, courses completed,
certifications earned, content accessed, etc.), performance history (answers to
quizzes, communications with us, email messages, comments, etc.), reviews,
messages, download history, etc. (collectively “Usage Information”). 


USE OF YOUR PERSONAL INFORMATION

By accessing the Services, you are voluntarily and unconditionally accepting the
terms and conditions of our Terms of Services and this Privacy Policy and are
freely accepting and agreeing to our use of your Personal Information in
accordance with this Privacy Policy. You further acknowledge and agree that your
access or use of the Services, or providing your Personal Information to us,
including any information deemed “sensitive” by applicable law, is entirely
voluntary on your part. We may disclose and otherwise use your Personal
Information for the following reasons: 

Our Internal Use. We use your Personal Information for our own internal
purposes, including to provide the Services to you, to verify your identity, to
create your Account, to improve the Services, and to record and analyze your use
of the Services (i.e. to determine your performance, your use of the Services,
your visits to the Website, the content you have viewed, etc.).

To Fulfill Our Obligations to Clients. We use your Personal Information to
provide the Services to our Clients. We provide your Personal Information to the
Client(s) which has an agreement with us under which the Services (not including
the Website) are provided to you. This allows the applicable Client to
understand your use of the Services, including how you perform, what training
content you have viewed, how you respond to Kingsley’s surveys, etc. 

Creating De-Identified Personal Information. We encode or obfuscate your
Personal Information to create de-identified Personal Information that removes
any information that allows you to be identified. We use the de-identified
Personal Information for our own internal purposes, for data aggregation,
performance monitoring, statistical compilations and analytics, improving the
Services and when providing the Services to you.

Our Communications to You. We communicate with you through the Services
(including through our Website chatterbot) as well as email, text message, other
messaging methods to market our Services and to provide notices to you to, for
instance, inform you of your performance or how to best use our Services, to
recommend certain Services, to notify you of new features or functionality,
planned disruptions, or other promotion or advertising content. 

Identifying You to other Users.  We may identify you to other users of the
Services using some of your Personal Information (when you get an award for
performance, etc.). 

Marketing the Services. We may use your Personal Information to market the
Services to you and to the Client(s) associated with you.  

Enforcing this Privacy Policy, Our Terms of Use, and Client Agreements. We may
disclose your Personal Information to enforce or apply this Privacy Policy, our
Terms of Use and/or our agreements with Clients. 

Third Party Service Providers. We may provide your Personal Information our
contractors, service providers, and other third parties we use to support our
business (such as to help provide the Services, to market our Services, etc.)
and who are bound by contractual obligations to keep your Personal Information
confidential and use it only for the purposes for which we disclose it to them. 

In accordance with the Privacy Shield Principles, Kingsley assumes
responsibility for the processing of personal information it receives and
subsequently transfers to a Third Party Service Provider acting as a processor
on our behalf. Kingsley shall remain liable under the Principles if our agent
processes such personal information in a manner inconsistent with the Principles
unless evidence is provided to support Kingsley is not responsible for any event
resulting in damage to a Client.

Related Parties/Successors. We may disclose your Personal Information to our
subsidiaries and affiliates, which will use your Personal Information only as
described herein. Further, we may disclose your Personal Information to a buyer
or other successor in the event of a merger, divestiture, restructuring,
reorganization, dissolution, or other sale or transfer of some or all of our
business, whether as a going concern or as part of bankruptcy, liquidation, or
similar proceeding, in which your Personal Information is among the assets
transferred.

Harm; Compliance with Law; Other Uses. We may disclose your Personal Information
to comply with a court order, law, subpoena, discovery request or legal process,
including to respond to any government or regulatory request. Further, we may
disclose your Personal Information if we believe that disclosure is necessary or
appropriate to protect the rights, property, safety or vital interests of Grace
Hill, Kingsley, our Clients, or others. Finally, from time to time, we may use
your Personal Information for new, unanticipated uses, such as notification of
new services, announcements and general communications. If our information
practices materially change at some time in the future, we will post such
changes to this Privacy Policy before we use your Personal Information for these
new purposes.

 

Except as stated above, we will not sell or otherwise distribute your Personal
Information, except that we expressly reserve the right to sell or otherwise
share de-identified information with others or to make it public. 


HOW WE COLLECT YOUR PERSONAL INFORMATION

Information You Provide to Us. When you visit the Website, you may provide your
Personal Information to us when, for instance, you engage in digital
communications with our Website.  For example, the Website includes a
chatterbot, which may ask you questions and allow you to respond. When you
respond, we may use the Personal Information you provide to us. Further, when
you access and use the Services, you may provide your Personal Information to
us, such as when you populate your Profile, select a course in Vision, respond
to Kingsley surveys, view Grace Hill’s content, etc.

Information Provided to Us by Our Clients. If you use the Services subject to an
agreement between us and a third party (i.e. your employer, an affiliate or
agent of your employer, etc.), your Personal Information may be provided to us
by our Client. 

Automated Collection of Personal Information. We use automatic data collection
methods to collect and store information when you access the Services. This may
include sending one or more cookies or anonymous identifiers to your device. We
may also use cookies and anonymous identifiers when you interact with the
Services.  We use cookies to keep you signed in to your Account, to understand
how you use our Services, and for potentially other functional uses, not
including providing such cookies to third parties for advertising. A cookie is a
small text file placed on your device. You may refuse to accept cookies by
changing the settings of your device or browser, but this may render you unable
to access certain portions of the Services. We may use flash cookies, which we
store and which collect and store information about your use of the Services. We
may use web beacons (also known as web bugs, clear Graphics Interface Format
pixel (or “clear GIFs”), 1 x 1 pixel, etc.) in combination with cookies or other
functions to understand how you interact with the Website or the Services or to
create analytics or other administrative functions. Beacons do not collect
Personal Information.  We do not track you by collecting Personal Information
about your online activities over time and across third party websites or online
services, and, as a result, do not alter our practices in response to “do not
track” signals from your browser.  New approaches that offer alternatives to
cookies and beacons to better protect your privacy and to improve the security
of your Personal Information may be explored by us or our third party service
providers. In the event that any of these approaches are used in addition, or as
an alternative, to cookies or beacons, we will update this Privacy Policy
accordingly.


DATA SECURITY 

We exercise great care in providing secure transmission of your Personal
Information to us. We also take great care to protect your Personal Information
that we store for our use as described herein. We have implemented reasonable
security measures designed to secure your Personal Information from accidental
loss and from unauthorized access, use and disclosure.  The safety and security
of your Personal Information also depends on you. For example, if a password is
required for you to access the Services, you should not share your password with
anyone. Unfortunately, no data transmission over the internet is completely
secure, and, despite our efforts to protect your Personal Information, we cannot
guarantee the security of your Personal Information. Any transfer of your
Personal Information is at your own risk.


INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION 

Where required by law, we have put in place legal mechanisms designed to ensure
adequate protection of your Personal Information, including the transfer of your
Personal Information to countries other than where you reside.  By using the
Services, you voluntarily consent to the transfer of your Personal Information
to other countries.  Kingsley participates in the EU-US and Swiss-US Privacy
Shield Frameworks (“Privacy Shield”), which is administered by the U.S.
Department of Commerce and implemented to protect your rights with regard to
your Personal Information.   For citizens of the European Union, our agreements
with certain European Clients include the standard contractual clauses issued by
the European Commission.  The Privacy Shield and the standard contractual
clauses impose certain responsibilities on us for the security of your Personal
Information when we share it with third party service providers.  Additionally,
citizens of the European Union or the United Kingdom may have certain rights
with respect to their Personal Information, such as: 

The right to access – You have the right to request copies of your Personal
Information. We may charge you a small fee for this service.

The right to rectification – You have the right to request that we correct any
information you believe is inaccurate. You also have the right to request that
we complete the information you believe is incomplete.

The right to erasure – You have the right to request that we erase your personal
data, under certain conditions.

The right to restrict processing – You have the right to request that we
restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to our
processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that we transfer
the data that we have collected to another organization, or directly to you,
under certain conditions.

We have one month to respond to you. To exercise these rights, please contact us
using the address, phone number or email address below: 

Grace Hill, LLC
300 Executive Center, Suite 201
Greenville, SC 29615

(866) 472-2344

notices@gracehill.com

Kingsley has further committed to refer unresolved privacy complaints under the
Privacy Shield Principles to an independent dispute resolution mechanism, the
BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive
timely acknowledgment of your complaint, or if your complaint is not
satisfactorily addressed, please
visit https://bbbprograms.org/privacy-shield-complaints/ for more information
and to file a complaint. This service is provided free of charge to you. Please
note that if your complaint against Kingsley is not resolved through these
channels, under limited circumstances, a binding arbitration option may be
available before a Privacy Shield Panel. While a participant in the Privacy
Shield, Kingsley is subject to the investigatory and enforcement powers of the
Federal Trade Commission (FTC).  Further, if you are unhappy with Kingsley’s
response to your complaint, you may have the right to complain to your Data
Protection Authority.  Please contact us at notices@gracehill.com to obtain
details of how to contact them. 


YOUR CHOICES AND OBLIGATIONS REGARDING YOUR PERSONAL INFORMATION

Rights to Access, Change, or Delete Your Personal Information. When you access
the Services, you may review or modify some of your Personal Information,
including portions of your Access Credentials, Identification Information, and
Profile Information. To ensure that we can continue providing the Services,
performing security functions (for example, authenticating your identity), and
maintaining your Account, you are not permitted to delete certain Personal
Information including portions of your Identification Information, Access
Credentials, device information and usage information.

Rights to Delete Your Personal Information. You may terminate your Account or
request the deletion of your Personal Information at any time. When you request
to terminate your Account, we will retain a copy of your Personal Information as
needed to fulfill our obligations to our Clients (i.e. to including your usage
history, survey responses, etc.). Other than this copy, your Account and
Personal Information will be deleted. Because of the way we maintain the
Services, such deletion may not be immediate, and residual copies of your
Personal Information may remain on backup media for up to ninety (90) days.
Notwithstanding the foregoing, we reserve the right to retain some or all of
your Personal Information if, in our sole discretion, we determine that it is
reasonably necessary to comply with applicable law, meet our legal obligations,
comply with regulatory requirements, resolve disputes between users or Clients,
prevent fraud and abuse, or enforce this Privacy Policy and the Terms of
Services. Furthermore, we reserve the right to retain a copy of a de-identified
version of your Personal Information for any legal purpose.

Your Obligations. You agree not to upload, copy or otherwise use or disseminate
any information that may violate the rights of others. You agree that you are
authorized to upload any information that you provide to us. You agree not to
provide any information to us that you are not authorized to provide. You
further agree to keep your Access Credentials strictly confidential and to not
share them with any unauthorized user or third party.

Any violation of this Privacy Policy may lead to the restriction, suspension, or
termination of your Account at our sole discretion.


POLICY TOWARD CHILDREN

NEITHER THE WEBSITE NOR THE SERVICES ARE DIRECTED TOWARD CHILDREN UNDER SIXTEEN
(16) YEARS OF AGE (the “Minimum Age”). 

If you become aware that your child has provided us with Personal Information
without your consent, please contact us at notices@gracehill.com. We do not
knowingly collect Personal Information from children below the Minimum Age. If
we become aware that a child under the Minimum Age has provided us with Personal
Information, we will take steps to promptly remove such Personal Information and
terminate the Account associated with the child.


CALIFORNIA PRIVACY RIGHTS

If you reside in the state of California, our Privacy Notice for California
Residents is part of this Privacy Policy and applies to you. By providing this
Privacy Notice, we are not waiving the business-to-business exception to the
California Consumer Privacy Act or conceding that we are not “data processors”
or “service providers” under the Act.



Grace Hill
300 Executive Center Drive
Suite 201
Greenville, SC 29615

P: (866) 472-2344
Support Hours:
Monday - Friday, 8 am - 7 pm ET

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