Privacy Policy

Information We Collect from Our Clients

Resiliency collects information that You voluntarily provide us when registering on the Platform or otherwise expressing interest in the Services or requesting additional information about our products or the Services. This includes personally identifiable information (“PII”). The PII that Resiliency collects depends on the context and extent of Your interactions with Resiliency and the products or Services You use and the features selected thereof. The PII Resiliency collects may include but is not limited to: Name, Address, Telephone Number, Email Address, Credit Card Information, and Banking Account Information.

We also collect data from You when You create Your account, create requests, and send feedback to us about the Platform and the Services. We also collect information You provide to use in connection with the Platform (such as text, photos, graphics, and video You upload to the Platform). We use this information to operate, maintain, and provide the features and functionality of the Services to You, to correspond with You, and to address any issues You raise about the Services. All of the data that You enter or upload in Your Account, including Your Profile, Brands, Feedback Tool, Users, Marketplace, Preferences, Support, Messages, Chat with Account Managers, or any other section of the Platform is collectively referred to as “User Content.”

Resiliency also automatically collects certain information on how You visit and use the Platform or Services. This information does not reveal Your personal identity but may include device and usage information, such as Your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location information about when You visit the Platform, and other technical information. This information is primarily needed to maintain the security and operation of our Services and the Platform, and for Resiliency’s internal analytics and reporting purposes. Resiliency also collects information through cookies and similar technologies. Resiliency does not collect biometric identifiers, including voiceprints, fingerprints, retina or iris images, or facial templates, from any user.

How We Use Your Information

Resiliency uses PII and other data collected via the Platform or through the Services for legitimate business purposes set forth below. Resiliency processes PII in order to contract with You or perform in accordance with said contract, with Your consent and in compliance with legal obligations. The purposes and uses for and of the PII are as follows:

1. To facilitate account creation and logon process;
2. To operate and maintain the Platform;
3. To bill users for subscriptions to the Platform;
4. To send administrative information to You and communicate with You about the Platform or the Services;
5. To fulfill and manage Your requests;
6. To analyze the data and improve the Platform, the Services, and Your user experience;
7. To combine the information You provide us and information that we collect automatically and receive from other sources and combine it with the information about the behavior of other users to customize Your user experience and improve our Services;
8. To gauge Your satisfaction and improve Your interactions with our team;
9. To resolve technical issues You report about the Platform or the Services;
10. To monitor activity that we think is suspicious or potentially fraudulent;
11. To identify violations of this Privacy Policy or our Terms of Service;
12. To comply with the law and reasonable requests of law enforcement;
13. To protect the security or integrity of our Service;
14. To protect the rights, property, or personal safety of Resiliency, our users, or third-parties.

Your Information and Sharing with Third Party Services

Resiliency reserves the right to process or share PII or other information You share with us to conduct the Services (the “Shared Information”) in the following scenarios:

1. Billing and managing Your subscription;
2. Providing email services and Your communication;
3. Hosting and storage;
4. Data analytics and predictive analytics;
5. Data security and protection;
6. Clinical screening and assessment providers, only where Your organization uses a screening or assessment instrument, and, for a child under the age of 13, only with separate verifiable parental consent obtained before any disclosure;
7. Using the Shared Information for a specific purpose with Your consent;
8. When Resiliency determines that processing or sharing the Shared Information is reasonably necessary to achieve Resiliency’s legitimate business interests;
9. When performance of the Services requires processing or sharing Shared Information;
10. Complying with applicable law, lawful government requests, judicial proceeding, court order, or legal process such as in response to a court order or subpoena;
11. When Resiliency determines that it is necessary to investigate, prevent, or take action regarding potential violations of Resiliency’s policies, suspected fraud, situations involving threats to safety of any person, or illegal activities;
12. During the course of negotiations or any due diligence related thereto, for the merger, sale of company assets, financing, or acquisition of all or a portion of Resiliency’s business to another company;

Our Commitment: We Do Not Sell Personal Information and We Do Not Advertise

Resiliency does not sell personal information. Resiliency does not share, rent, license, or otherwise disclose personal information to any third party for advertising, marketing, behavioral targeting, or any commercial purpose unrelated to providing the Services. This applies to all users of every age, and it applies without exception.

The disclosures described in Section 3 above are limited to what is necessary to operate the Services, to comply with law, or to act on Your instructions. Resiliency does not serve advertising on the Platform, does not permit third parties to serve advertising on the Platform, and does not use personal information to build or contribute to advertising or marketing profiles.

Cookies and Tracking Technology

When You visit the Platform, we will send cookies, small text files containing a string of alphanumeric characters, to Your computer that uniquely identify Your browser and let Resiliency do things like help You log in faster, enhance Your navigation through the site, remember Your preferences, and generally improve Your user experience. Cookies also convey information to us about how You use the Platform, for example the pages You view, the links You click, and other actions You take on the Platform. We use this information to maintain the security and operation of the Platform, to measure traffic and usage trends, and for internal analytics and reporting. Resiliency does not use cookies to deliver personalized advertising and does not permit third parties to use cookies on the Platform for advertising purposes.

Content delivered within partner platforms. Some content, including program modules delivered within a partner organization’s own platform, is rendered from Resiliency’s servers. When that happens, Resiliency may receive or generate technical information incident to serving the content, including IP address, browser and device type, and a session or content identifier. Information of this kind is a “persistent identifier” under the Children’s Online Privacy Protection Act (“COPPA”).

Support for internal operations. Resiliency collects persistent identifiers, and no other personal information, from viewers of that content for the sole purpose of supporting the internal operations of the Platform. Those internal operations are: delivering and rendering the content requested; maintaining and analyzing the functioning and performance of the Platform; and protecting the security and integrity of the Platform and its users.

How we ensure identifiers are not used for other purposes. Resiliency ensures that persistent identifiers are not used or disclosed for any other purpose by the following measures: Resiliency does not use persistent identifiers to contact any individual, to build or enrich a profile of any individual, or for advertising, marketing, or behavioral targeting; Resiliency does not permit any third-party advertising network, social media pixel, or third-party advertising analytics service to collect this information through the Platform; Resiliency does not associate persistent identifiers collected in this way with an identified child; and Resiliency retains this information only for as long as is reasonably necessary for the internal operations listed above, in accordance with the retention schedule described in Section 11.

SMS Text Messaging

Resiliency uses SMS text messaging to communicate with program participants who have explicitly opted in during enrollment, or, where the participant is under 13, whose parent or legal guardian has opted in on their behalf.

How we use Your mobile information: We use Your mobile phone number solely to send SMS messages relating to Your participation in a Sharpen® program, including onboarding, assigned interventions and modules, session or activity reminders, and check-ins.

What we do not do: Resiliency does not share mobile information, including phone numbers and SMS opt-in data, with third parties or affiliates for marketing or promotional purposes. This restriction applies to all categories of mobile data and is not subject to exceptions. We do not share text messaging originator opt-in data or consent with any third parties.

Frequency, rates, opt-out, and help: Message frequency varies by program and program phase. Message and data rates may apply; check with Your mobile carrier for details. Reply STOP at any time to opt out of SMS communications, START to re-subscribe, and HELP for assistance, or contact tfarrell@sharpenminds.com. Consent to receive SMS messages is not a condition of enrolling in or participating in any Sharpen® program.

Automated Recommendations and Artificial Intelligence

The Platform serves two distinct classes of user, and the automated features available to each are different. “End Users” are individuals participating in a Sharpen® program. “Clinician Users” are licensed or credentialed professionals who access the clinician dashboard to support those individuals. It is important to understand what these features do and do not involve.

What the system draws on: The content library the Platform searches and recommends from consists solely of Resiliency’s own evidence-based modules, documentary-style peer videos, and the clinical and research literature underlying them. Recommendations are drawn from that reviewed library. The Platform does not generate novel clinical guidance, and it does not draw content from the open internet or from other users’ personal information.

What End Users experience: End Users are provided a search mechanism so they can locate modules readily, together with deterministic recommendations produced by matching reviewed, human-tagged content to their profile and engagement. End Users are not provided a chatbot, conversational agent, or generative dialogue of any kind. An End User is never speaking with an artificial intelligence system. Every module and intervention deliverable to an End User has been reviewed and approved by Resiliency’s clinical team before it can be delivered.

What Clinician Users experience: Clinician Users have access to conversational artificial intelligence features within the clinician dashboard, provided to support their professional judgment in locating and selecting content for the individuals they serve. These features are available only to credentialed Clinician Users and are never exposed to End Users. Output draws on Resiliency’s reviewed content library, is informational, does not constitute novel clinical guidance, and does not replace clinical judgment; the Clinician User remains responsible for all clinical decisions.

How the clinician feature processes information: The clinician dashboard artificial intelligence feature is not connected to, and does not retrieve, End User records, screening or assessment results, safety plans, or any other personal information held on the Platform. It operates on Resiliency’s reviewed content library and on the text a Clinician User enters. Clinician Users are required not to enter identifiable patient information into this feature. The feature is provided using Amazon Bedrock, a managed service of Amazon Web Services. Under the terms of that service, inputs and outputs are not used to train the underlying foundation models and are not shared with the model providers, and data is encrypted in transit and at rest.

How Your information is used in this process: Engagement information, such as which modules a user has viewed, is used to generate recommendations for that user within the Platform. Resiliency does not use personal information to train general-purpose artificial intelligence models, does not provide personal information to third parties for the training of their models, and does not sell or disclose personal information for any artificial intelligence development purpose. Consistent with the Children's Online Privacy Protection Act, Resiliency never bundles consent for artificial intelligence training or advertising with consent to use the Services.

You can control or reset Your cookies and similar technologies through Your web browser, which will allow You to customize Your cookie preferences and to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.

How You Share Your User Content

Client Accounts

If the Account Owner or Administrator adds other users to Your Account, then any information, requests, or content that are created in that Client Account or activity You take within Your Account may be shared with the Account Owner, Administrators, or Client-Added Users. If requested by the Account Owner, Resiliency may re-assign ownership of any User Content You post in Your Account to a different Account Owner, Administrator, or Client-Added User. You should ensure that any personal information, confidential information, or User Content that You’d like to keep private is not added to Your Account.

Keeping Your Information Safe

Resiliency cares about the security of Your information, and uses appropriate safeguards to preserve the integrity and security of all information collected through use of the Services. To protect Your privacy and security, we take reasonable steps (such as requesting a unique password) to verify Your identity before granting You access to Your account. You are responsible for maintaining the secrecy of Your unique password and account information, and for controlling access to Your email communications from Resiliency, at all times. However, Resiliency cannot ensure or warrant the security of any information You transmit to Resiliency or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Resiliency maintains a written information security program that identifies the individual responsible for coordinating it, identifies risks to the security, confidentiality, and integrity of personal information collected from children, implements safeguards to address those risks, requires that service providers maintain comparable safeguards, and is evaluated and updated at least annually.

Your Choices About Your Information

You may control how we process, collect, and share some of Your account information and User Content as follows:

1. You can correct, modify, or delete the data in Your account in Your Account Settings;
2. You can request access, correction or deletion of the data Resiliency holds on You by contacting tfarrell@sharpenminds.com;
3. You can change Your Email Notification Settings and Browser Notification Settings in Your Account;
4. You can add or delete users from Your Account if You are the Account Owner or an Administrator; and
5. You may delete and disable cookies and other tracking tools using Your mobile device settings or internet browser’s settings.

If You unsubscribe from Resiliency’s marketing email list, Resiliency reserves the right to send You Service-related emails necessary for the use of Your account or performance of the Services.

How Long Resiliency Keeps Your Information

Following termination or deactivation of Your account, Resiliency will retain Your profile information and User Content for a commercially reasonable time, and for as long as we have a valid purpose to do so. In particular, Resiliency will retain Your information for the purpose of complying with its legal and audit obligations, and for backup and archival purposes.

Upon Resiliency’s determination that it has no further legitimate business need for Your PII, Resiliency will delete or anonymize said information or securely store the PII and isolate it from any further processing until deletion is facilitated.

Personal information collected from users under the age of 13 is retained only for as long as is reasonably necessary to fulfill the specific purpose for which it was collected, and is not retained indefinitely. Resiliency maintains a written retention schedule governing this information and deletes it in accordance with that schedule. That schedule provides that a child’s account information and engagement records are retained for the duration of the child’s participation in the program through which the child was enrolled, and are deleted within ninety (90) days after the child’s participation ends, after the enrolling organization’s agreement terminates, or after a parent or legal guardian withdraws consent, whichever occurs first, except where a longer period is required by law. Technical information collected for support of internal operations is retained for no longer than thirteen (13) months. Resiliency does not retain personal information collected from a child indefinitely, and does not retain it for any secondary purpose.

Information from Minors

Resiliency does not knowingly collect personal information from any child under the age of 13 without verifiable parental or legal guardian consent. The Services have a minimum user age of 7 and are not available to children under the age of 7. A child under the age of 13 may use the Services only with verifiable consent from a parent or legal guardian, provided by completing the Parental Consent Form at sharpenminds.com/parental-consent. A user between the ages of 13 and 17 must have permission from a parent or legal guardian to use the Services, except where applicable law permits that user to consent on their own behalf. Where the Services is made available through a client organization, that organization is responsible for determining which applies and for obtaining any required permission. By use of the Services, You represent that You are at least 18 years of age, or that a parent or legal guardian has provided the consent or permission described above. All PII of a child under the age of 13 collected without verifiable parental consent will be promptly deleted upon Resiliency's discovery of that child's age or of the absence of consent.

Resiliency does not use personal information collected from users under the age of 13 for advertising, marketing, or cross-context behavioral advertising, and does not sell or share such information. A parent or legal guardian may review, correct, or request deletion of their child's personal information, and may withdraw consent at any time, by contacting tfarrell@sharpenminds.com. Where the Services are provided through a school, district, or other educational institution, that institution may provide consent on behalf of parents for the limited purpose of the educational program, consistent with applicable law.

Users under the age of 13 may not register for the Services on their own. Accounts for users under 13 are created only by an authorized administrator at a partner organization, school, or health system that has first obtained and recorded verifiable parental or legal guardian consent for that user. Self-registration, including registration by scanning a QR code, is not available to users under 13. Resiliency obtains separate verifiable parental consent before disclosing a child's personal information to any third party for a purpose that is not integral to providing the Services, and never bundles consent for advertising or artificial intelligence training with consent to use the Services.

Children Under 13: Organizational Enrollment and COPPA Compliance

Children under the age of 13 may be enrolled in the Services only through a client organization, such as a school, district, health system, prevention program, or community organization, that has first obtained and recorded verifiable parental or legal guardian consent for each such child. A child under 13 cannot create an account independently, including by scanning a QR code, following an invitation link, or otherwise self-registering.

Resiliency provides written guidance on these requirements to every client organization that intends to offer the Services to children under the age of 13, covering the form of parental consent to be used, the records the organization must retain, and the enrollment pathway to be followed. Each such organization is required to follow that guidance, to obtain and retain verifiable parental or legal guardian consent before any child under 13 is added, and to provide evidence of that consent to Resiliency upon request. Each such organization must retain those consent records for the period during which the child uses the Services and for at least three (3) years afterward, must provide copies to Resiliency within ten (10) business days of a written request, and must notify Resiliency in writing before enrolling any child under the age of 13. Resiliency may suspend access for any individual or group where it reasonably believes these requirements have not been met. An organization that has not received and accepted this guidance may not enroll children under the age of 13.

Resiliency collects from a child only the personal information reasonably necessary to provide the Services, and does not condition a child's participation on the disclosure of more personal information than is reasonably necessary. A parent or legal guardian may review the personal information collected about their child, request its correction or deletion, refuse to permit further collection or use, and withdraw consent at any time by contacting tfarrell@sharpenminds.com.

Your Privacy Rights

Your privacy rights may vary due to Your domicile or location. You are encouraged to inform Yourself of Your individual privacy rights. If You would like to review or change the information in Your Account or terminate the Account, this may be done in the Account Settings on the Platform. Upon Your request to terminate Your account, Resiliency will deactivate or delete the Account and information from its active databases. However, Resiliency reserves the right to retain certain information for the purposes more particularly set forth above.

The laws of some countries grant particular rights in respect of personal information. Individuals in certain countries, including the European Union and the United Kingdom, have the right to:

• Request access to their information;
• Request that we correct inaccuracies in their information;
• Request that their information be deleted or that we restrict access to it;
• Request a structured electronic version of their information; and
• Object to our use of their information.

Should You wish to make a request in respect of Your personal information please contact us at tfarrell@sharpenminds.com. You also have the right to object to our processing of personal data about You for marketing purposes and we will stop processing data for that purpose.

In some circumstances Resiliency will not be able to comply with Your request regarding Your personal data. If we are unable to remove any of Your information, we will explain why. For example, we may not be able to provide a copy of Your information where it infringes on the rights of another user.

Links to Other Websites and Services

Resiliency is not responsible for the practices employed by third-party websites or services linked to or from the Platform, including the information or content contained therein. Please remember that when You use a link to go from the Platform to another website, our Privacy Policy and Terms of Service do not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, You acknowledge that we are not responsible for and we do not exercise control over any third parties that You authorize to access Your User Content. If You are using a third-party website or service and You allow such a third party access to Your User Content, You do so at Your own risk.

Specific Rights for California and Virginia Residents

Californian users of Resiliency have additional rights afforded to them under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA, effective 1 January 2023).

Virginian users of Resiliency also have additional rights afforded to them under the Virginia Consumer Data Protection Act (VCDPA, effective 1 January 2023).

The CCPA, CPRA, and VCDPA give resident users various rights with respect to the personal information we collect, including the right to (subject to certain limitations):

1. Request to access the PII Resiliency has about You;
2. Request that Resiliency delete all of Your PII;
3. Request that Resiliency correct inaccurate PII;
4. Opt out of the “sharing” of Your PII for any reason.

For more details about the personal information Resiliency has collected in the past year, please see Section 1 “Information we collect”. For details on how we use that information, who we share it with, and how long we keep it, please see Section 2 “How We Use Your Information”, Section 3 “Your Information and Sharing with Third Party Services”, and Section 11 “How Long Resiliency Keeps Your Information.”

California and Virginia users may make a request by contacting us at tfarrell@sharpenminds.com. We will authenticate Your request using the email address associated with Your account and if necessary, proof of residency. Virginia users may appeal a refusal to take action on a request by contacting us at tfarrell@sharpenminds.com.

Californian and Virginian users may opt out of the “selling or sharing” of Your personal information by requesting deletion of Your user account by emailing tfarrell@sharpenminds.com. To process this request, Resiliency will confirm completion of the request by email.

Additional Information for Users in Europe

This section of the policy applies to users that are located in the European Economic Area (EEA), Switzerland, or United Kingdom (UK). Resiliency processes Your personal data in accordance with European laws and regulations, such as the General Data Protection Regulation (GDPR) and UK General Data Protection Regulation (UK GDPR).

1. Controller's details

For the purposes of the GDPR and UK GDPR, Resiliency Technologies, Inc. is the controller of Your personal data. Resiliency’s registered address is at 5060 La Jolla Blvd #3J, San Diego, California 92109, and we can be contacted using the details provided in Section 19 below “Contact Information.”

2. Legal bases for processing

If You are located in the EEA, Switzerland, or UK, we need a lawful basis to collect, use, and disclose Your personal data as a controller. Our lawful basis will depend on the information concerned and the context in which it is processed.

Generally, Resiliency will collect and use Your information as follows:

1. Contractual necessity: We need it to provide the Services to You and fulfill our obligations to You under our Terms of Service. For example, this includes creating and maintaining Your account, resolving issues You may experience with the Services, and providing You with access to the Platform.
2. Legitimate interests: Our legitimate interests include providing useful and customized Services, obtaining payment for our Services (if applicable), helping users connect with team members and their organization’s subscription on the Platform, and enhancing our Services via research and development, data analytics, and predictive analytics. We do not rely on this lawful basis where our legitimate interest is overridden by Your interest in protecting Your data.
3. Consent: You consent to us or have a reasonable expectation of us using Your information in a certain way, for example, to hear about new features or offers.
4. Legal obligations: It is necessary for compliance with our legal obligations, for example, to disclose Your information in response to law enforcement requests and to retain Your information for our record keeping purposes.

If You consented to our use of Your information, You can withdraw that consent at any time. Depending on the situation You can either withdraw Your consent by emailing tfarrell@sharpenminds.com.

Where we use Your information for our legitimate interest, You have the right to object to that use by contacting tfarrell@sharpenminds.com. However, if You do, it may diminish the quality of the Platform or Services You receive or prevent You from using the Platform.

3. Cross-border transfers of information

By signing up, You understand and agree that Resiliency will receive and process Your personal data. We may transfer Your personal data to other countries where our affiliates and service providers are located. Please note that some of these countries may have data protection laws that are different from Your country (and, in some cases, may not be as protective).

Keeping You Updated on Resiliency’s Privacy Policy

Resiliency reserves the right to update this Privacy Policy at any time and from time-to-time in Resiliency’s sole determination. Any revisions will be indicated as such by an accompanying revision date and will take effect as soon as the revision is published on the Platform. Resiliency, in its sole discretion and upon a material change to this Privacy Policy may notify You either by prominent posting of such change on the Platform or by directly sending notification to You. You are encouraged to review this Privacy Policy frequently for updates.

Contact Information

Any questions or comments about this policy can be emailed to: