Fierce Lab

PRIVACY POLICY

Last Updated: March 26, 2024

Section 1 – Introduction:

Tara Wilson Agency, LLC (“us” or “we”) provides the Fierce Lab free podcasts (“Podcasts”), the Fierce Lab website (“Website”), accompanying e-newsletters (“E-Newsletters”) and other free services to the public and an app (collectively the “Free Service”) that allows app users (“App Users”) to access certain exclusive content, live events, and additional benefits including the Fierce Lab mobile application (“App”). The purpose of this Privacy Policy is to explain how we collect, use, store, share, and protect the personal information of users (“you” or “your”) of our Free Service.

When we refer to “personal information” we mean information that identifies, or is reasonably capable of being directly or indirectly linked to, a particular individual or household, such as the individual’s name, postal address, email address, social media profile (such as LinkedIn), and telephone number. Personal information includes “personal information” as defined by the California Consumer Privacy Act of 2018 (the “CCPA”) and “personal data” as defined by the European Union’s General Data Protection Regulation (the “GDPR”). When anonymous information is directly or indirectly associated with personal information, the resulting information is also treated as personal information. Personal information does not include aggregate information that we collect about the use of our Free Service or about a group or category of users from which individual identities or other personal information has been removed. Nor does it include usage information or device identifiers not connected to personal information.

Our Terms of Use govern your access to and use of our Free Service — including but not limited to the Podcasts, Website, E-Newsletter, App, and Private Feed — the details of which we encourage you to read carefully below.

Please note that much of the content and community resources we offer through our Free Service is offered through third-party websites (such as the Google Play Store and the App Store) and distribution platforms (such as Apple Podcasts and Spotify) that we do not own or operate. This Privacy Policy does not include the privacy practices of those third parties. We encourage you to review the privacy policies of any third-party application or website provider before providing any personal information to or through them.

Additionally, we use third-party service providers to (i) maintain our subscriber list and send out email newsletters, (ii) process merchandise sales when you click on “Merch” on our Website, (iii) provide customer support, and (iv) run our Free Service. In addition to our Terms of Use and Privacy Policy, your interactions with these third party service providers will be subject to their respective terms of use and privacy policies, which we encourage you to review.

Section 2 – Information We Collect:

Information You Provide to Us Directly

Information collected when you sign up to receive emails: You have the option to sign up for our E-Newsletters by providing us with your email address. If you do so, we use the email address you provide to send you information about the Free Service we think might be of interest to you. Each email contains an unsubscribe link, which you can click on if you wish to unsubscribe from that email list. In addition, you have the ability to set mobile notifications on the App for specific content related to the App Users, which we will send to you in accordance with your preferences. Please note, it may take up to 30 days for us to process your request to unsubscribe.
Information collected when you first register for as an App User: When you first register for the App User, you must provide us with your first name, last name, and email address, which we use to set-up your user account, and to provide you information about the App.
Information collected when you edit your profile: We give you the option to populate your profile by directly entering additional information about you into the App and/or integrating your LinkedIn account. You can limit the amount of information you provide in your profile. If you choose to connect your profile to your LinkedIn account, we will have access to your LinkedIn information.
Information collected when you communicate with us electronically: When you contact us through email, our social media accounts, SMS, or other means of communication, we, or our third-party support service provider, may collect and store personal information you provide, such as your name, email address, phone number, mailing address, physical address, and the contents of your communication.

Information We Receive from Other Sources

Third-Party App Stores: Third-party app stores such as Apple’s App Store and Google’s Play Store may provide us with information about your transactions on those platforms, such as the date and time or amount paid, when you install our App.
Merch: When you click on “Merch” on our Website, you are directed to the website operated by our third-party merchandise vendor and the transaction will be subject to the terms and conditions and privacy policy of that vendor. If you make a purchase, we have access to your username, email, and mailing address, but not your credit card information, which resides with our merchandise vendor or its payment processor.
Third-Party Service Providers: We use third-party service providers to (i) maintain our subscriber list and send out email newsletters, (ii) process merchandise sales when you click on “Merch” on our Website, (iii) provide customer support, and (iv) run our Free Service. These service providers often use cookies and tracking technologies, such as web beacons, to store your information and track your activities on or in connection with our Website. A “cookie” is a small text file that a website saves on your computer or mobile device when you visit the website. Cookies enable a website to remember your actions and preferences and store information or settings in your browser. YOU CAN CHOOSE WHETHER TO ACCEPT COOKIES BY CHANGING THE SETTINGS ON YOUR BROWSER. A web beacon is a clear picture file placed on a webpage and used to track your navigation through a website or series of websites. Web beacons allow third parties to obtain information about the device you use to access the website, your IP address, the type of internet browser used to visit the website, the areas of the website you visited, and the action you performed. Web beacons may be used in combination with cookies to understand how you interact with the Free Service. Through the use of cookies and other tracking technologies, such as web beacons, our third-party service providers may obtain and share with us information such as: (i) when you open emails or click on certain links; (ii) details about your interaction with our Free Service, such as the date, time, length of your visit, the specific pages accessed, and search terms used; (iii) information about your device, such as your IP address or other device identifier, hardware model, operating system, and browser type; and (iv) your general location, inferred from your IP address. This information might then be used to understand how you interact with our Free Service and to assist us in enhancing your experience and promoting content most relevant to you. We do not currently take steps to respond to browsers “Do Not Track” signals as no uniform standard to respond to such signals has been developed at this time.
Third-Party Analytics. We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of the Free Service, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to such usage. These third parties use cookies and other technologies to help analyze and provide us the data.

Section 3 – How We Use Information We Collect or Receive:

We may disclose your personal information, as well as non-personal information, such as aggregate user statistics, demographic information, and usage information, to companies and individuals who perform business functions on our behalf or to other third parties to support the development and functionality of our Free Service. Such functions may include hosting our Podcasts, Websites, E-newsletter database, or App, analyzing data, providing technical assistance, customer service, or marketing assistance, and providing other support services, including customer support. All such parties are required to keep your personal information secure and only process it in accordance with our instructions. We may also disclose your personal information if required by law. As we develop our business, we might sell business assets, and in the event of a corporate sale, merger, reorganization, sale of assets, or similar event, your personal information might be part of the transferred assets. We, or our third-party service providers, use the personal information we collect or receive to do the following:

enhance our Free Service;
provide content, services, products, or information you request, including processing your purchases and identifying you when you sign into an account
provide notifications;
recommend podcasts and other content we think would be of interest to you;
communicate with you about content, products, services, promotions, and events we offer;
solicit your feedback;
post testimonials;
respond to your emails, submissions, questions, inquiries, request, and comments;
monitor and analyze views and trends and otherwise measure the appeal and effectiveness of our Free Service;
verify your account or monitor suspicious or fraudulent activity;
identify, fix, and troubleshoot bugs and service errors;
send you confirmations, updates, security alerts, and support-related messages; and
protect against, identify, investigate, and respond to misuse of our Free Service other unlawful behavior.

With your consent, we may use your personal information for a specific purpose not listed above.

Section 4 – Retention of Your Personal Information:

We retain your personal information for so long as we have an ongoing legitimate business or legal need to do so. Additionally, you have the ability to unsubscribe from, or opt-out of, our subscriber list for our automated emails at any time, and to disable cookies and other tracking functions through your device or browser.

Section 5 – Security:

We strive to maintain adequate technical and organizational security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. We are not liable for unauthorized disclosure of information that occurs through no fault of our own. If we learn of a data breach that is likely to result in a high risk to your rights and freedoms, we will immediately notify you of such data breach and inform you of (a) the nature of the data breach, (b) the point of contact regarding the data breach, (c) the likely consequences of the data breach, and (d) the measures being taken to address the breach and mitigate its possible risks.

Section 6 – Accuracy of Your Information:

Although we work to ensure that the information we hold about you is accurate and up-to-date, unless we receive an indication otherwise, we can only assume that the information you provide to us is accurate. If you inform us that any of your information processed through our Website or App or email marketing is incorrect, or if we learn that any such information is incorrect, we will work to promptly correct, or if appropriate, erase, such information.

Section 7 – Your California Privacy Rights and Notice at Collection:

This portion of the Privacy Policy is provided under California law, including the California Consumer Privacy Act of 2018 (“CCPA”), and supplements this Privacy Policy by providing certain disclosures to California residents and explaining the privacy rights of California residents.

Categories of Personal Information Collected and Disclosed:

In the preceding 12 months, we have collected the following categories of personal information:

Identifiers, such as, real name, alias, postal address, unique personal identifier (e.g., mobile devise ID), online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
Internet activity and network activity, including users’ interactions with our Free Service, and what led users to our Website or any of our content.
Inferences drawn from other personal information, including information about a user’s interests, behaviors, and preferences.

Similarly, in the preceding 12 months, we have disclosed the following categories of personal information to our service providers.

Identifiers, such as, real name, alias, postal address, unique personal identifier (e.g., mobile devise ID), online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
Internet activity and network activity, including users’ interactions with our Free Service, and what led users to our Website or any of our content.
Inferences drawn from other personal information, including information about a user’s interests, behaviors, and preferences.

As part of the App Users, we will collect the following categories of personal information and share them with the following categories of third parties:

Category of Personal Information

Categories of Third Parties with Whom We Share the Category of Personal Information

A. Identifiers, such as, real name, alias, postal address, unique personal identifier (e.g., mobile devise ID), online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

Our third-party service providers, such as our platform vendor, email marketing vendor, customer support vendor, and merchandise sales vendor
Operating systems and platforms

B. Other individual records such as phone number, billing address. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here.

Our third-party service providers, such as our platform vendor, payment processors, email marketing vendor, customer support vendor, and merchandise sales vendor
Operating systems and platforms

C. Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.

Our third-party service providers, such as our platform vendor, payment processors, email marketing vendor, customer support vendor, and merchandise sales vendor
Operating systems and platforms

D. Commercial information, including purchases and engagement with the Free Service.

Our third-party service providers, such as our platform vendor, payment processors, email marketing vendor, customer support vendor, and merchandise sales vendor
Operating systems and platforms

E. Internet activity and network activity, including users’ interactions with our Free Service, and what led users to our Website, App, or any of our content.

Our third-party service providers, such as our platform vendor, payment processors, email marketing vendor, customer support vendor, and merchandise sales vendor
Operating systems and platforms

F. Sensory information, such as photographs.

Our third-party service providers, such as our platform vendor, payment processors, email marketing vendor, customer support vendor, and merchandise sales vendor
Operating systems and platforms

G. Professional or employment-related information, if voluntarily provided by users (under their user profile).

Our third-party service providers, such as our platform vendor, payment processors, email marketing vendor, customer support vendor, and merchandise sales vendor
Operating systems and platforms

H. Inferences drawn from other personal information, including information about a user’s interests, behaviors, and preferences.

Our third-party service providers, such as our platform vendor, payment processors, email marketing vendor, customer support vendor, and merchandise sales vendor.
Operating systems and platforms

Categories of Sources of Personal Information:

We collect personal information from the following categories of sources:

Directly from you
From cookies and similar technologies
From third-party sites or apps, content distribution channels, and platforms
From third-party service providers, data suppliers, and business partners
From social media platforms and similar services
From third-party payment processors
From internet service providers
From operating systems and platforms

Business or Commercial Purposes for Collecting or Sharing Personal Information:

See Section 3 – How We Use the Information We Collect or Receive above for the business or commercial purposes for which we collect or share personal information.

Sale of Personal Information:

In the preceding 12 months, we have not sold our users’ personal information. However, the term “sale” is defined broadly under the CCPA. As explained above, we do share with our service providers personal information that is necessary for such service provider to perform a business purpose. To the extent our use or disclosure of personal information is interpreted to constitute a “sale” under the CCPA, California residents are entitled to opt-out of the “sale” of their personal information at any time and can do so by contacting us (contact information below).

We do not sell the personal information of individuals we believe to be under 16 years old.

Notice of California Residents’ Rights:

If you are a resident of California, you have the following rights under the CCPA with respect to your personal information:

The right to request the deletion of your personal information collected or maintained by us, subject to certain exceptions.
We may deny your deletion request if retaining the information is necessary for us or our service provider to: complete the transaction for which the personal information is collected, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities; debug products to identify and repair errors that impair existing intended functionality; exercise free speech or ensure the right of another user to exercise his or her free speech, or exercise another right provided for by law; comply with the California Electronic Communications Privacy Act; enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; comply with applicable laws; comply with a legal obligation; or make other internal and lawful uses of that information that are compatible with the context in which you provided it.
The right to opt-out of the sale of your personal information to third parties. We do not sell the personal information of users of our Free Service. However, the term “sale” is defined broadly under the CCPA. We do share with our service providers personal information that is necessary for such service provider to perform a business purpose. This Privacy Policy describes the limited circumstances in which we share your personal information with third parties. To the extent our use or disclosure of personal information is interpreted to constitute a “sale” under the CCPA, California residents are entitled to opt-out of the “sale” of their personal information at any time and can do so by contacting us as provided below. If, in the future, we do sell users’ personal information to a third party, we will provide users with the opt-out and opt-in rights required under the CCPA.
The right to request that we provide you with information regarding the processing of your personal information over the preceding 12 months, including the categories of personal information we have collected about you, specific pieces of personal information we have collected about you, sources from which it was collected, categories of personal information disclosed, the business or commercial purpose for collecting or disclosing personal information, and categories of third parties with whom your personal information is shared.
The right to request that we disclose to you the categories and specific pieces of personal information that we have collected in the preceding 12 months.
The right not to receive discriminatory treatment by us for the exercise of privacy rights conferred under the CCPA. Unless permitted by the CCPA, we will not deny you goods or services, charge you different prices or rates for goods or services, including through granting discounts or benefits, or imposing penalties, provide you a different level or quality of goods or services, or suggest that you receive a different price or rate for goods or services or a different level or quality of goods or services, based on your exercise of your rights under the CCPA. If we do choose to offer you financial incentives permitted under the CCPA that result in different price rates, or quality levels, such CCPA-permitted financial incentives will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in any financial incentive program requires your consent, which you may revoke at any time.

To request information regarding our processing of your personal information or request that we delete personal information about you that we have collected, you must submit a verifiable consumer request to us via email to support@fierce-lab.com or mail addressed to us at the address below:

Tara Wilson Agency, LLC
Attention: Tara Wilson
3470 River Bend Blvd, #401
Fort Worth, TX 76116

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request twice within a twelve-month period.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Thus, your verifiable consumer 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 of such person.
Describe your request in sufficient detail that allows us to properly understand, evaluate, and respond to your request.

We will acknowledge receipt of your request and advise you on how long we expect it will take to respond if we are able to verify your identity. We will work to process your request within 45 days pursuant to the CCPA. If we need additional time in order to process your request, we will provide you with an explanation for the delay. If we are unable to honor your request, we will advise you of this fact and provide the reason why.

We will not provide social security numbers, driver’s license numbers, account passwords or security questions and answers, or any specific pieces of information that could lead to unauthorized access, result in identity theft, fraud, or impose an unreasonable risk to data or systems and network security.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that your request warrants a fee, we will inform you of the reason for this decision and provide a cost estimate before completing your request.

Section 8 – UK and EU Residents’ Rights:

If you are located in the European Economic Area or the United Kingdom, you have the rights outlined below with respect to your personal information. When we use the term “processing” or “processor” this refers to the collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, use, transmission, dissemination, combination, erasure, or destruction of information.

Right to Information Regarding the Processing of Your Personal information: You have the right to obtain the following information:

confirmation of whether and where we are processing your personal information;
information about the purpose of the processing of your personal information;
information about the categories of personal information being processed;
information about the existence of, and an explanation of the logic involved in, any automated processing of your personal information that has a significant effect on you;
information about the categories of recipients with whom your personal information may be shared; and
information about the period for which your personal information will be stored or the criteria used to determine that period.

This Privacy Policy is intended to provide much of the information listed above.

Right to Access to Your Personal information: You may request a copy of your personal information that we, or our third-party processors, collect and maintain. Similarly, you have the right to, when technically feasible, have your personal information transferred to another entity to determine the purpose and means of processing your personal information.

Right to Have Errors Corrected: You have the right to rectification of inaccurate personal information. If you notify us that any of your personal information is inaccurate or incomplete, we have the responsibility to, either directly or through our third-party processors, ensure that such personal information is erased or corrected.

Right to Have Personal information Erased or Processing Restricted: You have the right to have your personal information erased when (i) the personal information is no longer needed for its original purpose and no new lawful purpose exists; (ii) the personal information is being processed based solely on your consent and you withdraw your consent; or (iii) the personal information is being processed unlawfully. Similarly, you have the right to limit our use of your personal information when (i) the personal information is no longer needed for its original purpose, but we still need to maintain the personal information to establish, exercise, or defend legal rights; (ii) the personal information is being processed unlawfully; or (iii) the accuracy of the personal information is contested, but then our use of the personal information is restricted for only so long as it takes to verify the accuracy of the personal information.

Right to Object to Processing of Your Personal information: You have the right to object to our processing of your personal information if the basis for that processing is (a) public interest; or (b) our own legitimate interests in doing so. Additionally, you have the right to object to the processing of your personal information for the purpose of direct marketing or statistical purposes.

Right to Lodge a Complaint with a Supervising Authority: You have the right to lodge a complaint concerning the processing of your personal information with your country’s independent public authority designated to act as its data protection “supervising authority” under the GDPR.

Right to Withdraw Consent to the Processing of Your Personal information: You have the right to refuse to consent to, and to withdraw your consent to, the processing of your personal information. To the extent we rely on your consent to collect and store your information, when you withdraw such consent we must cease collection and retention of such information. Note, however, we do not require your consent to collect or otherwise process your personal information if (a) such information is not personal information or (b) such information is personal information and we have another lawful basis for processing the information (for instance, processing of such information is necessary for the purpose of a legitimate interest of ours that is not overridden by your interests or fundamental rights and freedoms). Responses to your requests to us regarding your personal information will be provided free of charge (including copies of materials), except that we may charge a reasonable fee for any repetitive requests, manifestly unfounded or excessive requests, or further copies. Similarly, we may refuse to act upon requests that are manifestly unfounded or excessive.

Lawful Basis for Processing Personal information:

We process personal information, whether directly or through third-party processors, as needed for the performance of a contract or in order to take steps prior to entering into a contract. We also process personal information, whether directly or through third-party processors, as needed for purposes of our legitimate interests, except where such interests are overridden by the interests or fundamental rights and freedoms of our Website visitors, App users, podcast listeners, or email subscribers. Our legitimate interests include enhancing podcast episodes and other media content, informing you of podcast episodes and other media content that might be of interest to you, responding to communications initiated by you, and protecting the security of our Website, App, Content and your personal information. In some instances, we might request your consent to process personal information for a particular purpose and in such instances the lawful basis for such processing is your consent.

Section 9 – Notice to Non-U.S. Residents:

Our Website, App and servers are operated in the United States. If you are located outside of the United States, please be aware that your personal information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Website or App, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States.

Section 10 – Children:

Our Website, App, and Content are not intended for use by children and, as such, are not directed to children. Moreover, we will not knowingly allow anyone under the age of 16 to provide us with personal information. Individuals under the age of 13, and in some instances under the age of 16, cannot lawfully consent to collection of their personal information. If you are under the age of 16, please do not provide us with any personal information (such as your name, email address, or phone number). If you become aware that your child (under the age of 16) has provided us with personal information, please contact us immediately. Parents have rights under the Children’s Online Privacy Protection Act (“COPPA”) to control what information is collected from their young children online and we respect those rights.

Section 11 – How to Contact Us:

If you have any questions, concerns or requests related to this Privacy Policy, our practices related to our Website, App, Free Service, or your personal information, please contact us via email at support@fierce-lab.com.

If we have reasonable doubts about the authenticity of any request to us, we may request additional information necessary to confirm your identity.

Section 12 – Updates and Changes to Our Privacy Policy:

We may modify this Privacy Policy from time to time. We encourage you to periodically review our Privacy Policy for the latest information on our privacy practices. If we have your email address, we might notify you of any changes to our Privacy Policy when they occur.