tru® STRENGTH REALIZATION PLATFORM
PRIVACY NOTICE
Effective Date: June 1, 2023
Last Updated: March 1, 2026
This Privacy Notice explains how BreakThrough Performance Systems, Inc. (“BPS” or “our” or “we”),owner of the tru® uses and discloses Personal Data that (i) we collect from individuals who visit our website and associated sub-domains located at https://www.tru-sr.com (the “Site”) and mobile application located at https://www.tru-sr.app (the “Application”) and otherwise engage with us in business activities, or (ii) we receive from you or our Client (your employer), as applicable, as a data processor.
to BPS or opt out of certain circumstances. You may also limit the communications that BPS sends to you.
To opt-out of commercial emails, simply click the link labeled “unsubscribe” at the bottom of the commercial email we send you. Please note that if you are currently receiving services from BPS and you have decided to opt-out of emails, this will not impact the messages we send to you for purposes of delivering such services (including those generated by trudy for reminders, goal prompts, or coaching nudges) or as permitted by applicable law. Users may disable AI coaching prompts separately through account settings.
If you have questions about your choices or if you need assistance with opting-out, please contact us via email to customerservice@bp-systems.com. You may also write to us at the address in the “How to Contact Us” section below. If you send us a letter, please provide your name, address, email address, and information about the communications that you do not want to receive.
9. Access, Correction, Erasure, and Other Individual Rights.
BPS respects your right to access, correct, and delete your Personal Data, or object to the processing of your Personal Data. If you have an online account, you may log into your account to access update or delete the information you have provided to us. Additionally, you may contact customerservice@bp-systems.com to request access to your data, or to exercise any of the individual rights afforded to you by BPS’s Business Code, or by applicable data protection laws and regulations. You may also write to us at the address in the “How to Contact Us” section below. If you send us a letter, please provide your name, address, email address, and detailed information about the changes you would like to make. BPS will respond to requests as soon as possible and in accordance with applicable data protection laws.
You may request (i) access all Personal Data and AI Interaction Data stored in your account, (ii) to correct inaccuracies, including coaching memory summaries, (iii) to delete data or reset AI memory, (iv) to export your data in a machine-readable format, (v) to obtain an AI Explainability Summary for any trudy generated insight, and (vi) to object to or limit processing of AI Interaction Data.
Where BPS is acting as processor for your employer, your employer is responsible for responding to applicable rights requests.
This section is not applicable if BPS processes your data according to a contract with your employer. Your contact will be your employer who can inform you about any rights you may have.
10. Information Security.
BPS is committed to maintaining appropriate organizational, technical, and physical controls to protect Personal Data entrusted to BPS. These controls protect Personal Data from anticipated threats and hazards and unauthorized access and use. You should also take steps to protect yourself, especially online. When you register at the Site, choose a strong password, and do not use the same password that you use on other websites. Do not share your password with anyone else. BPS will not ask you for your password in an unsolicited phone call or in an unsolicited email. Also remember to sign out of the Site and close your browser window when you have finished your work. This is to ensure that others cannot access your Personal Data and correspondence if they have access to your device.
BPS also conducts periodic AI system risk assessments, including (i) model integrity testing, (ii) bias and fairness reviews, (iii) security audits of AI memory storage, and (iv) access logging and monitoring for all AI-related data objects
All access to AI Interaction Data is logged, monitored, and protected with encryption and role-based restrictions. All data porting requests, coaching memory resets, and cross-role access events are stored in tamper-evident audit logs.
We apply enhanced security controls for AI-related data, including encryption of conversation transcripts, role-based access restrictions, and continuous monitoring of AI memory retrieval events. All activities involving AI Interaction Data is logged to support auditability and misuse prevention.
11. Data Retention & Versioning.
BPS will retain your Personal Data for as long as necessary for delivering the Services or as required by applicable law. AI Interaction Data is retained until you delete your account, request deletion/reset of your coaching memory, or until required retention periods expire. Versioned purpose statements, goals, and coaching summaries are retained solely for user benefit and may be deleted upon request.
BPS follows a Global Records Information Management (“RIM”) Policy and has established records retention schedules for all types of Personal Data that BPS processes. Personal Data is retained in accordance with the records retention schedules to ensure that records containing Personal Data are retained as needed to fulfill the applicable business purposes, to comply with applicable laws, or as advisable in light of applicable statutes of limitations. When the retention period has expired, records containing Personal Data will be securely deleted or destroyed, de-identified, or transferred to archives, in accordance with BPS’s RIM Policy.
The tru® platform retains certain data objects in a versioned format, including (i) purpose statements, (ii) My Path Forward goals and satisfaction ratings, (iii) coaching interaction summaries, (iv) environment factor assessments, (v) satisfaction/energy trend logs.
Users may request deletion or reset of versioned data objects at any time, unless retention is required by law.
This section doesn’t apply to processing carried out through a contract between your employer and BPS.
12. Third-Party Systems & Integrations.
The tru® platform may enable optional integrations with third-party systems such as LinkedIn, LMS platforms, HCM systems, or calendars. Examples include (i) importing a resume or LinkedIn profile, (ii) connecting an LMS for training recommendations, and (iii) integrating calendars for reminders or goals.
Such data is exchanged only when you explicitly authorize the connection. External systems operate under their own privacy terms, and BPS does not use external data unless initiated by you.
13. International Data Transfers.
BPS is headquartered in the United States of America. Your Personal Data may be accessed by or transferred to the United States or elsewhere in the world in accordance with this policy.
Where authorized by your employer, BPS will transfer Personal Data pertaining to individuals located outside of the United States to our affiliates and suppliers in the United States and elsewhere in the world, pursuant to applicable data protection laws. We will only transfer Personal Data pertaining to individuals located in the European Economic Area as permitted by law.
When acting as a data controller, BPS processes data under lawful bases including contract performance, legitimate interests (coaching, development, and platform improvement), and consent (for optional AI or imported data). You may withdraw consent for optional features at any time.
14. Job Applicants.
If you have applied for employment with BPS, the Personal Data submitted with your job application will be added to our recruitment system and used for recruitment and other customary human resources purposes in accordance with BPS privacy policies.
15. Changes to this Privacy Notice.
We may update this Privacy Notice to reflect new or different privacy practices. We will place a notice online when we make material changes to this Privacy Notice. If changes materially affect how AI Interaction Data or coaching memory is used, we will notify users before the effective date and provide instructions for reviewing or deleting data.
16. How to Contact Us.
Please contact us if you have questions, or comments. You may reach us via email at customerservice@bp-systems.com. For privacy questions specific to AI, data portability, or trudy coaching memory, you may contact our Data Protection Officer at: privacy@bp-systems.com.
You may also contact us by mail at the following address:
Breakthrough Performance Systems, Inc.
Customer Service
748 St. John Circle
Pleasanton, CA 94566
If you send us a letter, please provide your name, address, email address, and detailed information about your question, comment, or issues.
17. How to Lodge a Complaint.
If you believe that BPS has not handled your Personal Data properly or that it has breached its privacy obligations, under any applicable data protection laws or the Business Code or of applicable law, you may file your complaint in writing to the address above, or via email, to customerservice@bp-systems.com. If your inquiry relates to AI-generated insights or automated processing, please specify this in your complaint so that BPS can perform a targeted review.
The Global Data Privacy and Governance Team will investigate each complaint and notify you within a reasonable timeframe of the outcome of the investigation. If you are not satisfied with the resolution BPS proposes, you may lodge a complaint in accordance with the provisions of the Business Code.
1. Types of Personal Data.
8. Communication Preferences. When BPS acts as a data controller, you may limit the information you provide
“Personal Data” is any information that can be used to identify, locate, or contact you. Some examples of Personal Data include your name, username, mailing address, telephone numbers, email address, customer account information, or other information about how you use the Site and Application. Personal Data also includes other information that may be associated with your Personal Data.
Personal Data also includes any information generated or used by our AI-powered coaching technologies (“trudy”), including persistent coaching memory, recommendation history, purpose-statement versions, satisfaction trends, insights summaries, and interaction transcripts (“AI Interaction Data”).
BPS offers the Application, which allows you to access your account, interact with us online, and receive other information via your mobile device. Personal Data collected by BPS via our Application is protected by the terms of this Privacy Notice or our Privacy Notice for Client Employees, as applicable.
Interactions with trudy through the mobile application generate AI Interaction Data (voice or audio inputs transcribed and stores as such) governed by this Privacy Notice. If you use voice or audio features (when available), those interactions may be transcribed and stored in coaching memory.
2. How BPS Collects Personal Data & Categories of Personal Data Collected.
7. Mobile Applications.
a. General. In the ordinary course of business, BPS collects and processes Personal Data.
When we collect Personal Data on behalf of your employer, we act as a data processor under applicable data protection laws and process such data only as instructed by your employer.
Although our Site currently does not have a mechanism to recognize the various web browser Do Not Track signals, we do offer Individuals choices to manage their preferences that are provided in the previous sections above. The Site does not collect Personal Information about an individual consumer’s online activities over time and across different websites when a consumer uses the Site. To learn more about browser tracking signals and Do Not Track please visit http://www.allaboutdnt.org/. BPS uses Google Analytics as a third-party vendor. For information on how Google Analytics uses data, please visit “How Google uses data when you use our partners sites or apps”, located at http://bit.ly/2jXZ13Y.
When we provide services directly to individual subscribers or coaches, we function as a data controller. BPS, when acting as a data controller, collects the following categories of Personal Data directly from you: first name, last name, email address, professional information, billing information, address, and phone number.
AI Specific Collection. When you interact with trudy, our AI-powered coaching agent, we collect information you provide in your conversations and coaching flows, including reflections, ratings, and narrative inputs; generated purpose-statement versions; goals, strengths, and preferences; responses to coaching prompts; and summaries of coaching interactions.
In many cases, the information we collect using cookies and other tools is only used in a non-identifiable way, without reference to Personal Data. For example, we use information we collect about website users to optimize our Site and to understand website traffic patterns. In some cases, we do associate the information we collect using cookies and other technology with your Personal Data. This Privacy Notice applies to the information when we associate it with your Personal Data.
This data is stored in a persistent coaching memory to offer personalized insights and may be viewed, exported, or deleted by you at any time.
We collect many different types of information from cookies and other technologies. For example, we collect information from the device you use to access our Site, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also record the Internet Protocol (“IP”) address assigned to the device you use to connect to the Internet. An IP address is a unique number that devices use to identify and communicate with each other on the internet. We may also collect information about the website you visited before you came to the Site and the website you visit after you leave our Site.
Sources of Personal Data. We obtain Personal Data from the following sources: (i) directly from you (forms, assessments, profile inputs); (ii) indirectly from you (site analytics, cookies), (iii) indirectly from your employer (if you access the Site or Application via an Enterprise subscription), and (iv) from your interactions with trudy and AI-enabled coaching flows.
In many cases, you can manage cookie preferences and opt-out of having cookies and other data collection technologies used by adjusting the settings on your browser. All browsers are different, so visit the “help” section of your browser to learn about cookie preferences and other privacy settings that may be available. Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and/or web beacons generate a notice of that action. These tools allow us to measure responses to our communications and improve our web pages and promotions.
We will ask you for Personal Data when you interact with us, such as registering on our Site, signing up to receive a newsletter or marketing communications, making a purchase, entering comments related to job priorities and other work-related activities, as well as commenting with team members, coaches, and business leaders through the software, engaging with the Peak Experience, Preferred Environment, truSelf Portrait or tru-up tools, or providing services, goods, or products.
When you visit our Site, use our Application, or receive digital communications from us, we collect certain information by automated means, using technologies such as cookies, pixel tags, browser analysis tools, server logs, and web beacons. For example, when you visit our Site, we place cookies on your device. Cookies are small text files that websites send to your computer or other internet-connected device to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognize you when you return. They also help us provide a customized experience and enable us to detect certain kinds of fraud. Cookie and analytics data may also be used to (i) measure engagement with AI coaching modules, (ii) personalize trudy’s recommendations, and (iii) track completion of features such as truSelf Portrait, tru-Up Survey, or My Path Forward.
If you interact with us through the Site or Application, we use cookies or other technological tools to collect information about your device and your use of our Site or Application. We treat this information as Personal Data when it is associated with your contact information. For more information about cookies and other technologies, please see the section “Cookies and Other Data Collection Technologies” below.
6. Cookies and Other Data Collection Technologies.
3. How BPS uses Personal Data.
BPS does not provide your Personal Data to third parties outside of BPS for their own marketing purposes. We share your Personal Data (i) with our service providers, who are bound by law or contract to protect your Personal Data and only use your Personal Data in accordance with our instructions; (ii) to enforce our rights, protect our property, or protect the rights, property, or safety of others; in connection with the sale, assignment, or other transfer of BPS’s business or assets, or as needed to support external auditing, compliance and corporate governance functions; (iii) when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the United States and other countries where we operate, and (iv) as instructed or permitted by your employer (when we are acting as a data processor) or you as needed to provide the services that you and/or your employer have requested.
Please note that we may also use and disclose information about you that is not personally identifiable. For example, we may publish reports that contain aggregated, anonymized, and/or statistical data about our Clients. These reports do not contain information that would enable the recipient to contact, locate, or identify you. These reports also do not contain identifiable company information.
When BPS is acting as a data processor to your employer, BPS processes your Personal Data only as instructed or permitted by your employer, in which case only your employer can inform you of the different purposes for which it will process your Personal Data through our products.
5. Why and How Personal Data is disclosed by BPS.
Otherwise, BPS uses your Personal Data for the following business purposes:
a. Business Purposes - Processing Personal Data pertaining to Business Contacts/Professionals. Personal Data pertaining to business contacts/professionals with whom BPS has a business relationship may be processed as needed (i) to send communications related to providing services (such as emails from us about events such as doing your Peak Experiences, conducting your tru-up or being part of a Fulfillment Index Pulse, requests for information, responses to requests for information, orders, confirmations, training, and service updates); (ii) for account management, accounting, finance, and dispute resolution purposes (such as accounts receivable, accounts payable, account reconciliation, cash management, or money movement) and for consolidated management and reporting, (iii) to ensure quality control and to enforce our standards and policies, (iv) for security management, including monitoring individuals with access to the Site, Application, systems, or facilities, investigation of threats, and as needed for any data security breach notification; (v) to anonymize or de-identify the Personal Data, and (vi) for purposes of providing coaching, professional development, fulfillment reviews, and employee insights, and tracking.
Data Export Rights. You may request a portable machine-readable export of your data at any time. Exports include (i) Personal Data, (ii) AI Interaction Data, (iii) goal history, (iv) purpose statement versions, and (v) coaching memory summaries
b. Business Purposes - Processing Personal Data pertaining to Consumers and Other Individuals. Personal Data pertaining to consumers and other individuals may be processed as needed (i) to provide the information, product, or service requested by the individual, and as would be reasonably expected by the individual given the context in which the Personal Data was collected, and the information provided in the applicable Privacy Notice given to the individual (such as for personalization, remembering preferences, or respecting individual rights); (ii) or due diligence, including verifying the identity of the individual, as well as the eligibility of the individual to receive information, products, or services; (iii) to send transactional communications (such as requests for information, responses to requests for information, orders, confirmations, training materials, and service updates); (iv) to manage an individual’s account, such as for customer service, finance, and dispute resolution purposes; (v) for risk management and mitigation, including for audit and insurance functions, and as needed to license and protect intellectual property and other assets; (vi) for security management, including monitoring individuals with access to the Site; Application, systems, or facilities, investigation of threats, and as needed for any data security breach notification; (vii) to anonymize or de-identify the Personal Data; (viii) for purposes of providing coaching, professional development, performance reviews, and employee insights, and tracking.
Porting for Former Coaching Clients. When a coaching engagement ends, your coach will lose access to your data unless you explicitly grant ongoing access. Coaches must transfer or delete client data in accordance with this Privacy Notice.
c. Business-Necessary Processing Activities. BPS may also process Personal Data as needed (i) to protect the privacy and security of the Personal Data it maintains, such as in connection with advanced security initiatives and threat detection; (ii) for treasury operations and money movement activities; (ii) for compliance functions, including screening individuals against sanction lists in connection with anti-money laundering programs; (iv) for business structuring activities, including mergers, acquisitions, and divestitures; and (v) business activities, management reporting, and analysis.
Porting for Departing Employees. If you leave an organization that provided access to the tru® platform, you may request to “port” your account to an individual subscription. Upon identity verification (i) all Personal Data and AI Interaction Data associated with your identity will be transferred to your new personal account, (ii) your former employer will lose access to individual-level data, and (iii) aggregated or anonymized insights previously provided to the employer will not be altered.
d. Development and Improvement of Products and/or Services. BPS may process Personal Data to develop and improve BPS’s products and/or services, and for research, development, analytics, and business intelligence.
Ownership. You retain ownership of the Personal Data and AI Interaction Data associated with your tru® account, including (i) Achievement DNA results, (ii) truSelf Portrait data, (iii) purpose statement versions, (iv) My Path Forward goals (active, completed, and ratings), (v) trudy coaching memory and interaction summaries, (vi) satisfaction and energy trends, (vii) uploaded resumes, reflections, or personal statements, and (viii) any additional information provided during AI-assisted coaching flows
BPS does not claim ownership over your personal inputs or the insights generated from them.
Porting.
e. Relationship Management and Marketing. BPS may also process Personal Data for relationship management and marketing. This purpose includes sending marketing and promotional communications to individuals who have not objected to receiving such messages as may be appropriate given the nature of the relationship, such as product and service marketing, investor communications, client communications (e.g., HR compliance alerts, product updates, and training opportunities and invitations to BPS events), customer satisfaction surveys, supplier communications (e.g., requests for proposals), corporate communications, and BPS news.
4. User Data Ownership & Portability.
BPS uses your Personal Data for secondary purposes such as (i) disaster recovery and business continuity, including transferring the information to an archive, (ii) internal audits or investigations, (iii) implementation or verification of business controls, (iv) statistical, historical, or scientific research, (v) dispute resolution, (vi) legal or business counseling, (vii) compliance with laws and company policies, and (viii) insurance purposes.
h. Role-Based Processing and Access Control. Access to Personal Data, including AI Interaction Data, is governed by strict role-based permissions:
(i) Individual Subscribers. Full access and control of all personal and AI data.
(ii) Enterprise Users. Employer may have access to aggregated analytics but not individual-level coaching transcripts, purpose drafts, or AI conversation summaries.
(iii) Coaches. May access only the information from users they actively support. Access terminates automatically upon completion of coaching engagement.
(iv) Administrators. Limited to account provisioning, porting, and system management. No access to private coaching content.
Use of Trusted Service Providers. We share information with trusted service providers who perform services on our behalf such as cloud hosting, analytics, communications and AI processing, These providers are contractually obligated to protect the data and only process for authorized purposes.
f. Use of Artificial Intelligence and Automated Coaching Tools. BPS uses generative and agentic artificial intelligence (“AI”) to provide personalized coaching guidance within the tru® platform. This processing includes (i) interpreting truSelf Portrait results, (ii) identifying themes in Achievement DNA, (iii) refining purpose statements, (iv) suggesting development actions, roles, or goals, (v) detecting satisfaction or energy trends, and (vi) generating learning or mobility recommendations.
g. AI Interaction Data and Coaching Memory. trudy maintains a persistent coaching memory tied to each user account for the purpose of delivering more relevant insights and recommendations over time. Coaching memory includes summaries of interactions, preferences, accepted suggestions, goal history, energy trends, and purpose-statement revisions. Users may request at any time to (i) view their coaching memory, (ii) export their coaching memory; or (iii) delete or reset their coaching memory.
AI-generated suggestions are advisory in nature and are not used as the sole basis for employment decisions or for any decisions that produce legal or similarly significant effects. You retain the right to request human review of any recommendation or interpretation produced by AI.
Users may request an “AI Explainability Summary,” which outlines the primary data inputs and reasoning patterns used to generate a specific recommendation.