USE SCHEDULICITY FOR YOUR BUSINESS > Need Help? Login List My Business Schedulicity.com Privacy Policy Last Updated Date: February 24, 2021 We are Schedulicity, Inc. ("Schedulicity," "we," "us," or "our") a Delaware corporation located at 4555 Valley Common Drive, Bozeman, Montana. Schedulicity takes your privacy seriously. Please read the following to learn more about our privacy policy, (this "Policy") which describes how we treat personal information when you use the Website App and/or Service, as each are defined in our Terms of Service. This Policy is part of the Terms of Service that govern all use of the Services (as defined in the Terms of Service). Any capitalized terms used but not defined in this Policy are defined in the Terms of Service. BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE THE SERVICES. PLEASE BE AWARE THAT SCHEDULICITY AND ALL ASSOCIATED SERVICES AND SYSTEMS ARE HOUSED ON SERVERS IN THE UNITED STATES. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, INFORMATION WE COLLECT (INCLUDING COOKIES) ARE PROCESSED AND STORED IN THE UNITED STATES, WHICH MAY NOT OFFER THE SAME LEVEL OF PRIVACY PROTECTION AS THE COUNTRY WHERE YOU RESIDE OR ARE A CITIZEN. BY USING THE SERVICES AND PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO AND PROCESSING OF THE INFORMATION IN THE UNITED STATES. What This Privacy Policy Covers This Policy covers Schedulicity's treatment of personal information that Schedulicity collects (such as your first and last name, email address and phone number) when you use the Services. This Policy also covers Schedulicity's treatment of any personal information that Service Providers share with Schedulicity. This Policy does not apply to the practices of companies that Schedulicity does not own or control or to people that Schedulicity does not employ or manage. Information Collected by Schedulicity Schedulicity collects personal information that you voluntarily provide to us. For example: We may collect personal information from you, such as your first and last name, email address and password when you create an account to log in to our network. If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information, such as the location of Service Providers near you. If you opt-in to SMS/MMS text messaging service, we will collect your phone number in order to provide such services. If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply. When you book an appointment or reservation, we will collect the information you provide in connection with your reservation, including your name, applicable Service Provider, and date and time of appointment/reservation. If you purchase services through the Website, you may be required to enter certain information into a payment form, including, but not limited to, name, email address, and payment card information (including card number, expiration, address, and verification code). We use a third party payment processor ("Payment Processor," currently Clearent, Square or Stripe) to assist in securely processing your payment information, including recurring charges (if any). The credit card information that you provide is encrypted and transmitted directly to the Payment Processor. We do not store your credit card information and do not control and are not responsible for the Payment Processor or its collection or use of your information. You may find out more about how our Payment Processors store and use your credit card information by accessing the Privacy Policy for the Payment Processor's services on its website. Like most websites, the Website also collects information and other data related to your use of the Website. For example, we collect: the name of the domain and host for your internet access; your computer's internet address, browser software and operating system; dates and times of access or actions; and the internet address you left before reaching us. We use this information for ordinary business purposes, such as to measure web page flow and also to customize features. We may also collect information from your mobile device if you have downloaded our App. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the App, and information about the type of device you use. In addition, in the event our App crashes on your mobile device, we will receive information about your mobile device model, software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our App. Information Use by Schedulicity We may use the information collected to: process your reservations and requests and respond to your questions and concerns; for example, if you inquire about our Services, we may use your data to respond to and process these requests; provide you with the Services, and personalize your experience; for example, we may use information on your prior activities to tailor the features and content on the Services or Sites, or we may use technical data to remember your preferences; communicate with you about your account or transactions, and provide you with product-related communications, such as information about new features and policy updates; operate, maintain, analyze, develop, update and improve the Services. For example, we may administer and track users’ activities within the Services to determine how to improve our content and features, or we may analyze trends and gather demographic information about our user base to better tailor our marketing efforts; detect, investigate and prevent activities that may violate our policies, or applicable laws (such as fraud detection and prevention) or that may threaten the security, integrity or availability of our or another party’s products, systems and services; send you news, updates, promotions, product information, event announcements, and other marketing communications; provided that you may opt-out of receiving such messages by following the unsubscribe or "opt-out" instructions provided in such messages; provide you with and target advertising based on your activity and interests, both on our own Sites and applications and on third-party sites and applications; act pursuant to your consent for a specific purpose not listed in this policy. For example, with your consent, we may post your testimonial along with your name on our Sites. If you wish to update or delete your testimonial, please contact us as explained below. We also use aggregated information, such as usage data, for other lawful purposes, such as to create blog posts and content that others may find useful. Information Sharing by Schedulicity We do not share your personal information outside of Schedulicity except in certain circumstances, including: When you allow us to share the information, such as when you: Elect to share your personal information with third party Service Providers listed within our Services, such as when you schedule a reservation; Publish information publicly within the Services. Any such personal information shared by you will be available to others who may collect or use it; Use third-party features within the Services When we interact with Service Providers and others in order to deal with requests and questions from you; to personalize or enhance transactions; to verify, process, store, enforce, investigate and/or collect actual or potential transactions; and to assist or respond to any of the forgoing for our consultants (such as auditors and lenders); When we cooperate with other companies, such as our partners or Service Providers, to offer joint products and services to you in connection with the Services; When we respond to government regulators, law enforcement authorities, court orders or subpoenas, or alleged victims of identity theft (including, but not limited to voluntary disclosures). We reserve the right (but do not undertake a duty) to notify you of court orders, subpoenas or other legal process (if allowed). If you do not want us to respond to legal process compelling us to disclose your information, you need to seek a valid order permitting us to refuse to disclose it and serve the order on us at least 3 business days before the response deadline; When our subprocessors are providing services on our behalf. For example, we may use an outside platform to host portions of our Services or to provide certain features within the Services, or we may use a credit card processing company to bill you for services you purchase. Unless otherwise expressly noted, when acting as Schedulicity’s agents, these service providers are prohibited from using the personal information we have shared with them for purposes other than those requested by us or required by law; To enforce our terms, agreements, policies or rules, to help protect the security, integrity and availability of our or another party's products, systems and services; to exercise or protect the rights, property (including intellectual property), or safety of Schedulicity, our users, or others; to comply with legal requirements; or in other cases if we believe in good faith that disclosure is required by law (including in response to a lawful subpoena or other law enforcement request); and In connection with a sale, divesture, or transfer of our company (including any shares in the company) or any combination of its products, services, assets, affiliates, and/or businesses. Your personal information (such as customer names and email addresses, and user information related to the Services) may be among the items sold or otherwise acquired in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. We may also share aggregated information (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) for other business purposes. For instance, we may share aggregate reports with interested third parties to help them understand the usage patterns for certain parts of the Services or for our Sites or those of our partners. Please note that once personal information is shared with another company, the information received by the other company becomes subject to its privacy policies and practices. Cookies Schedulicity may set and access cookies on your computer. Schedulicity may allow other companies to use cookies, or use electronic images (e.g., GIFs) that allow a website to count users who have visited that page or to access certain cookies. We do this to improve and enhance the functionality of our Website. If you choose to not allow a cookie on your computer, our Website may not work correctly. We also may use cookies, clear gifs, log file information, and other tracking mechanisms. We may use this information for any lawful purpose, including to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in any promotions, sweepstakes and contests. Third-party Advertisers, Links to Other Websites Schedulicity allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Website or App. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Website or within the App. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see. Please note that if an advertiser asks us to show an advertisement to a certain audience (for example, women ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Website or App, such as the number of times you viewed an ad (but not any personal information), to determine which ads to deliver to you. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This Policy does not apply to, and we cannot control the activities of, such other advertisers or websites. Any data obtained by third-party ad servers subsequently shared with us is maintained in accordance with this Policy. Online Tracking and Your Choices There currently is no standard as to what an online service provider should do, if anything, in response to a "Do Not Track" signal provided by website browsers, and we currently do not take any action in response to such signals. In addition, as mentioned above, Schedulicity may allow other companies (e.g., ad partners, ad servers and ad networks) to use cookies and other technology to collect information about your browsing activities over time and across different websites when you use our Website. For example, we may use advertising services provided by third party ad partners, to market our services to you on other websites. Through a process called "retargeting," each service may place a cookie on your browser when you visit our Website so that they can identify you and serve you ads on other sites around the web based on your browsing activity. To avoid tracking by these third party ad partners, you can change your browser settings to reject cookies or to notify you when cookies are set and you could select the "Do Not Track" option on your browser, although we have no control over and cannot confirm whether these third party ad parties honor the "Do Not Track" browser signal. Additionally, many advertising companies are members of the NAI or DAA and provide opt-outs on those industry pages at networkadvertising.org/choices or aboutads.info/choices. Schedulicity also uses analytics services, such as Google Analytics, to collect information. Generally analytics services do not identify individual users. Many analytics services allow you to opt out of data collection. For example, to learn more about Google Analytics practices and to opt out, visit www.google.com/settings/ads or download the Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout. Children's Privacy Issues Schedulicity's intended audience is adults looking to schedule reservations with our Service Providers. For that reason, when you register, we indicate that you should not use the website unless you are over the age of 16. We have no intention of collecting personal information from children under the age of 16, and please do not send us any information of anyone under the age of 16. If a child under the age of 16 has provided his or her personal information, a parent or guardian may so inform us by emailing privacy@schedulicity.com, and we will use commercially reasonable efforts to delete that child’s personal information from our database (subject to applicable law and this Policy). For more information about children’s privacy on the internet, please see https://www.onguardonline.gov/topics/kids-privacy.aspx. Storage and Processing Your information may be stored and processed in – and we may transfer information to – the U.S. and other countries where Schedulicity (including its subsidiaries and affiliates) and our advertising partners and service providers maintain systems and facilities. In addition, information that we collect about you (including personal information) may be transferred to our affiliated entities and/or to other third parties across borders and/or from your country to other countries around the world. You acknowledge that we may transfer information to the U.S., to any country in which Schedulicity, its advertising partners, and its service providers maintain systems or facilities, and to other countries globally. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, you acknowledge that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, consistent with our legal obligations governing the transfer of such data. Data Security and Integrity Schedulicity is concerned about the security of your data. We have implemented technical and organizational security measures that are designed to help protect your information from unauthorized access, disclosure, use and modification. From time-to-time, we review our security procedures to consider appropriate new technologies and methods. Please be aware, though, that despite our efforts, no security measures are perfect or impenetrable. We cannot ensure, and do not warrant or guarantee, that the information you transmit to Schedulicity will remain secure, nor do we guarantee that this information will not be accessed, disclosed, altered, destroyed or used in an unauthorized manner. If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on the Site or Services if a security breach occurs. Depending on where you live, you may have a legal right to receive a notice of a security breach in writing. If you have any questions about the security of your personal information, please contact us as indicated in the ‘Contact Us’ section below. Data Retention How long we keep the personal information we collect depends on the type of information, the purpose for which it is used, how sensitive it is, and similar factors. In general, we will retain your personal information for the length of time reasonably needed to fulfill the purposes outlined in this privacy policy (including for as long as needed to provide you with the Services), unless a longer retention period is required or permitted by law. We will also retain and use your information for as long as necessary to resolve disputes and/or enforce our rights and agreements. We retain your account information for the Services for as long as your account is active and thereafter unless you request deletion. Aggregated information may be stored indefinitely. California Minors If you are a California resident who is under 18 and a permitted, registered user of our Website (e.g., created a user account on our Website), this section applies to you. Schedulicity may provide registered users the functionality of posting information on our Website. If and to the extent CA Bus. & Prof. § 22581 applies, you may request and obtain removal of content or information posted by you (as an account holder of Schedulicity) subject to the exceptions provided in this "California Minors" section. If you can accomplish removal on your own by following the instructions on our Website, then follow those instructions. If that won't work, contact us by using the contact information provided in the "Contact Us" section at the bottom of this Policy by specifying the information or content and each location of it in enough detail so that we reasonably can find it and meet your request in the ordinary course of our business. CA Bus. & Prof. § 22581 provides exceptions to your ability to request and obtain removal of content or information posted by you on our Website. Those exceptions in CA Bus. & Prof. § 22581 are: (1) federal or state laws requiring us or a third party to maintain the content or information; (2) the content or information isn't covered by the law (e.g., someone other than you posted it or your posting is stored, republished, or reposted by a third party); (3) we turned your content or information into anonymized data (such as, aggregated data or the like), thereby disabling the ability to identify your content and information among other users' content or information; (4) you don't follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. If any one of the above exceptions applies, we are not required to remove your content or information from our Website. REMOVAL OF YOUR POSTED CONTENT OR INFORMATION FROM OUR WEBSITE DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT CONTENT OR INFORMATION. The law does not require us to actually eliminate the information posted by you; the law is satisfied if we keep it but render it invisible to other users and the public. Also, some information will already be beyond our control (e.g., a user or other third party might have already copied it). Law enforcement may obtain the content or information pursuant to certain court orders. California Shine the Light Law California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request you may contact us by using the contact information in the "Contact Us" section at the bottom of this Policy. California Consumer Privacy Act Effective January 1, 2020, the California Consumer Privacy Act of 2018 (the “CCPA”) gives consumers who are California residents certain rights regarding their personal information. For more information about your rights and to exercise the rights provided to you under CCPA, please visit our California Notice. Please note that you must verify your identity and request before Schedulicity will process your request. You may be required to provide email confirmation or other information in order for us to verify your identity. Consistent with California law, if you choose to exercise your rights, you will not receive discriminatory treatment by Schedulicity. Under certain circumstances, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, your valid government issued identification, and the authorized agent’s valid government issued identification to allow Schedulicity to verify that the agent is authorized to make the request on your behalf. Submitting a Claim for Identity Theft If you or any other person believes they are a victim of identity theft, and are therefore entitled by law to request certain business records in our control, we will attempt to verify the claim as allowed by law. You need to do all of the following: Contact Us. Contact us by using the contact information provided in the "Contact Us" section found below in this Policy and include in the letter the following information about the transaction that you know or can readily obtain: (a) the date of the transaction or other relevant act; (b) any other identifying information such as an account or transaction number; and (c) other information reasonably relevant to the transaction alleged to result from identity theft; and (d) Information About You. Include in the letter information that identifies you, including: a government-issued identification card such as a driver's license. You may send us a copy but we reserve the right to have you physically present it to us or our agent; and personal information about you of the type that was provided by the alleged identity thief, or of the type that we typically require for transactions; and Affidavits and Police Report. Include with the letter: a properly completed and executed affidavit of fact on a form acceptable to us. You may use the standardized form available at the time of your request from the Federal Trade Commission; and a copy of the police report evidencing the claim of identity theft; and Authorization for Sharing with Law Enforcement. If you want us to provide the records we provided to you to a law enforcement agency or officer investigating the identity theft, you must specify in the letter who that agency or officer is and supply their proper mailing address. Even without specification, we may still provide the records if you otherwise have authorized that agency or officer to take receipt of the records. We reserve the right to require without prior notice, more, less, or different information from time to time as allowed by applicable law. Once we receive all required information, we will provide records as required by law (subject to our rights and defenses). If we are required to comply with laws other than federal law, your rights and ours may vary from the above. Accessing or Updating Your Personal Information You may request access to your personal information or correct an error or omission in your personal information by contacting us at privacy@schedulicity.com or write us at: Schedulicity, Inc., 4555 Valley Commons Drive, Bozeman, MT 59718. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. Changes to This Policy We reserve the right to change this Policy in our discretion. If we make any changes to this Policy we will update the Last Updated date above, and make a new version of this Policy available on the Website or within the App. We will provide notice to you (as described below) if these changes are material. Notices may be by email to the last email address you provided us, by posting notice of such change on our Site or the Service, or by other communication channels. You consent to receiving notices in these ways. We reserve the right to determine the form and means of providing notifications to you, consistent with applicable law. Contact Us For more information about our privacy practices contact: Attention: Legal Schedulicity, Inc. 4555 Valley Commons Drive Bozeman, MT 59718 Email: privacy@schedulicity.com Need Help Booking? About Us Privacy Policy Terms of Service Do Not Sell My Personal Information (California) © 2009-2021 Schedulicity, Inc. U.S. Pat. Nos. 8,244,566 and 8,671,009. Schedulicity