SCHEDULICITY.COM PRIVACY POLICY

Last Updated Date: December 5, 2018

We are Schedulicity, Inc. (“Schedulicity,” “we,” “us,” or “our”) a Delaware corporation located at 424 East Main St, Ste. 201, 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 Website, App and Service. Any capitalized terms used but not defined in this Policy are defined in the Terms of Service.

BY USING THE WEBSITE, APP OR SERVICE, 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 WEBSITE, APP OR SERVICE.

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 personally identifiable information that Schedulicity collects (such as your first and last name, email address and phone number) when you use the Website, App and/or Service. This Policy also covers Schedulicity’s treatment of any personally identifiable 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 Collection

Schedulicity collects personally identifiable information (PII)that you voluntarily provide. For example:

  • We may collect PII 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 personally identifiable 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 Square or Stripe) to assist in securely processing your personally identifiable 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 that does not personally identify you (“NonPII”). 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 NonPII for ordinary business purposes, such as to measure web page flow and also to customize features. Generally, we do not share NonPII with unaffiliated third parties other than our Service Providers but reserve the right to do so.

We may also collect Non-PII 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 crash 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.  This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.

Information Sharing and Use

Schedulicity shares personally identifiable information with Service Providers when you schedule reservations.

Schedulicity may also use this information to customize your experience on the Website, App and Service and to present Website users with web advertisements of interest to you based on your scheduling activities.

We use both your personally identifiable information and certain NonPII (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website, App and/or Service and to create new features, promotions, functionality, and services by storing, tracking, analyzing, and processing user preferences and trends, as well as user activity and communications.

We may use your email address or other personally identifiable information to send commercial or marketing messages. However, you may opt-out of receiving such messages by following the unsubscribe or “opt-out” instructions provided in such messages. Despite your indicated email preferences, we may use your email address without further consent for transactional or administrative purposes (such as notifying you of major Website changes or for customer service purposes).

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 mechanism. 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 personally identifiable 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 a 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 by downloading the Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout.

Disclosure of Information

We reserve the right to use, disclose, share, sell, retain and otherwise deal with (collectively “disclose”) all information collected via the Website, App or Service as described herein. For example and without limitation, in our discretion we may disclose information:

  • To 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);
  • To government regulators, law enforcement authorities or alleged victims of identity theft, including voluntary disclosures;
  • About any matter relating to the Website, App, Service or your account;
  • (a) In connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on us; (c) to protect or defend the rights or property of SCHEDULICITY or uses of the Website, App or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of law, this Privacy Policy or our Terms of Service;
  • We may share some or all of your personal data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy or receivership, personal data may also be transferred as a business asset. If another company acquires our company, business or assets, that company will posses your personal data collected by us and will assume the rights and obligations regarding your personal data as described in this Privacy Policy;
  • 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; and
  • Not listed in this Policy but which is not prohibited by applicable law or contract from being disclosed.

We do not purport to have listed all possible disclosures that we might make — this Policy is intended to help you understand our general practices. This Policy is not a promise that your information will never be disclosed except as described above. For example, third parties may unlawfully intercept or access information transmitted to or contained on the Website, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information, despite a lack of permission. Although we use what we believe to be commercially reasonable practices to protect your privacy, that does not mean, and you should not expect it to mean, that your information or communications will always be private or protected. Perfection does not exist on or off the internet.

We generally will retain information for as long as required, allowed or for as long as we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law.

 

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. PLEASE REGULARLY CHECK THE WEBSITE AND APP

Note About Children’s Privacy Issues

Schedulicity’s primary audience is adults looking to schedule reservations with service or resource 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. Any use of our Website by children under the age of 16 should only be conducted under the supervision of that child’s parent or guardian. If a child under the age of 13 has provided his or her personal information, a parent or guardian may so inform us by emailing privacy@schedulicity.com or calling 406-582-0494, 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 http://www.onguardonline.gov/topics/kids-privacy.aspx.

California Minors

If you are a California resident who is under 18 and a 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.

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., 424 East Main St., Ste. 201, Bozeman, MT 59715. 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.

 

Contact Us

For more information about our privacy practices contact:

Attention: Jane Crites

Schedulicity, Inc.

424 East Main Street, Ste. 201

Bozeman, MT 59715

Phone: 406-582-0494

Fax: 406-587-7150

Email: privacy@schedulicity.com