2014-05-30

Updated as of March 6, 2013

We are Schedulicity, Inc. (“Schedulicity,” “we,” “us,” or “our”). We are located at 424 East Main, Ste. 201, Bozeman, Montana. Schedulicity takes your privacy seriously. Please read the following to learn more about our privacy policy, (the “Policy”) which describes how we treat personal information when you use the Schedulicity website (“Website”), as defined in our Terms of Service. This Policy is part of the Terms of Service that govern all use of the Website. Any capitalized terms used but not defined in this Policy are defined in the Terms of Service.

What This Privacy Policy Covers

This privacy policy covers Schedulicity’s treatment of personally identifiable information that Schedulicity collects when you are on Schedulicity sites, and when you use Schedulicity’s services. This policy also covers Schedulicity’s treatment of any personally identifiable information that Website 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.

The Website also collects information that does not personally identify you (“NonPII”), which is commonly collected on the Internet. For example, we collect: the name of the domain and host for your Internet access (e.g., AOL, MSN); 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.

Information Collection and Use

Schedulicity collects personally identifiable information when you use certain Schedulicity products or services. Schedulicity may also receive personally identifiable information from Website service providers.

Schedulicity also automatically receives and records information on our server logs, such as the browser you are using, your IP address, and the pages you requested.

Schedulicity shares personally identifiable information with the businesses where you schedule reservations.

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

To prevent your mailbox from receiving unwelcome correspondence, each service provider using Schedulicity’s services maintains an opt-out list for electronic mailings you may receive from them.

We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website 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 will not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, 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).

Subscribe/Unsubscribe

To unsubscribe from a service provider’s mailing list, use the Unsubscribe link that is available in each email you receive from them. This does not suppress emails sent directly from service providers using services other than Schedulicity’s. Unsubscribing only suppresses emails sent on the initiative of service providers using Schedulicity’s services with whom you have an existing business relationship. Note that even after you unsubscribe, you will continue to receive transactional email messages regarding the status of reservations you schedule.

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. 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. 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, 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. Our privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web Websites. Any data obtained by third-party ad servers subsequently shared with us is maintained in accordance with this privacy policy.

We reserve the right to use, disclose, share, sell, retain and otherwise deal with (collectively “disclose”) all information collected via the Website, internally or to third parties, for any lawful purpose or to prevent harm to us or others. 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 or 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 or your account;

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 law 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.

Information about security:

For transactions involving credit or debit cards, service providers should use secure socket layer (SSL) encryption to protect the transmission of credit or debit card information through our Website.

Your emails to us are not necessarily secure against interception and you should not include sensitive information in those emails – we generally will not ask for your credit or debit card number, password, prescription or other sensitive information in an email and you should assume that if you get such a request, it might be fraudulent.

Except for the SSL transmissions, the Website is not encrypted. However, access to your user data is restricted by your password.

Neither passwords nor security systems, including encryption, are foolproof or necessarily work as intended. Furthermore, people can commit intentional crimes, make mistakes or fail to follow policies. Although we take what we believe are commercially reasonable security precautions, we do not guaranty the security of information and you agree to do what you reasonably can to help promote security (such as by not sharing your password with anyone). We are required in some circumstances (e.g., if you are a resident of California and other conditions are met) to disclose an invasion of certain security systems. We will give that notice when required, either by posting it on the Website or by giving notice at your email address on file with us, in our discretion. You agree to check the Website periodically, particularly if you use spam filters, which can sometimes mischaracterize and block emails.

Changes to This Privacy Policy

We reserve the right to change this Policy in our discretion in accordance with the provisions in the Terms regarding amendments, including changes that will retroactively apply to data that we already have collected from you. If we make any substantial changes we will notify you by posting a notice with our revised privacy, and through any other means, such as notices on the Website, that we deem appropriate and reasonable.

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 will ask you to confirm that 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

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:

Write us at our Legal Notices Address 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

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.

For more information about our privacy practices contact:

Email: privacy@schedulicity.com

Attention: Jim Falcione

Phone: 406-582-0494

Fax: 406-587-7150

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