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Privacy Policy - Everseat

OVERVIEW

Everseat, Inc. (“we,” or “Everseat”) respects the privacy rights of customers, visitors, and other users (“you” or “user”) of the services provided by Everseat through its platform, software, webpages, mobile applications and other automated and online tools (collectively, the “Site”). This Privacy Policy sets forth Everseat’s policy with respect to information that is collected from users of the Site. This Privacy Policy applies only to our Site and not to any other websites or mobile applications that you may be able to access from the Site or any website or mobile application of any third party, each of which may have its own privacy policy. Your use of the services and functionalities provided on the Site (collectively, the “Service(s)”) is governed by this Privacy Policy and by Everseat’s Terms of Service. Our Services include an online platform that enables (i) a variety of service providers (“Vendors”), including healthcare providers, salons, restaurants and home services, to post available appointments or reservations and (ii) consumers to book those appointments or reservations through the platform.

The Site is not directed to children and children are not eligible to use our Service. If you are under age 18, please do not attempt to use our Service or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 18, please contact us at [email protected].

ACCEPTANCE OF POLICY: By using the site and services you hereby accept the practices and policies outlined in this Privacy Policy, and you hereby consent to the collection and use, of your information as provided herein. If you are registering an account of using the site and services on behalf of an individual or entity other than yourself, you represent that you are legally authorized by such individual or entity to accept this Privacy Policy on such individual’s or entity’s behalf.

INFORMATION COLLECTED

In order to register an account with Everseat, to enable us to provide the Services and enhance and personalize your experience, we may require you to provide us with certain information, including Personal Information. “Personal Information” means information that can be used to identify, locate, or contact an individual or business.

We collect the following types of information:

COLLECTION AND USE OF INFORMATION ABOUT YOUR COMPUTER

Certain features of the Site connect to Everseat servers over the Internet. We automatically track and collect information when you visit our Site, such as your Internet protocol address; type of operating system; browser name and version; your hardware information; your regional and language settings; version of the Software you are using; language code of the device where you installed the Software, the website you visited before our Site and other information associated with the interaction of your browser and the Site (collectively, “Traffic Data”). You will not receive a separate notice when these features connect. You may elect to use certain Services available through the Site that require you to download and install software on your computer (“Installed Tools”). The Installed Tools may collect and transmit information from your computer system solely relating to use of the Installed Tools and for the purpose of providing you the relevant Services, for example, by informing Everseat when a user is logged on and available to receive update or alert notices. By accessing the Site and using the Services and the Installed Tools, you expressly consent to the transmission and use of this information as set forth herein. Everseat may use the Traffic Data to improve the Site and make other features and services available to you, including, but not limited to, improved functionality of software and the Internet-specific Services.

COOKIES

We send cookies to your computer or mobile device in order to uniquely identify your browser and improve the quality of our Site and Service. The term “cookies” refers to small pieces of information that a website automatically sends to your computer or mobile device while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of the Site may not work properly or at all. In addition, our business partners may use Cookies to provide us with anonymous data and information regarding the use of our Site and Services. Specifically, some of our business partners use Cookies to show Everseat ads on other sites on the internet as a result of you using the Site and Services. Such Cookies do not contain any Personal Information. Additionally, if the settings on your location-aware device allow us to receive mobile location information, we will collect that automatically. If we associate location information with other Personal Information, this Privacy Policy governs how we would use that information too. functionality of software and the Internet-specific Services.

BEACONS

In limited circumstances we also may use tiny graphic image files embedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the user’s browser (“Beacons”) to collect anonymous, non-personal information about your use of the Site and Services. The information collected by Beacons allows us to statistically monitor how many people are using the Site and Services and selected applications of business partners and further improve our Services to you.

WEBSITE ANALYTICS

We use Google Analytics to help analyze how users use the Site. Google Analytics uses cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your Personal Information. Although Google Analytics plants a persistent cookie on your web browser to identify you as a unique user the next time you visit the Site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is governed by the Google Analytics Terms of Use and the Google Privacy Policy.

STORAGE

We store all Traffic Data indefinitely, even after “deletion,” and may archive such information elsewhere. We store all Personal Information until you request that we modify or delete it, in which case we may still retain certain Personal Information as described in Section 15 below.

EVERSEAT’S USE OF YOUR INFORMATION

We may use your information, including Personal Information, to administer your account, process payments, verify your identity as a registered user, and provide you with the Services and customer support, including, without limitation, to transmit appointment reservations to the Vendor and to contact consumers with appointment reminders. We may use your information, including Personal Information, to send you offers, promotional materials, and marketing information about resources or vendors that may be of interest to you, or about Everseat’s Services or other marketing purposes of Everseat. We may use your information, including Personal Information, to customize and tailor your experience with the Services, to improve the quality of the Site and Services, and to communicate with you, using emails, text messages, or other communications methods.

Everseat may use your Personal Information to create de-identified information by removing the information that personally identifies you from the Personal Information otherwise collected. Everseat may use such de- identified information and the other anonymous information and statistical information derived from your use of the Services, such as usage patterns and Traffic Data, without restriction. Such information does not in any way identify you.

We may also collect non-personal information from your mobile device if you have downloaded our mobile application. 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 mobile application,and information about the type of device you use. In addition,in the event our mobile application 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 mobile application.

SHARING OF INFORMATION

When you book an appointment using the Service, Everseat will share your relevant Personal Information with the Vendor you have selected to confirm and validate the availability of the appointment and to facilitate the direct communication between you and the Vendor regarding your booking. By using the Services, you consent to disclosure of your Personal Information to the Vendor to the extent that disclosure is necessary to book the appointment between you and the Vendor. In addition, we share certain categories of information we collect from you in the ways described in this Privacy Policy, including as described below:

CREDIT CARD INFORMATION

In order to use certain Services on the Site, a credit card number may be required. Everseat may collect your credit card information, including card number, CVV, expiration date and billing information, and share it with our payment provider to process payment. The payment provider may store your credit card information for future use on the Site; provided that your CVV number will not be stored and must be re-entered for each credit card transaction. Our third party payment provider is required to keep your credit card information secure. Everseat assumes no responsibility or liability for unauthorized disclosures of your credit card information due to transmission errors, unauthorized third party access or other reasons beyond Everseat’s direct control.

PROTECTED HEALTH INFORMATION

Additional terms regarding our use and disclosure of your protected health information is contained in the HIPAA Authorization for Use of Health Information located at https://www.everseat.com/baa/.

SECURITY; CONFIDENTIALITY OF INFORMATION

Everseat will take reasonable steps to protect your Personal Information from unauthorized access, disclosure or alteration. However, please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk. You must promptly notify us if your contact data is lost, stolen, used without permission or otherwise compromised. In such an event, we will remove that contact data from your account and update our records.

Except as otherwise outlined in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless we believe in good faith that disclosure of your Personal Information or any other information we collect about you is necessary to: (1) comply with a court order or other legal process; (2) protect the rights, property or safety of Everseat or another party; (3) enforce our Terms of Service; or (4) respond to claims that any posting or other content violates the rights of third-parties.

Email and text messages that Everseat may send you may include Personal Information and such messages are not encrypted. This means that when the messages are sent over a network, someone without your permission may be able to read them. While such interception of messages is illegal, it is possible. Everseat will use commercially reasonable efforts to prevent this from happening. In addition, once a text or email message has been sent to your mobile device or computer, it is your responsibility to keep the personal identifying information contained in such message safe and secure. By using the Service, you agree that you understand and accept the risks detailed herein.

HEALTH CARE VENDORS

This Privacy Policy addresses our use and disclosure of information we collect from and/or about you on the Site or through the Services. Information made available through the Services to doctors, dentists, and other health care Vendors is required to be used by such entities in accordance with all applicable laws, including the Health Insurance Portability and Accountability Act and related statutes and regulations (collectively, “HIPAA”).

PUBLIC INFORMATION

Any information that you may reveal in an account page, profile or other posting or other online forum is open to the public and is not in any way private. You should think carefully before disclosing any Personal Information in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.

REFERRAL PROGRAMS

a) Referring Consumers to Everseat. Everseat may enable you to share the Site and Services with others and refer friends to Everseat. From time to time, you may be eligible to receive rewards or earn other benefits for referring friends. If you wish to refer friends to Everseat, we provide you with a unique referral link, which you can share directly with others via email, social media websites, or other communication methods. If someone clicks your link and takes a qualifying action, we may attribute that referral to you for purposes such as awarding reward credit. Everseat does not collect Personal Information about the persons with whom you share your link until the persons click the link and engage directly with Everseat.

b) Referring Vendors to Everseat. Everseat enables you to refer Vendors to Everseat. You may be eligible to receive rewards or other benefits for referring new Vendors to Everseat. When you refer new Vendors, we send out an email to such Vendors indicating that you are the referral source. Except for your name, no other information is provided to the Vendors in our email.

CONTROLLING YOUR PERSONAL INFORMATION

You can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. You can manage the use of your Personal Information by tailoring your preferences in your Everseat account, adjusting your browser privacy and security settings, disabling your mobile device’s location information sharing as well as adjusting the privacy, sharing and security settings on social media platforms.

Upon your request, Everseat will use commercially reasonable efforts to delete your account and the Personal Information in your profile; however, it may be impossible to remove your account without some residual information being retained by Everseat in our archives. In addition, we may be required (by law or otherwise) to keep your Personal Information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). After we delete Personal Information, we will retain anonymous (de-identified) information and will continue to use such information as permitted under this Privacy Policy. Once we disclose some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures (including Vendors). Users who wish to close their account should email: [email protected].

LINKS TO OTHER WEBSITES

The Service may contain links to unaffiliated third party websites or mobile applications. Except as set forth herein, we do not share your personal information with them. In all cases, Everseat has no control over and is not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites. Additionally, we cannot guarantee the quality or accuracy of information presented on non- Everseat websites.

CALIFORNIA USERS

California residents using the Site and Services have certain privacy rights under California law and Everseat will abide by California’s privacy and disclosure requirements. California users may opt-out of these disclosures or request further compliance information by contacting Everseat as provided below.

UPDATES AND CHANGES TO PRIVACY POLICY

We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy. If we make any changes, we will post the amended Privacy Policy on the Site and we may also notify you in other ways. In all cases, continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

CONTACT EVERSEAT ABOUT PRIVACY

If you have any questions, comments or concerns about this Privacy Policy, please contact us at [email protected] or call us at 1-888-899-9506.

March 10, 2015