Effective date: May 1, 2021
INFORMATION WE COLLECT
We may collect personal information about you. “Personal Information” means, without limitation, your name, mailing address, email address, birthdate, contact information, billing information, and other personally identifiable information.
How we collect and store information depends on how you access and use the Services. We collect information in multiple ways including when you provide information directly to us, when you permit third parties to provide information to us, and when we passively collect information from you, such as information collected from your browser or device.
Personal Information You Provide Directly to Us
We may collect Personal Information and other information from you that you provide directly to us through your use and access of the Services, such as:
- When you register for an account;
- When you send messages to, or receive messages from, other Users;
- When you subscribe for electronic communications, including but not limited to newsletters, news, or marketing and promotional materials;
- When you provide responses to surveys or questionnaires;
- When you provide payment information;
- When you submit a request to advertise;
- When you submit a rating or review;
- When you create an event;
- When you create a listing seeking or offering services; or
- When you otherwise communicate with us or other Users through the Services.
Personal Information Collected from Affiliates or Advertising Partners
- Affiliates. We may collect information about you or others through affiliate third party service providers we use to analyze how you interact and engage with the Services or to help us provide you with customer support.
- Advertising Partners. We may collect information about you or others from any of our advertising partners who assist us with marketing or promotional services related to how you interact with our Services, advertisements or communications.
- Information That is Passively or Automatically Collected
- Location Information. When you use the Services, we may collect general location information (e.g., IP address). To deliver customized content and advertising, we may share your location information with our affiliate third party service providers.
You can choose to accept or decline Cookies. Most web browsers automatically accept Cookies, but your browser may allow you to modify your browser settings to decline Cookies if you prefer. If you disable certain Cookies, you may be prevented from taking full advantage of the Services, because it may not function properly. As we adopt additional technologies, we may also gather additional information through other methods.
HOW WE USE THE INFORMATION COLLECTED
We may use your information for any of the following commercial or business purposes:
- For the purposes for which you provided it;
- To enable you to use the Services, including registering you for an account and verifying your identity and authority to use our Services;
- For customer support and to respond to your inquiries;
- For internal record-keeping purposes;
- To administer surveys or questionnaires;
- To track fees and process billing and payment, including sharing with third-party payment gateways and payment service providers in connection with the Services;
- To improve and maintain the Services, including testing, research, internal analytics, and product development;
- To address fraud or safety concerns, or to investigate complaints or suspected wrongdoing;
- To periodically send promotional emails regarding new products from Empathic, special offers from Empathic, or other advertising or marketing information that may interest you;
- For Empathic’s market research purposes, including, but not limited to, the customization of the Services according to your interests;
- For other research and analytical purposes, including by using aggregated and anonymous information collected through the Services;
- To fulfill our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; and
- To protect your rights, property or safety, or that of Empathic or another party, and to enforce any legal terms that govern your use of the Services.
WHEN WE DISCLOSE YOUR INFORMATION
- Service Providers. We may provide access to your information to certain third parties who perform services on our behalf. These third parties provide a variety of services to us including without limitation billing, sales, marketing, advertising, market research, data storage, analysis and processing, identity verification, fraud and safety protection, legal services and other functions. We share information from or about you with these third-party providers so that they can perform their services or complete your requests. As we retain new service providers, we generally seek contractual assurances from these service providers that they will not use your information in any manner other than to help us provide you with the Services.
- Aggregate or Anonymous Information. We may disclose information of Users in the aggregate to third parties, such as businesses that are listed on Empathic.
- Business Transfers. As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such contemplated or actual transactions or where there is any change of control of Empathic, information of Users may be among the shared and/or transferred assets.
- Legal Requirements. We may disclose your information when required by applicable law or when we believe in good faith that such disclosure is necessary to: (a) comply with legal or law enforcement processes, such as a search warrant, subpoena, statute, judicial proceeding or other legal process or law enforcement request; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Services; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public. If you flag or otherwise complain to us about content through the Services, we may share the substance of your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond.
- Third Party Integration. If you sign up for, or log into, Empathic using a third-party service like Facebook or Google, or link your Empathic account to your account with a third-party service like Facebook or Google, we may receive information about you from such third-party service. If you post content to a third-party service through the Services, that third party service will also receive that content, which will be visible to anyone that has access to it through that third party service. Some of our web pages may utilize framing techniques to serve content to you from our third-party partners, while preserving the look and feel of the Services. In such cases, please note that the information you provide may be transmitted directly to the identified third-party service partner. If you interact with businesses through Empathic, they will receive whatever information you choose to share with them, for example contact information you share through direct messages to the business or your phone number if you call the business.
Empathic leverages leading cloud hosting and security providers to enable enterprise-level security to protect the Personal Information submitted to us through the Services, both during transmission and after we receive it. For example, the Services use (i) Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Information; (ii) industry leading managed web application firewall to prevent hostile attacks; and (iii) advanced distributed denial of service (DDoS) mitigation to protect against security vulnerabilities and DDoS attacks.
However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use leading security technology to protect your Personal Information, we cannot guarantee its absolute security, and except as expressly required by law, we are not responsible for the theft, destruction, loss or inadvertent disclosure of your Personal Information, other information or content.
UPDATING, DELETING, AND CORRECTING YOUR INFORMATION
The Services may contain links to other websites or resources over which Empathic does not have any control. Such links do not constitute a recommendation or endorsement by Empathic of those external websites nor does Empathic share your information with them, except as set forth herein. You acknowledge that Empathic is providing these links to you only as a convenience, and further agree that Empathic is not responsible for the content of such external websites or the protection and privacy of information you provide while visiting such external websites.
CHOICE TO OPT-OUT
We may send periodic marketing and promotional emails to you. You may opt out of such emails by following the opt-out instructions contained in the emails, such as unsubscribing. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any services you have requested or received from us. Users may also request to have a listing be removed from the Services by contacting us at Team@empathic.health through the help center. Please note that it may take up to 10 business days for us to process such listing removal requests.
The Services are intended for a general audience and are not directed to individuals under 18. We do not knowingly collect Personal Information from individuals under 18. If you become aware that an individual under 18 has provided us with Personal Information without parental consent, please contact us at Team@empathic.health. If we become aware that an individual under 18 has provided us with Personal Information without parental consent, we take steps to remove such information and terminate the individual’s account.
For security purposes, we will take such steps as we deem necessary to confirm your identity before completing your request or sharing any Personal Information with you.
This Policy is current as of the effective date set forth above. Empathic, in its sole and absolute discretion, may change this Policy at any time. We will post an updated Policy on the Services, notify you by email or otherwise through the Services prior to or on the effective date of the changes. By continuing to access or use the Services after those changes become effective, you acknowledge the updated Policy and agree to the updated terms of the then-current Policy.
CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights around Empathic’s collection, use, and sharing of their Personal Information. The CCPA does not apply to all for-profit businesses and these rights are subject to certain exceptions.
Empathic does not sell your Personal Information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your Personal Information. Empathic may share certain Personal Information with third parties as described in the section “When We Disclosure Your Information.” To opt out of such sharing, you may email us at firstname.lastname@example.org.
Empathic collects various types of Personal Information when you use the Services, including personal identifiers, business information, Internet or other electronic network or device activity information, geo-location data, and professional information. We provide above information about what information Empathic collects, how we use it, when we share such information, and with whom we share such information.
As a resident of California, you have the right to request to know what Personal Information has been collected about you, and to access that information. You also have the right to request deletion of your Personal Information, though exceptions under the CCPA may allow Empathic to retain and use certain Personal Information notwithstanding your deletion request. You may send your data rights request by email to email@example.com. We will not discriminate against you for exercising your rights under the CCPA. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.
Additionally, California’s Shine the Light law gives California residents the right to ask for a list of third parties that have received your information for direct marketing purposes during the previous calendar year. If we have shared your information, this list will contain the types of information shared and we will provide this list at no cost. To make such a request, contact us at Team@empathic.health.
NEVADA PRIVACY RIGHTS
Nevada Privacy Law (SB 220) requires website operators to provide a way for Nevada consumers to opt out of the sale of certain Personal Information that the website operator may collect about them. Empathic does not sell your Personal Information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada Privacy Law, please contact us at Team@empathic.health.
EUROPE GENERAL DATA PROTECTION REGULATION
If you are from the European Economic Area (“EEA”), Empathic may collect and process your Personal Information as described in this Policy in the following contexts: (i) we need to perform a contract with you; (ii) you have given us permission to do so; (iii) the processing of your information is in our legitimate interest and is not overridden by your rights; (iv) for payment processing purposes; or (v) to comply with the law.
Where the European Union’s General Data Protection Regulation (“GDPR”) applies to you, you have the right to (i) access your Personal Information; (ii) request that we correct, update or delete your Personal Information; (iii) object to our processing of your Personal Information; (iv) restrict the processing of your Personal Information; (v) be provided with a copy of your Personal Information in a structured, common and machine-readable format; and (vi) withdraw your consent at any time where Empathic relied on your consent to process your Personal Information. Please see Section 8 for other means to opt-out of our data collection and processing practices.
Prior to responding to any requests to exercise your rights under GDPR, we require you to verify your identity with us. To exercise any of your rights under GDPR, please contact us at Team@empathic.health. You acknowledge that for each of the foregoing rights we may have valid legal reasons to refuse your request and, in such instances, we will let you know if that is the case.
For European residents, please note that the Personal Information we obtain from or about you may be transferred, processed, and stored outside of the EEA or Switzerland for the purposes described in this Policy, including in the United States of America. We take the privacy of our users seriously and therefore take steps to safeguard your information, including ensuring an adequate level of data protection in accordance with E.U. standards in effect as of the date of this Policy. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.