• “Client” means a customer of Acuity Scheduling.
• “Client Data” means Personal Data a Client provides to use the Service.
• “Personal Data” means any information relating to an identified or identifiable natural person or considered personally identifiable information by law.
• “Public Area” means those portions of the Service that can be accessed both by Users and Visitors, without needing to log in.
• “Restricted Area” means those portions of the Service that can be accessed only by logging in.
• “User” means a person or entity that uses the Service.
• “User Data” means Personal Data that a User provides to use the Service.
• “Visitor” means an individual other than a User, who uses the public area, but has no access to the restricted areas of the Site or Service.
2. Information We Collect
2.1 Client and User Provided Information.
We collect information to provide and improve our Service to you. We sometimes collect Personal Data including:
• “Registration Information”: When you register to use our Service, you will be asked to complete a registration form. This form requires providing information such as name, address, phone/fax number, email address and other Personal Data. This form also requires providing information about your business.
• “Publishing Information“: We also collect information you submit through our Site or to us for publication on the Site through the publishing tools there. By submitting Publishing Information, you consent to its publication to the extent such information is not Personal Data.
• “Usage Data“: We may also collect information that your browser sends whenever you visit our Service. This may include information such as your computer's Internet Protocol address (i.e. IP address), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and the like. Usage Data may also include data about your purchasing patterns, your contact details, and your profile information.
• “Zoom Integration Data“: We may also collect additional information if you use our Zoom connector. The information we collect includes any or all of your Zoom account details and the information about your Zoom meetings.
When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
• “Payment Information“: We may collect billing information, credit card numbers and expiration dates, tracking information from checks or money orders, or other payment information particularly if you establish a credit account with us or our providers or if you purchase a product or service from us, other Users of the Service, or other vendors available through the Site.
• “Account Activities Information“: We record and retain the records of your Account activities when you use the Service. If you make sale and purchase transactions online through Acuity Scheduling’s web-based transaction platform, we also collect information related to such transactions including the types and specifications of the goods, pricing and delivery information, any trade dispute records.
• “Statistical Information“: In addition, we gather statistical information about our Site and Users, such as IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions, unique visitors and so forth.
• “Marketing Information“: From time to time, we gather information about our Users and prospective users during trade shows, marketing events and other functions for follow up marketing purposes.
• “Disclosed Personal Information“: From time to time, our Users may disclose Personal Data deliberately or inadvertently including without limitation to personal identifiers such as name, email addresses, telephone number, facsimile number and IP address of individuals in the course of using the Site.
2.2 Information Collected by Clients. A User may store or upload data into the Service. Acuity Scheduling has no direct relationship with the non Client Users whose Personal Data it may host as part of Client Data. Each Client is responsible for providing notice to Users who are its customers and third persons concerning the purpose for which the Client collects their Personal Data and how this Personal Data is processed in or through the Service as part of Client Data.
You can determine if and how a cookie will be accepted by configuring your browser, which is installed in the computer you are using to access the Site. If you desire, you can change those configurations in your browser to accept all cookies, to be notified when a cookie is sent, or to reject all cookies. If you reject all cookies you may be required to re-enter your information on our Site more often and certain features of our Site may be unavailable.
Examples of Cookies we may use:
• Session Cookies. We may use Session Cookies to operate our Service.
• Preference Cookies. We may use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We may use Security Cookies for security purposes.
2.4 Collected Information. By “Collected Information” we mean information collected by cookies, information collected by Clients that is provided to us or collected by us as Client Data, Registration Information, Publishing Information, Usage Data, Payment Information, Account Activities Information, Statistical Information, Marketing Information, Disclosed Personal Information and any information we may collect from you, from our affiliates, or from other parties or through any other means.
3. How we Use Collected Information
Acuity Scheduling, Inc. may use the Collected Information for various purposes:
3.1 General: We use your Collected Information to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our Site's content, layout and Service specifically for you. We may use your Collected Information to provide technical support to Clients or other services to Clients, including but not limited to investigating problems, resolving disputes and enforcing agreements with us. We may use your Collected Information to facilitate proper operation of our Service and business activities of its Users including without limitation to facilitation of effective communication between buyers and suppliers and marketing activities of Users.
3.2 Registration Information: We may use your Registration Information to provide services that you request or to contact you regarding additional services about which Acuity Scheduling determines that you might be interested. Specifically, we may use your email address, mailing address, phone number, mobile number or fax number to contact you regarding notices, surveys, product alerts, new service or product offerings and communications relevant to your use of our Site. We may generate reports and analysis based on the Registration Information for internal analysis, monitoring and marketing decisions.
3.3 Publishing Information: All of your Publishing Information will be publicly available on the Site and therefore accessible by any internet user. Any Publishing Information that you disclose to Acuity Scheduling becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyrights) in such information. You should exercise caution when deciding to include personal or proprietary information in the Publishing Information that you submit to us.
3.4 Usage Data: We use Usage Data to provide value-added services to our members including without limitation to providing buying pattern and buying behavioral data to our members to facilitate marketing initiatives and decision-making.
3.5 Payment Information: Acuity Scheduling will share your Payment Information with banks or vendors relevant to the transaction in order to enable transactions to be completed. In addition, Acuity Scheduling may use Payment Information to determine your credit-worthiness and, in the process of such determination, Acuity Scheduling may make such Payment Information available to banks or credit agencies. While Acuity Scheduling has in place up-to-date technology and internal procedures to guard your Payment Information against intruders, there is no guarantee that such technology or procedure can eliminate all of the risks of theft, loss or misuse. Acuity Scheduling shall not be liable to you or any other person for any damages that might result from unauthorized use, publication, disclosure or any other misuse of Payment Information, including credit card information.
3.6 Account Activities Information: We use Account Activities Information to provide the services that you request. We may also generate reports, statistics and analysis based on Account Activities Information to enhance and improve our Site and services. We may also use Account Activities Information to determine your credit-worthiness.
3.7 Statistical Information: We use Statistical Information to help diagnose problems with and maintain our computer servers, to manage our Site, and to enhance our Site and services based on the usage pattern data we receive. We may generate reports and analysis based on the Statistical Information for internal analysis, monitoring and marketing decisions. We may provide Statistical Information to third parties, but when we do so, we do not provide personally identifying information without your permission.
3.8 Disclosed Personal Information: We facilitate electronic commerce between businesses and our services should not be used by individual consumers or for personal use. Should Personal Information be disclosed for business purposes in the course of using our Site and services, such Personal Information may be used to provide value-added services to our members to facilitate including without limitation marketing initiatives and contacts. Uses of any Personal Information by any of our members are subject to privacy laws in the respective jurisdictions of our members. Each of our members is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same. Each of our members is expressly prohibited from using any Personal Information for illegal activities including without limitation to spamming.
4. Disclosure Of Data
4.1 Unrestricted Information. Any information that you voluntarily choose to include in a Public Area of the Service, will be available to any Visitor or User who has access to that content.
4.2 Disclosure to Service Providers. We may provide your Collected Information to our affiliates and service providers under contract (such as customer care) to support the operation of the Site and Service. We work with third party service providers who provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to, or process Personal Data or Client Data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information.
4.4 Disclosure for Law Enforcement. Under certain circumstances, Acuity Scheduling may be required to disclose or make public Collected Information, including your Personal Data. For example, we may disclose Personal Data in the good faith belief that such action is necessary to:
• To comply with a legal obligation, for example in response to a subpoena or other judicial order or when we reasonably believe that such disclosure is required by law, regulation or administrative order of any court, governmental or regulatory authority.
• To protect and defend the rights or property of Acuity Scheduling, Inc., including to identify, contact or bring legal action against someone who may be infringing or threatening to infringe, or who may otherwise be causing injury to or interference with, the title, rights, interests or property of Acuity Scheduling, our Users, Clients, partners, affiliates, Visitors, or anyone else who could be harmed by such activities.
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability
5. Retention of Data
Acuity Scheduling, Inc. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
6. Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
7. Co-Branded Relationships
8. Security Of Data
If you are a Client or User who has registered with the Service, your Registration Information, Publishing Information and Payment Information (if any) can be viewed and edited through your Account, which is protected by a Password. We recommend that you do not divulge your Password to anyone. Our personnel will never ask you for your Password in an unsolicited phone call or in an unsolicited e-mail. If you share a computer with others, you should not choose to save your login information (e.g., User ID and Password) on the computer. Remember to sign out of your Account and close your browser window when you have finished your session. If you are a User or Visitor, please note that no method of transmission over the Internet, wireless transmission, or method of electronic storage is perfectly secure. The security of your data is important to us, and we strive to use commercially acceptable means to protect your Personal Data. However, we cannot guarantee its security.
9. Children's Privacy
Our Service does not address and is not directed towards anyone under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
10. Your Rights
Acuity Scheduling, Inc. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
10.1 Modifying Personal Data. Whenever made possible, if you have registered to use our Service, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.
10.2 Removing Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. If you are not a Client or User it is extremely unlikely that we would have your Personal Data.
10.3 Data Portability. You have the right to data portability for the information you provide to Acuity Scheduling, Inc. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it. Acuity Scheduling’s systems have been set up to allow the Client with whom you shared your Personal Data to provide a copy of your Personal Data in commonly used electronic format, as it may be reasonably available and technologically feasible to obtain or segregate from other data. Therefore, you should make any request for a copy of your Personal Data to such Client.
10.4 Other Data Subject Rights. In certain circumstances, you have the right:
• To access and receive a copy of the Personal Data we hold about you
• To rectify any Personal Data held about you that is inaccurate
• To request the deletion of Personal Data held about you
Please note that our systems are set up so that the Client can respond to requests regarding these rights and you should contact any Client with whom you have shared Personal Data regarding this request. Please further note that you may be asked to verify your identity before receiving a response to such requests.
12. Contact Us