APPLIED BEHAVIOR SOFTWARE, LLC. PRIVACY POLICY
Effective Date: September 21, 2018
APPLIED BEHAVIOR SOFTWARE, LLC (hereinafter, the "Company," "we," "us," or "our") respects the privacy of our users ("User"). This privacy policy explains how we collect, use, disclose, and safeguard the User's information ("Privacy Policy") when the User's visits and uses the APPLIED BEHAVIOR SOFTWARE, LLC Mobile Application ("Application"). This Privacy Policy applies solely to information collected by this Application, except where stated otherwise. Please read this Privacy Policy carefully.
IF THE USER DOES NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE APPLICATION. Please note that this Privacy Policy does not govern the collection and use of information by companies that the Company does not control, nor by individuals not employed or managed by the Company. This Privacy Policy does not apply to third-party online/mobile store from which the User will install the Application or make payments, including any in-app virtual items, which may also collect and use data about the User. We are not responsible for any of the data collected by any such third party.
Users are responsible for any third-party Data obtained, published or shared through this Application and confirm that they have the third party's consent to enter the Data into the Application and are solely responsible for the security of any device containing the Application and Data stored therein.
ACCEPTANCE OF THIS PRIVACY POLICY
By using the Application, the User is expressly acknowledging and accepting the terms, conditions, and practices set out in this Privacy Policy and that any dispute arising from the User's use of the Application will be subject to the terms, conditions, and practices of this Privacy Policy.
ARBITRATION AGREEMENT
By agreeing to the terms, the User agrees that the User is required to resolve any claim that the User may have against the Company on an individual basis in arbitration. This will preclude the User from bringing any class, collective, or representative action against the Company, and also preclude the User from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Company by someone else.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to change this Privacy Policy at any time and for any reason. In the event that we change this Privacy Policy, we will alert you about any changes by updating the "Last updated" date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted.
RIGHTS OF USERS
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated, or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out below.
This Application does not support "Do Not Track" requests.
COLLECTION OF YOUR INFORMATION- Registration Information
In order to use the Application, the User must first complete the registration form. During registration, the User is required to provide their name and credentials. The user must also provide an email address and create a password, all of which are stored on the device and on a server maintained by the Company. Payment is required to increase the number of clients that the User can enter information about in the Application. The User is responsible for updating the Personal Data that was provided at registration.
INFORMATION ON THE PROCESSING OF PERSONAL DATA
This Application requests certain permissions from Users that allow it to access the User's device Data as summarized here and described within the Privacy Policy.
Personal Data collected: Storage permission.
Some of these services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.
Android Pay (Google Inc.)
Android Pay is a payment service provided by Google Inc., which allows Users to make payments using their mobile phones.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: USA - Privacy Policy
Apple Pay (Apple Inc.)
Apple Pay is a payment service provided by Apple Inc., which allows Users to make payments using their mobile phones.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: US - Privacy Policy
USE OF YOUR INFORMATION
Having accurate information about the User permits us to provide you with a smooth, efficient, and customized experience. The Data concerning the User is collected to allow the Company to provide its services, as well as for the following purposes: Device permissions for Personal Data access, hosting and backend infrastructure, and registration and authentication. Specifically, we may use information collected about you via the Application to:
1. Compile anonymous (using User's custom client identifier) statistical data and analysis for use internally or with third parties.
2. Email you regarding your account.
3. Fulfill and manage purchases, orders, payments, and other transactions related to the Application.
4. Monitor and analyze usage and trends to improve your experience with the Application.
5. Notify you of updates to the Application.
DEVICE PERMISSIONS FOR PERSONAL DATA ACCESS
Depending on the User's specific device, this Application may request certain permissions that allow it to access the User's device data as described below.
By default, these permissions must be granted by the User before the respective information can be assessed. Once the permission has been given, it can be revoked by the User at any time. In order to revoke these permissions, Users may refer to the device's settings.
The exact procedure for controlling application permissions may be dependent on the User's device and software. Please note that the revoking of such permissions might impact the proper functioning of this Application. If the User grants storage permission (used for accessing shared external storage, including the reading and adding of any items), the respective personal data may be processed by this Application.
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
We are not responsible for the actions of third parties with whom you share Client Data, Personal Data, or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
STORAGE OF CLIENT INFORMATION
Client Data is saved only to the device on which this Application is used. It is not stored anywhere else, including the Company's servers. However, we encourage the User to refrain from using personally identifiable information for their clients. For the client name, you could use a code or ID number or the client's first name and last initial. A field for the clients' date of birth is available but its use is not required by the Application.
Deleting this Application from a device deletes all Client Data. Reinstalling this Application on a device will not include any Client Data that was previously entered by the User but will retain the number of clients purchased and the number of clients previously added. It is the User's responsibility to back up the information entered in the Application.
SECURITY OF YOUR INFORMATION
To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we use administrative, technical, and physical security measures to safeguard and protect your Personal Data. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed to be 100% secure and protected from any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information and you understand that any information you transfer to the Company is done at your own risk.
OPTIONS REGARDING YOUR INFORMATION
Account Information
You may at any time review or change the information in your account by logging into your account settings and updating your account. This is not a subscription service; therefore, to terminate your account, simply stop using the application or delete it from your device. Please note that deleting the application will delete all of your client data and this information cannot be retrieved by us in the future (See STORAGE OF CLIENT INFORMATION), should you choose to use the application again in the future. We will retain your account information in our files including the number of clients purchased and added along with your login credentials prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
Emails and Communications
If you no longer wish to receive correspondence, emails, or other communications from us, you must notify us in writing using the contact information below.
DISCLAIMER OF WARRANTIES
APPLIED BEHAVIOR SOFTWARE, LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APPLIED BEHAVIOR SOFTWARE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLIED BEHAVIOR SOFTWARE, LLC MAY REMOVE THE APPLIED BEHAVIOR SOFTWARE, LLC SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE APPLIED BEHAVIOR SOFTWARE, LLC SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT THE USE OF, OR INABILITY TO USE, THE APPLIED BEHAVIOR SOFTWARE, LLC SERVICE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL APPLIED BEHAVIOR SOFTWARE, LLC OR ITS AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD-PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT APPLIED BEHAVIOR SOFTWARE, LLC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APPLIED BEHAVIOR, LLC'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED YOUR INITIAL PAYMENT AMOUNT FOR THE APPLICATION AND THE ACCOUNTS PURCHASED AT THAT TIME. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
DEFINITIONS
Personal Data (or Data)
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number and the information provided by the User at registration.
Client Data
Information regarding the User's client entered into the Application by the User, consisting of a unique client ID created by the User and data collected by the User regarding the client's behavior.
Usage Data
Information collected automatically from this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
Data
Personal Data, Client Data, and Usage Data, collectively.
User
The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.
Data Subject
The legal or natural person to whom the Personal Data refers.
Data Controller (or Owner)
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
Application
The hardware or software tool by which the Personal Data of the User is collected.
CONTACT US
If you have questions or comments about this Privacy Policy, please contact us at: Applied Behavior Software, LLC, 37 Wimbleton Drive, Longmeadow, MA 01106 or email support@appliedbehaviorsoftware.com