Privacy Policy

EFFECTIVE DATE: August 1, 2021

1. SCOPE OF THIS POLICY

    FlipTree LLC ("FlipTree", "we", "our", or "us") values your privacy. When you use FlipTree, you trust us with your personal data. That starts with helping you understand our privacy practices. This Privacy Policy ("Policy") describes the personal data we collect, how it is used and shared, and your choices regarding this data. This Policy applies to the Platform, and all Users on the Platform. This Policy is incorporated by reference into the Terms of Use. Any capitalized terms used and not defined in this Policy shall have the meaning given to them in the Terms of Use. By accessing or using the Platform, you agree to this Policy. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT ACCESS OR USE THE PLATFORM.

2. KEY TERMS

    "Platform" means all FlipTree websites, mobile or other applications, software, processes and any other services provided by or through FlipTree, which enable Service Recipients to connect to Service Providers, and Service Providers to connect to Service Recipients.

    "Application" (each a "Application" and, collectively, the "Applications") means mobile or other applications.

    "User" (each a "User" and, collectively, the "Users") means a person or entity who completes FlipTree's Account registration process on the Platform or a person or entity who submits or receives a request through the Platform, including but not limited to Service Recipients and Service Providers.

    "Member" (each a "Member" and, collectively, the "Members") means a User on the Platform.

    "Account" (each a "Account and, collectively, the "Accounts") or "User Account" (each a "User Account" and, collectively, the "User Accounts") means password-protected personal account of a User on the Platform.

    "Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Service requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.

    "FlipTree Content" means all Content FlipTree makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.

    "User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other User of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding FlipTree Content and Feedback.

    "Collective Content" means User Content and FlipTree Content together.

    "Service" (each a "Service" and, collectively, the "Services") means the service listed, quoted, scheduled, offered or provided by Service Provider, or sought, scheduled or received by Service Recipient, through the Platform.

    "Service Recipient" (each a "Service Recipient" and, collectively, the "Service Recipients") means a User who is registered to receive quotes for Services, requests quotes for Services, or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of Services.

    "Customer" (each a "Customer" and, collectively, the "Customers") means a Service Recipient.

    "Service Provider" (each a "Service Provider" and, collectively, the "Service Providers") means a User who is registered to send quotes for Services, sends quotes for Services, or otherwise uses the Platform to offer, provide, receive payment for, review, or facilitate the provision of Services.

    "Provider" (each a "Provider" and, collectively, the "Providers") means a Service Provider.

    "Job Fee" means fee for a Service based on the hourly rate proposed by Service Provider on the Platform, and the number of hours quoted by the Service Provider or requested by the Service Recipient.

    "Payment Method" (each a "Payment Method" and, collectively, the "Payment Methods") means a current, valid, accepted method of payment submitted by User such as credit, debit or prepaid card, as may be updated from time to time.

    "Payout Method" (each a "Payout Method" and, collectively, the "Payout Methods") means a current, valid, accepted method of payout submitted by Service Provider such as bank account, as may be updated from time to time.

    "Payment Processor" means the third party payment service provider providing payment processing services on the Platform.

    "Device" (each a "Device" and, collectively, the "Devices") or "Mobile Device" (each a "Mobile Device" and, collectively, the "Mobile Devices") means Apple iOS or Android smartphone capable of accessing the Platform.

3. OVERVIEW

    The Platform collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular User or Device (collectively, the "Personal Information"). By using the Platform, you are authorizing us to collect, parse, and retain data related to the provision of the Platform. However, we also provide Users with options and choices regarding how we use and disclose some or all of your Personal Information, as set forth specifically below, including how to access, correct, and/or remove it. You may avoid further said data collection by uninstalling the Application from your Mobile Device, or otherwise not using the Platform.

4. INFORMATION WE COLLECT

    When you visit or use the Platform, we collect information about you in the following general manners:

    a. Data provided by Users to FlipTree: When Users engage in the Platform, information is gathered in forms completed, images uploaded, or products and Services purchased. This includes:

    Account Registration: We collect data when Users of the Platform create or update their FlipTree Accounts. This may include their name, email address, login name and password, address, and profile picture. We may use the photographs submitted to verify their identities.

    Service Provider Registration and Payment: To register as a Service Provider, you may need to provide additional Personal Information, including your name, date of birth, address, social security number and government-issued photo ID (Driver's license or State identification document) for background check and identity verification purposes, phone number, insurance information, certifications, licenses, Payment Methods and Payout Methods; in some jurisdictions we may collect additional business or contractor licenses. Service Providers may have the option to create a summary during the registration process which may or may not include Personal Information.

    Background Check and Identity Verification: We collect background check and identity verification information of Service Providers, and in certain cases Service Recipients. This information may be collected by FlipTree or an authorized vendor on FlipTree's behalf.

    Customer Support: We may collect Personal Information such as your name, email address, phone number, feedback, photographs, or other recordings through your communications with our Customer Support team.

    Information to be published or displayed (User Content): Your User Content are posted on and transmitted to others at your own risk. FlipTree cannot control the actions of other Users of the Platform with whom you share your User Content.

    b. Information We Collect When You Use the Platform: FlipTree gathers Data created during use of the Platform. This includes:

    Transaction Information: We collect transaction details related to your use of the Platform, such as type of Services requested or provided, date and time of service, amount charged, distance traveled, intra-User communications, payment method, ratings and reviews, and other related transaction details.

    Location Information: We collect precise or approximate location data through the Application when it is used by Users if the Users' devices permit such information collection. We may collect this information when certain functionalities are used, such as selecting "my location" or navigating to a location to provide the Services. We may also collect the precise location of a User's device when the Application is running in the foreground or background of their mobile device. Users may use the Application without enabling FlipTree to collect location data from their mobile devices. However, this may affect some functionality available in the FlipTree Application. For example, a User who has not enabled location data collection will have to manually enter their address. We may derive a User's approximate location from the User's IP address. The Platform utilizes geo-location features to connect Service Recipients to Service Providers, to update Service Recipients on the status of Service Providers en route to perform Services, to confirm that a Service Provider performed Services, and to improve the Services on the Platform. We also may use and disclose geo- location we collect through the Platform for other business purposes, including for legal purposes. The geo- location information obtained about a User will be retained in an identifiable manner, along with geo-location data about job sites where Service Providers performed Services on initial and/or follow-up jobs. In addition, the location data collected from a User will be linked to the User's account, even if they have not enabled location data to be collected from their device, including for purposes of customer support, fraud detection, insurance, and litigation.

    Device Information: We may collect information about your mobile device, including the hardware model, operating system/version, software names/versions, file names/versions, preferred language, unique device identifier, IP address, advertising identifiers, serial number, device motion information, and mobile network information.

    Usage and Preference Information: We collect data about how Users and visitors interact with the Platform. This includes data such as access dates and times, Application features or pages viewed, Application crashes and other system activity, type of browser, and third party sites or Services used before interacting with our Services. In some cases, we collect this data through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers. When we associate such information with specific personal information, we will treat the combination as Personal Information, as set forth herein.

    Communications Between Users: We do not reveal phone numbers submitted on file.

    Log Information: When you interact with the Platform, we collect server logs, which may include device IP addresses, access dates and times, Application features or pages viewed, Application crashes and other system activity, browser type, and the third party site/service accessed immediately prior to interacting with the Platform.

    Cookies and Third Party Technologies: Like most online services and mobile applications, we and our Third Party Providers may use cookies, web beacons, and similar tracking technologies to collect information about your activity from the computer or devices you use to access the Platform for purposes described in this Policy. A cookie is a file saved on a User's hard drive that stores certain information about User activity. Users must agree to let cookies be saved for them, and most web browsers are set to accept cookies by default. Although you can modify your browser/device settings to reject cookies if desired, this could potentially affect the availability and functionality of our Services. FlipTree uses cookies and similar technologies for purposes such as authenticating Users, remembering User preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with the Platform.

    c. Information We Collect from Third Party Providers: FlipTree engages with Third Party Providers that provide information that makes it possible to run elemental aspects of the Platform. Some of the things these service providers allow for are background checks, identity verification, payment processing, insurance, marketing, and other businesses. FlipTree may combine the data collected from these sources with other data in its possession. Information we receive from these third parties includes:

    • Safety and Security Information, such as background checks and identity verification.
    • Payment processing.
    • Third Party program participation information, such as transactions and fraud detection; and

    Third Party Site Account Access: If you log in to the Platform through a third party site, such as Apple, Google or Facebook, we may collect your authentication token, registration information (including but not limited to name, email address, photograph (if any)), and account identification number and use that information to provide you with access to your Account on the Platform.

    Others: At times, other Users and sources such as the media, insurance companies, and law enforcement may provide information about you or prior activities during incident research.

    FlipTree will not collect additional categories of information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

5. HOW WE USE YOUR INFORMATION

    We may use your information for any of the following reasons:

    • For the purposes for which you provided it.
    • Automated Decision-making: We use personal data to make automated decisions relating to use of our Services.
    • Customer Support: FlipTree uses the information we collect (including recordings of customer support calls) to provide customer support, including to direct questions to the appropriate customer support person, investigate and address User concerns, monitor and improve our customer support responses and processes.
    • Internal record-keeping purposes.
    • Legal Proceedings and Requirements: We may use the personal data we collect to investigate or address claims or disputes relating to your use of the Platform and Services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
    • Marketing Communications: FlipTree may use the data we collect to market our Services to our Users. This includes sending Users communications about Services, features, promotions, sweepstakes, studies, surveys, news, updates, events etc.
    • Non-Marketing Communications: FlipTree may use the data we collect to generate and provide users with receipts; inform them of changes to our Terms of Use or policies; or send other communications that are not for the purpose of marketing the Services or products of FlipTree or its partners.
    • Personalize your platform experience and deliver content and product and service offering relevant to your interests, including targeted offers and ads through our platform, and via email or text (SMS) message (with your consent, where required by law).
    • Process your requests, purchases, transactions, and payment and prevent transaction fraud.
    • Research and Development: We may use the information we collect for testing, research, analysis and product development, including to develop and improve our Platform, Services, and User Experience. This allows us to improve and enhance the safety and security of our Platform, develop new features and products in connection with our Services.
    • Safety and Security: Monitor, maintain, improve, and enhance the safety, security, and integrity of our Platform, Services, Users, databases and other technology assets, and business. This includes screening Service Providers through reviews of background checks and identity verification as well as using Device, location, profile, usage, and other data to prevent, detect, and combat fraud or unsafe activities.
    • To address fraud or safety concerns, or to investigate complaints or suspected fraud or wrongdoing.
    • To contact you in connection with your FlipTree-related activities (including, but not limited to, confirmation email, account verification text (SMS) messages, push notification alerts, or important alerts) that could affect your relationship with FlipTree.
    • To create, maintain, customize, update, and secure your Account.
    • To enable communications between Users.
    • To enable you to use the Services available through the Platform, including registering you for our Services and verifying your identity and authority to use our Services.
    • To monitor and analyze usage and activity trends.
    • To perform internal operations necessary to provide our Services.
    • To protect ourselves and other Users of the Platform, and to enforce any legal terms that govern your use of the Platform.
    • To track fees and process billing and payment including sharing with third party payment gateways and payment service providers in connection with the Platform.
    • To troubleshoot software bugs and operational problems.
    • With your consent, to contact you by phone or text (SMS) message regarding Platform features, improvements, or other products and Services that may interest you.
    • With your consent, to contact you by text (SMS) message regarding certain Services or information you have requested.

    We may display information related to you, including your name, photograph, pictures, location, Services offered, license(s) and/or certification(s) (if any), publicly on your profile, except to the extent we tell you we will not display such information. If the information you provide us upon signing up for an account differs from the information you provide us as part of the verification data we collect, we have sole discretion in determining which information will be displayed publicly on your profile. We may combine information that we collect from you through the Platform with information that we obtain from affiliated and nonaffiliated third parties, and information derived from any other products or Services we provide. We may aggregate and/or de-identify information collected through the Platform. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others. We may, either directly or through third parties we engage to provide Services to us, review, scan, or analyze your communications with other Users exchanged via the Platform or as otherwise described in this Policy for fraud prevention, risk assessment, regulatory compliance, investigation, debugging, troubleshooting, product improvement, research and development, and customer support purposes.

6. HOW WE SHARE YOUR INFORMATION

    As set forth herein, we do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes unless we have your permission. We may allow access to other data collected by the Platform to enable the delivery of our online advertising on the Platform and on other websites and online services, or to send you information we think may be useful or relevant to you. Before we disclose Personal Information with service providers for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract. The following are examples of how we share your information.

    a. Sharing between Platform Users: When you agree to provide Services as a Service Provider, we will display certain information about you to the Service Recipient who requested the work, including your name, photograph, geo-location, ETA, and rating. When you submit a Service request as a Service Recipient, we will display certain information about you to Service Providers, including your name, address, photograph (if any), and rating. The Service Recipient's full address is disclosed only to the selected Service Provider. FlipTree discourages the sharing of any additional contact information between Users of the Platform.

    b. Sharing with Third Party Providers for a Business Purpose:

    Categories of Information We Share: To operate the Platform, including processing your transactions and supporting your activities on the Platform, we may have disclosed the following categories of your Personal Information with vendors, agents, and Third Party Providers for a business purpose. We may also use the below categories of information for compliance with applicable laws and regulations, and we may combine the information we collect ("aggregate") or remove pieces of information ("de-identify") to limit or prevent identification of any particular User or Device.

    • Identifiers: Name, address, unique personal identifier, IP address, email address, social security number, government-issued photo ID (Driver's license or State identification document), phone number, or other similar identifiers.
    • Personal information: Name, date of birth, address, email address, social security number, government- issued photo ID (Driver's license or State identification document), physical characteristics or description, phone number, insurance information, certifications, licenses, Payment Methods, Payout Methods.
    • Commercial Information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
    • Financial Data: Payment information including but not limited to Payment Methods and/or Payout Methods.
    • Internet or Other Network or Device Activity: Browsing history, IP address, search history, information on a User's interaction with a website, application, or advertisement.
    • Geolocation information: Physical location or movements.
    • Sensory information: Audio recordings if you call our customer support.
    • Inferences drawn from other personal information.
    • Other information: User generated content such as reviews.

    Third Party Providers: To operate the Platform, including processing your transactions, we may share your information with our agents, representatives, vendors and service providers (each a "Third Party Provider" and, collectively, the "Third Party Providers"). Third Party Providers assist us with services such as background checks, identity verification, payment processing, data storage, cloud services, data analytics, marketing and advertising, website hosting, fraud prevention and detection, communication services, and technical support. We share information, including Personal Information, with Third Party Providers that process information on our behalf for our business purposes as follows:

    • To originate emails.
    • To provide receipt, invoice, or support services.
    • To perform data analytics services on the Platform.
    • To provide customer relationship management services.
    • To create, maintain, customize, service and secure your Account with us.
    • To fulfill or meet the reason for which you provided the information. If you provide your Personal Information to purchase or provide a product or Service, we will use that information to process your request and facilitate delivery. We may also save your information to facilitate new requests or address disputes. When you add a Payment Method and/or Payout Method to your Account, a third party that handles payments for us will receive that information. To keep your financial data secure, we do not store full Payment Method or Payout Method information on our servers.
    • Financial transaction fulfillment which includes processing your requests, purchases, transactions, payments, prevent transaction fraud, and related chargeback and collection services. We use Stripe to process payments between Users, and between Users and us. You can find information about Stripe's privacy policy at Stripe Privacy.
    • To provide, support, personalize, and develop our Platform and Services. We use Amazon Web Services ("AWS") to host the cloud architecture for the Platform. We use Google Suite in the daily course of business operations. Files and data stored in those systems may include username, photograph, address, phone number, email address, date of birth, social security number, government-issued photo ID (Driver's license or State identification document), personal identifier, Account ID, Device ID, IP address, payment information etc. You can find information about AWS's privacy policy at AWS Privacy and Google's privacy policy at Google Privacy.
    • To help maintain the safety, security, and integrity of our Platform through background check processing and identity verification. We use Sterling Infosystems, Inc. ("Sterling") to conduct background checks and Stripe to verify identities of the Service Providers who register to perform Services on the Platform. You can find information about Sterling's privacy policy at Sterling Privacy and Stripe's privacy policy at Stripe Privacy.
    • Insurance Service Providers: In the event of an insurance claim, we would provide the information necessary for reporting and documentation, including name and address.
    • External Mediators: We may use a third party mediator to resolve disputes between Users when necessary. FlipTree shares the name, address, phone number, and email address of Users with such third party mediator service providers.
    • Research and Development: We may use the information we collect for testing, research, analysis and product development, including to develop and improve our Platform, Services, and User experience. This allows us to improve and enhance the safety and security of our Platform, develop new features and products in connection with our Services.

    c. Legal Obligations and Protecting the Platform and Others: We may disclose your information when required by law or when we believe in good faith that such disclosure is necessary to: (a) comply with subpoenas, court orders, regulation, operating license or agreement, legal process or governmental request, other legal process we receive or where the disclosure is otherwise appropriate due to safety or similar concerns; (b) establish or exercise our legal rights including enforcing and administering agreements with Users; or (c) defend FlipTree against legal claims. This includes sharing personal data with law enforcement officials, public health officials, other government authorities, or other third parties as necessary to enforce our Terms of Use, or other policies; to protect FlipTree's rights or property or the rights, safety, or property of others; or in the event of a claim or dispute relating to the use of our services. FlipTree may also disclose your Personal Information as part of a dispute among Users or between Users and FlipTree to an attorney in the process of obtaining legal advice. If we are required by law to disclose your information, we will use commercially reasonable efforts to notify you unless: (a) we believe in our sole discretion that providing notice could create a risk of injury or death, or that harm or fraud could be directed to FlipTree or Users; or (b) we are precluded from providing notice by law. We will attempt to provide the notice by email if you have given us an email address. While you may challenge the disclosure request, please be advised that we may still be legally required to turn over your information. We may disclose your information to whomever necessary when we believe it is appropriate to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use or any other legal terms governing use of the Platform, and/or to protect our rights and property and the rights and property of other Users.

    d. Merger, Sale, or Other Asset Transfers: If we are involved in a merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

    e. App Store Providers. We may provide your identity and mobile device identifier to third-party app store providers (for e.g., the Apple app store or Google play store) to allow you to download our mobile apps

    f. Academics and Research. We may provide information about Users to third parties for academic and research purposes, in anonymized or aggregated form.

    g. With Your Permission: We may also disclose your Personal Information with your permission as set forth herein.

    • Social Networking and Other Websites: The Platform may allow you to share information, including Personal Information, with social networking websites, such as Facebook, Google, etc. Except for our marketing and advertising purposes, we do not share your Personal Information with them unless you specifically authorize it. If you choose to log in to the Platform through social networking websites, we may share information about your Account with the social networking site. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites. Please be advised that some information you provide and/or that we collect will be publicly accessible. For instance, registration for an Account requires that you provide us with your name. If you register through Apple, Google or Facebook , the Platform will use the name associated with your account on those platforms. Your name (full name, or in some instances, your first name and last initial) may be visible to other Users. Depending on the circumstances, your name may be attached to your Content or information, such as scheduling of Services, Service requests, reviews, participating in discussions or forums, messaging, and profile information. Certain other people, including other Users with whom you have interacted via the Platform, will see information about you that is attached to your name. For example (but without limitation), if you are a Service Recipient seeking Services, the description you provide of your desired Services, along with your name, will be shown to some Service Providers registered in the relevant category along with your name. Thus, other Users may be able to personally identify you based on Content you provide. Similarly, the information we collect, including but not limited to when you last accessed the Platform, may be shared with other Users with whom you are interacting or otherwise made public.

    We invite you to post Content on or through our Platform, including, but not limited to, your comments, photographs, pictures, User profile, and any other information. However, please be careful and responsible whenever you are online. If you choose to post User Content on or through the Platform, such as through intra-User messaging or through our review boards, forums, blogs, or other postings, that information: (a) may be or may become publicly available; (b) may be collected and used by third parties with or without our knowledge; and (c) may be used in a manner that may violate this Policy, the law, or your personal privacy.

7. HOW WE STORE AND PROTECT YOUR INFORMATION

    a. Information Retention: FlipTree retains User profile, transaction, and other personal data for as long as a User maintains their FlipTree Account. FlipTree may retain certain User data after receiving an Account cancellation request if necessary, such as to comply with legal requirements. To preserve the integrity of our databases, standard procedure calls for us to retain information submitted by Users for an indefinite length of time. You agree that we may store the information we collect for this indefinite length of time.

    b. Our Security Precautions: Your FlipTree profile is password-protected so that only you and authorized FlipTree employees have access to your Account information. In order to maintain this protection, do not give your password to anyone. FlipTree staff will never proactively reach out to you and ask for any personal Account information, including your password. If you share a Mobile Device or computer, in order to protect your information entered on public terminals from disclosure to third parties, you should sign out of your FlipTree Account before someone else logs on. We employ physical, procedural, and technological security measures to help protect your Personal Information from unauthorized access or disclosure. FlipTree may use encryption, passwords, and physical security measures to help protect your Personal Information against unauthorized access and disclosure. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. FlipTree is not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your Account via unauthorized password activity.

    International: Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, or other governmental jurisdiction in which you reside; and the privacy laws governing the country/jurisdiction of these computer networks may be less protective.

    FlipTree takes steps to ensure that your information is secure on its system. No security measures, however, are 100% failsafe. As a result, FlipTree cannot guarantee the security of any information you transmit to us, and you do so at your own risk. FLIPTREE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING, OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION OR USAGE INFORMATION AND FURTHER DISCLAIMS ANY LIABILITY THAT MAY ARISE SHOULD ANY OTHER INDIVIDUALS OBTAIN THE INFORMATION YOU SUBMIT TO THE PLATFORM.

8. DATA CONTROLLER AND CONSENT TO TRANSFER

    FlipTree is the data controller for the personal data collected in connection with use of the Platform. We process personal data inside and outside of the United States. If you create an Account with the Platform as a visitor from outside the United States, by using the Platform, you agree to this Policy and you consent to the transfer of all such information to the United States.

9. PRIVACY OF MINORS

    Our Services are not designed for minors under 18. Only persons 18 years of age or older may use the Platform. If we discover that an individual under 18 has provided us with personal information, we will close the account and delete the Personal Information to the extent required by the Children's Online Privacy Protection Act. We may, where permitted by law, retain certain information internally for purposes described in this Policy.

10. LINKS TO THIRD-PARTY WEBSITES

    The Platform may contain links to other websites or resources over which FlipTree does not have any control. Such links do not constitute an endorsement by FlipTree of those external websites. You acknowledge that FlipTree is providing these links to you only as a convenience, and further agree that FlipTree is not responsible for the content of such external websites or the protection and privacy of information you provide while visiting such external websites.

11. YOUR RIGHTS AND CHOICES REGARDING YOUR DATA

    FlipTree enables Users to access and control the data that FlipTree collects, including through:

    a. Changing or Updating Information: FlipTree provides you with the ability to access, review and edit your Personal Information. Sign into the Application, and then edit your Account information. So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter yourself. Please contact us at support@fliptree.com to change information you cannot access through your Account.

    b. Deleting Information: If you would like to delete your Personal Information, please submit a request at PO Box 1043, Indian Trail, North Carolina 28079 Attn: Privacy. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your request to delete. You can also designate an authorized agent to submit a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us. Upon such a request, we will cancel your Account and remove your profile information from view as soon as reasonably possible. We may retain information from cancelled Accounts in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations of any User, enforce our Terms of Use, and/or for any other purposes otherwise permitted by law that we deem necessary in our sole discretion. Once we have cancelled or deactivated your Account, you agree that FlipTree will not be responsible to you for retaining information related to your Account. FlipTree may also retain certain information if necessary for purposes of safety, security, fraud prevention and detection, and research and development. For example, if FlipTree deactivates a User's Account because of unsafe behavior or security incidents, FlipTree may retain certain information about that Account to prevent that User from opening a new Account in the future.

    c. Push Notifications: You can deactivate push notifications for marketing. Push notifications for important updates regarding your appointments and Account activity are required for proper functioning of the Platform.

    d. Location Information: You can stop your Device from sharing location information via the system settings, although this could impact the full range of Services and features available through the Platform.

    e. Device permissions: Most mobile device platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without the device owner's permission, and these platforms have different methods for how that permission can be obtained. iOS devices notify users the first time the Application requests permission to access certain types of data and gives users the option to grant or refuse permission. Android devices notify users of the permissions that the Application seeks before their first use of the app, and use of the Application constitutes a grant of such permission.

    f. Ratings Lookup: To help maintain the quality of the Platform, Users (both Service Recipients and Service Providers) will have the opportunity to rate each other after the completion of Services (each a "Rating" and, collectively, the "Ratings"). This two-way rating system holds everyone accountable for their professionalism and behavior. Accountability helps create a respectful and safe environment for Service Recipients and Service Providers. Service Recipients will be able to see Service Provider ratings before selecting a Service Provider for a Service request. So, each rating a Service Recipient gives can have an impact on that Service Provider's future on FlipTree. In addition, Service Recipients with a low star rating may not have their requests accepted by Service Providers. Other factors that may impact Ratings include Service Appointment cancellations in less than two (2) hours, twenty-four (24) hour automatic cancellation of Service Appointment requests, and Service Appointment No-shows by Service Providers. Please see Terms of Use section 14 entitled "SERVICE APPOINTMENT CANCELLATION" for details.

    g. Email Communications: We may send periodic emails to you. To opt out of promotional emails, you may submit a request to support@fliptree.com. 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.

    h. Cookies and Third Party Technologies: Like most online services and mobile applications, we and our Third Party Providers may use cookies, web beacons, and similar tracking technologies to collect information about your activity from the computer or devices you use to access the Platform for purposes described in this Policy. A cookie is a file saved on a User's hard drive that stores certain information about User activity. Users must agree to let cookies be saved for them, and most web browsers are set to accept cookies by default. Although you can modify your browser/device settings to reject cookies if desired, this could potentially affect the availability and functionality of our Services. FlipTree uses cookies and similar technologies for purposes such as authenticating Users, remembering User preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with the Platform.

    Any third party with whom we are allowed to share your Personal Information is authorized to use your Personal Information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control. You agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your Personal Information by them.

12. YOUR CALIFORNIA PRIVACY RIGHTS

    These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 ("CCPA") provides additional rights to know, delete and opt out, and requires business collecting or disclosing Personal Information to provide notice of rights California residents have and can exercise.

    a. California Notice of Collection: We have collected information corresponding to the following categories of information enumerated in the CCPA.

    • Identifiers, including name, address, email address, account name, social security number, IP address, and an identification number assigned to your account.
    • Customer records, including billing address, credit or debit card information, bank account information, employment or education information.
    • Demographic information, such as your age. This category includes pieces of Personal Information that also qualify as protected classification characteristics under other pre-existing California or federal laws.
    • Analytics and Advertising, including purchases and engagement with the Services.
    • Internet activity, including history of visiting and interacting with our services, mobile application and/or browser type, mobile application and/or browser language and other information collected automatically.
    • Geolocation data, including location enabled services such as Wi-Fi and GPS.
    • Inferences, including information about your interests and preferences.

    For more information on what we collect, including the sources we receive information from, review the section 4 entitled "INFORMATION WE COLLECT". We collect and use these categories of Personal Information for the business purposes described in the section 5 entitled "HOW WE USE YOUR INFORMATION", including to provide and manage our services. We do not generally sell information as the term "sell" is traditionally understood. However, to the extent "sale" under the CCPA is interpreted to include advertising technology activities such as those disclosed in the section 5 entitled "HOW WE USE YOUR INFORMATION" as a "sale", we will comply with applicable law as to such activity.

    FlipTree discloses the following categories of information for commercial purposes:

    • Commercial information;
    • Demographic data;
    • Location data;
    • Identifiers;
    • Inferences; and
    • Internet activity.

    We use and partner with different types of entities to assist with our daily operations and manage our services. Please review the section 6 entitled "HOW WE SHARE YOUR INFORMATION" for more details about the parties we share information with.

    b. Right to Know and Delete: If you are a California resident, you have the right to know certain information about our data practices in the preceding twelve (12) months. In particular, you have the right to request the following from us:

    • The categories of Personal Information we have collected about you;
    • The categories of sources from which the Personal Information was collected;
    • The categories of Personal Information about you we disclosed for a business purpose or sold;
    • The categories of third parties to whom the Personal Information was disclosed for a business purpose or sold;
    • The business or commercial purpose for collecting or selling the Personal Information; and
    • The specific pieces of Personal Information we have collected about you.

    In addition, you have the right to delete the Personal Information we have collected from you. However, this is not an absolute right and FlipTree may have legal grounds for keeping such data. If you ask us to delete your Personal Information, you may no longer be able to access or use our services. Upon such a request, we will cancel your Account and remove your profile information from view as soon as reasonably possible. To exercise any of these rights, please submit a request at PO Box 1043, Indian Trail, North Carolina 28079 Attn: Privacy. In the request, please specify which right you are seeking to exercise and the scope of the request. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete. You can also designate an authorized agent to submit a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

    c. Right to Non-Discrimination: You have the right to non-discriminatory treatment by us, should you exercise any of your rights.

    d. Shine the Light: Customers who are residents of California may request information on: (a) a list of the categories of Personal Information disclosed by us to third parties during the immediately preceding calendar year for those third parties' own direct marketing purposes; and (b) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please contact us at PO Box 1043, Indian Trail, North Carolina 28079 Attn: Privacy. Requests must include "California Shine the Light Request" in the first line of the description and include your name, street address, city, state, and zip code. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year. Please note that FlipTree is not required to respond to requests made by means other than through the provided mail address.

13. YOUR NEVADA PRIVACY RIGHTS

    Under Nevada law, Nevada residents may opt out of the sale of certain "Covered Information" collected by operators of websites or online services. We currently do not sell Covered Information, as "sale" is defined by such law, and we do not currently have plans to sell this information. However, if you would like to be notified if we decide in the future to sell Personal Information covered by the law, please contact us at nevadaoptout@fliptree.com. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified Users to complete their opt-out. Please become familiar with our data practices as set forth in this Policy. We may share your Personal Information as explained in this Policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this Policy.

14. CHANGES TO THIS POLICY

    This Policy is current as of the effective date set forth above. FlipTree may, in its sole and absolute discretion, change this Policy at any time to the extent permitted by law. FlipTree will post its updated Policy on the platform, and update the Policy effective date. FlipTree encourages you to review this Policy regularly for any changes. Your continued access to or use of the Platform after such posting will constitute your acceptance of such changes. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE PLATFORM.

15. CONTACT US

    If you have any questions or comments about this Policy, please contact us at PO Box 1043, Indian Trail, North Carolina 28079 Attn: Privacy or privacy@fliptree.com.