Privacy Policy

Privacy Policy

Effective Date: May 1, 2021

This Privacy Policy discloses the policies and practices of WaitlistPlus LLC (“WaitlistPlus,” “we” or “us”) concerning information we obtain by and through your use of our website at http://www.waitlistplus.com/ (the “Site”) and the services provided through the Site (“Services”). We are committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information and other information you share with us. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Site and/or Services as well as how you can access, review and make choices regarding your information.

For the purposes of this Privacy Policy, the terms “user,” “users,” “you,” or “your” refer to all persons who access or use the Site and/or the Services. “Client” or “Clients” refer to usersthat have registered an account withWaitlistPlusanduse our Services to maintain wait lists through the Site. “Participant” refers to users of the Site who are customers of a Client and use the Service to enter the Client’s waitlist and receive related notifications.

Consent

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY

BY DOWNLOADING, ACCESSING, OR USING THE SITE OR SERVICES, AND/OR BY REGISTERING WITH US OR PROVIDING INFORMATION TO US IN CONNECTION WITH THE SITE, YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT TO OUR COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU ARE REGISTERING AN ACCOUNT OR USING THE SERVICES ON BEHALF OF AN ENTITY OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH ENTITY’S BEHALF.

Your use of the Site is also subject to our Terms of Service, which are available at https://www.waitlistplus.com/Terms and are expressly incorporated into and made a part of this Privacy Policy by reference.

Changes to this Privacy Policy

We may change this Privacy Policy at any time and changes to this Privacy Policy will become effective when we make the revised Privacy Policy available through the Site. We will update the “Effective Date” at the top of this Privacy Policy if we make any such changes to this Privacy Policy. Your use of the Site or the submission of any information in connection with the Site following any change means that you accept the revised Privacy Policy.

Our Relationship to Clients and Participants

We collect information about Clients who purchase subscriptions to use our Services and about those who visit our Site. We also collect information about those who use our Services as Participants although we collect such information on our Client’s behalf. Our Clients use our Services to, among other things, manage the wait listposition and to provide related notifications to Participants. To do so, our Clients request and collect certain information about Participants such as their name, telephone number, and/or e-mail address. Our Clients, however, may request and collect additional information from Participants which may include protected health information or educational records. We give our Clients choices about what data they will collect and the privacy of their wait list. We offer multiple security settings that a Client can choose to determine who can see a wait list page, who can sign up on a wait list and what information is required to be added to a wait list. We let the Client make these choices.

WaitlistPlusis not responsible for and cannot control the types of information that our Clients request and collect from Participants. We collect such information on behalf of our Clients and our Clients’ collection and use of such information is governed by their respective privacy policies and procedures. If you are a Participant then please contact the Client directly with any questions about how they collect or use information collected through our Services. We may send any inquiries that we receive directly from you about our use of your information to the relevantClient.

Collection of Information

1. Information You Provide.The information we collect on or through the Services and/or the Site may include information you provide to us under the following circumstances:
   • When you register for an account (“Account”) in order to access the Site and use our Services we collect personal information that can identify you (“Personal Information” or “PII”) that includes, but is not limited to: (i) your first and last name, email address, phone number and billing and physical addresses; (ii) your password and username; and (iii) your IP address.
   • When you subscribe to the Services our payment processor will collect all information necessary to complete the transaction for any paid subscription, including your name, credit card information, and billing information.
   • When you request a Client add you to their waitlist we may, on behalf of the Client, collect Personal Information, on Client’s behalf, such as (i) your first and last name, email address, phone number and mailing address, (ii) information that is part of an “educational records” as defined by Family Educational Rights and Privacy Act (“FERPA”), (iii) protected health information as defined by Health Insurance Portability & Accountability Act of 1996 (“HIPAA”) and (iv) other information required by the Client.
   • We retain information on your behalf, such as files and messages that you store using your Account.
   • If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply and evaluate your inquiry.
   • WaitlistPlus makes use of location-based data including city, region, and country for our Site. If you choose not to allow us to access your location, some or all functionality may not be available to you.
2. Other Information We Collect.As you navigate through and interact with the Services and/or Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
   • Cookies.Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.We use cookies to understand and save your preferences for future visits and compile aggregate data about Site traffic and Site interaction so that we can offer better site experiences and tools in the future.
   • Web Beacons: We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) in order to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages in order to count how many email messages have been opened.
   • Log Files: Like many other websites, we make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information.
   • Web Analytics: We may also use third party analytics services such as Google Analytics or Google Adsense to collect information about how you use and interact with our Services and/or Site. Such third party analytics services may use cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and which site referred you to the Site.

How We Use Your Information

Any of the information we collect from you may be used in one of the following ways:

• For the purposes for which you specifically provided the information including, without limitation, to enable us to create your Account, provide you with the Services, process transactions, and respond to correspondence that we receive from you.
• To provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to develop improved features and functionalities for the Site, improve or enhance our business, the Services, and other products and services we may offer.
• To send you information about your relationship or transactions with us.
• To provide information regarding the Site and any changes to our Terms of Service, this Privacy Policy and other policies.
• To notify you about our products, services, and special offers, except that we will not use a Client’s PII for marketing purposes without prior written consent.

We may use non-Personal Information for purposes such as measuring the number of users utilizing various features of the Site, making the Site more responsive for users and delivering targeted advertising and non-advertising content. We may also use non-Personal Information (for example, statistics regarding use and metrics) for research purposes, for marketing and promotional purposes, and to develop new features and functionality. We use IP addresses to analyze trends, administer the Site, track a visitor’s movement, and gather demographic information for aggregate, non-personally identifiable use.

Please refer to our Security Policy for more information on how WaitlistPlus handles internal access to your Personal Information.

How We Share Your Information

Except as otherwise described in this Privacy Policy, or if we inform you otherwise at the time of data collection and receive your consent where required, we will not sell, trade, or share your information with third parties.

You acknowledge and agree that we may share your information as follows:

1. WithClients.We will share Personal Information of a Participant with the relevantClient to maintain its waitlist and allow the Client to provide notifications.Client may provide notifications toParticipants via email, telephone or text messaging through the Site. Any Personal Information we collect from a Participant on behalf of the Client will be kept private and secure, as required by law.
2. With Our Affiliates.We may share yourPersonal Information with our affiliates for the purposes described in this Privacy Policy in accordance with applicable law. 
3. With Third-Party Service Providers.We may use other companies to perform services including, without limitation,managing and facilitating some aspects of our Site such as processing payments, initiating credit transactions, data analysis and sending emails. These other companies may be supplied with or have access to your Personal Information solely for the purpose of providing these services to you on our behalf. Such service providers shall be bound by appropriate confidentiality and security obligations.
4. Required by Law.We also may disclose yourPersonal Information in response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency where required by applicable law.
5. Sale or Merger.In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, reorganization, merger, consolidation, or asset sale, or in the event of bankruptcy, as required or allowed by law.
6. Other Circumstances.When disclosure is required or allowed by law in connection with efforts: (i) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; (ii) to protect and defend the rights, property or safety of our company, our users, our employees, or others; (iii) to comply with applicable law or cooperate with law enforcement; (iv) to enforce our Terms of Service or other agreements or policies; or (v) to allow us to pursue available remedies or limit the damages that we may sustain.

Links to Third Party Sites 

Our Site and the Services may contain links to websites or applications operated and maintained by third parties, over which we have no control. Privacy policies for these third party sites and applications may be different from our Privacy Policy. You acknowledge that if you accessthese third party websites and/or applications it is solely at your own risk. You should always read the privacy policy of a linked website or application before disclosing any personal information on such website and/or through such application. WaitlistPlus is not responsible for information you submit to third parties.

Retention of Information

Typically, we retain your Personal Information for the period necessary to provide you with access to the Site and/or Services and to otherwise fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. In addition, we may keep your Personal Information as needed to comply with our legal obligations, resolve disputes, and/or enforce our agreements. The precise periods for which we keep your Personal Information vary depending on the nature of the information and why we need it.

How to Access, Delete or Update Your Information 

We provide you with reasonable access to the Personal Information that you may have provided through your use of the Services or the Site. If you wish to request to access or update any Personal Information we hold about you, or to request that we delete any information about you that we have obtained from our Services or the Site, you may contact us atsupport@waitlistplus.com.

At your request, we will have any reference to you deleted or blocked in our database. You may update, correct, or delete your Account information and preferences at any time by accessing your Account settings page on the Services. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, and/or where we otherwise reasonably believe that we have a legitimate reason to do so.

You may decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Services or Site. 

Choices Regarding Use of Your Personal Information

1. Opt-Out of Marketing Communications.We give you choices regarding our use of your Personal Informationfor marketing purposes. Specifically, you may opt-out from receiving marketing-related emails from us. If you no longer want to receive marketing-related emails from us, you may opt-out of receiving such emails by sending an email to support@waitlistplus.com.

   We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.

2. Disable Cookies.You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your cookie settings, visit the settings page onyour browser. If you disable or refuse cookies, please note that some parts of this Site or the Services may then be inaccessible or not function properly.

How We Protect Your Information 

All data is stored and transferred by means that meet or exceed standards defined by HIPAA and FERPA. We use commercially reasonable administrative, technical, and physical measures to safeguard Personal Information in our possession against loss, theft and unauthorized use, disclosure or modification. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over mobile applications or data storage system is 100% secure. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

In the unlikely event of a data breach, you will be notified as soon as reasonably possible, in accordance with applicable law. Furthermore, we are not responsible for any breach of security or for the actions of any third parties that receive the information.

Treatment of Health and Education Information

Our Site and Services are used by Clients to create wait lists containing Personal Information of its Participants. Personal Information may include protected health information and educational records governed by HIPAA or FERPA.Client is the sole decision-maker regardingwhatPersonal Informationis collected and how it is used, maintained and otherwise processed in connection with theClient’s use of our Services. The use, processing and maintenance of Participant’s PersonalInformation is governed by the Client privacy policies.WaitlistPlus provides a technology platform to Clients. Any Personal informationtransmitted through our Services is maintained on behalf of, and at the direction of, the Client and we do not use such information for other purposes except as permitted by applicable law, including FERPA and HIPPA, an applicable Business Associate Agreement, and in accordance with our Privacy Policy.

Childrens Online Privacy Protection Act 

Our Site is not directed to children generally, including children under the age of thirteen (13). Children under the age of thirteen (13)may not use the Site or Services. By accessing, using and/or submitting information to or through the Site, you represent to us that you are not younger than age thirteen (13).

We do not knowingly collect personal information from persons under the age of thirteen (13). If we learn that a child under the age of thirteen (13) has submitted personally identifiable information online, we will take all reasonable measures to delete such information from our databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law). If you become aware of any personally identifiable information we have collected from children under thirteen (13), please contact us at support@waitlistplus.com.

If you are between age thirteen (13) and the age of majority in your place of residence, you may use the Site only with the consent of or under the supervision of your parent or legal guardian. If you are a parent or legal guardian of a minor child, you may, in compliance with the Terms of Service, use the Site on behalf of such minor child. Any information that you provide us while using the Site or receiving Services on behalf of your minor child will be treated as Personal Information as otherwise provided herein.

California residents under eighteen(18) years of age may have additional rights regarding the collection and sale of their personal information. Please see the “California Residents” section below for more information.

International Data Transfers

When we obtain Personal Information about you, we may process and store the information outside of the country in which you are located, including in the United States. The countries in which we process the information may not have the same data protection laws as the country in which you are located. You consent to having your personal data transferred to and processed in the United States.

We rely upon a number of means to transfer Personal Information which is subject to the GDPR, including transfer of Personal Information to recipients that have entered into the European Commission approved contract for the transfer of personal data outside the European Economic Area.

California Residents

This section supplements our Privacy Policy with respect to the California Consumer Privacy Act (“CCPA”) and certain other California laws and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). Any terms defined in the CCPA have the same meaning when used in this section.

1. Information We Collect.We collect certain information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably belinked, directly or indirectly, with a particular consumer, household, or device (for the purposes of this section only, “personal information”). Personal information does not include publicly available information, such as deidentified or aggregate consumer information, or information excluded from the CCPA’s scope.

   The following are all of the categories of personal information which we collect, or reasonably believe that our Clients have collected through the Services from California Residents, in the twelve (12) months prior to the effective date of this policy (each, a “Category”): (i)identifiers; (ii) personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)); (iii) commercial information; and (iv) internet or similar network activity.

   We obtain each Category directly from you or by way of collection through the Site, service providers and/or payment processors. We share each Category for a business purpose with service providers, payment processors, and other third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

2. Uses of Personal Information.We may use or disclose the personal information we collect for one or more of the following purposes: (i) providing the Services and Site (including without limitation maintaining your Account, processing and fulfilling orders, and administering surveys and contests); (ii) providing customer support; (iii) operating the Site (including without limitation managing third party relationships and enabling usage of our service providers); (iv) communicating with you; (v) customizing the Site; (vi) securing and protecting the Site (including without limitation auditing, bug and fraud detection, debugging and repair of errors and the detection, protection and prosecution of security incidents or illegal activity); (vii) enforcing our terms and policies; (viii) complying with law; (ix) verifying your identity; and (x) other business purposes about which we may notify you from time to time. 
3. Sale.In the preceding twelve (12) months, we have not sold personal information as that term is defined based on our understanding of the CCPA and its implementing regulations.
4. Requests.Subject to certain exceptions and restrictions, the CCPA provides California consumers the right to submit requests to a business which has collected their personal information(each, a “California Request”). 
   • You have the right to request to know (i) the specific pieces and categories of personal information we have about you, (ii) the categories of personal information we have collected about you in the last twelve (12) months, (iii) the categories of sources from which that personal information was collected, the business or commercial purposes for collecting such information, (iv) the categories of your personal information that we sold or disclosed in the last twelve (12) months,(v) the categories of third parties to whom your personal information was sold or disclosed in the last twelve (12) months, and (vi) the purpose for collecting and selling your personal information.
   • You have the right to request that we delete the personal information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your personal information was collected. If we deny your request for deletion, we will let you know the reason why.
   • If you choose to exercise any of these rights, we will not discriminate against you in anyway. If you exercise certain rights, understand that you may be unable to use or access certain features of our Services or the Site.

   You may exercise your right to know and your right to deletion twice a year free of charge. To exercise your right to know or your right to deletion, please contact us at support@waitlistplus.com.

   We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to verify you are the individual about whom we collected personal information. If you have an Account with us, we will use our existing Account authentication practices to verify your identity. If you do not have an Account with us, we may request additional information about you to verify your identity. We will only use the personal information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.

   You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your personal information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.

5. California Do Not Track Disclosure. We do not track our customers over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. Third parties that have content embedded on our websites such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited our Site from a certain IP address.
6. Minors Under 18 in California. If you are a California resident under the age of eighteen (18), and a registered user of thisSite, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to support@waitlistplus.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

Contacting Us

If there are any questions, questions or concerns regarding this Privacy Policy you may contact us.