Privacy Policy

Updated January 2015

BookedOut, Inc. ("BookedOut", "our", "us" or "we") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our website located at [BookedOut.com] (the "Site") and related software, mobile applications, services, features and content (collectively, the " BookedOut Platform "). This Privacy Policy applies only to information that you provide to us through the BookedOut Platform. A user of the BookedOut Platform, whether as a registered user or a non-registered user, is hereinafter referred to as a "User," or collectively, the "Users".

This Privacy Policy may be updated from time to time at our discretion. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our BookedOut [Terms of Service]. Capitalized terms used herein but not otherwise defined will have the definitions provided in the Terms of Service. As used in this policy, the terms "using" and "processing" information include using Cookies (defined below) on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among affiliates or partners we establish.

Information Collection and Use

We collect, use and process information via the BookedOut Platform to improve and further develop the BookedOut Platform and to enable and facilitate Users to enjoy and easily navigate the Site.

Personally Identifiable Information

In the course of using the BookedOut Platform (whether as a Client or Freelancer), we may ask you to provide us with, or grant us access to, or permission to obtain, certain personally identifiable information that may be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, company name, email address, postal address, work experience and interests, and phone number(s) and other personal information, expressly including all User Content provided by you (hereafter "Personal Information").

If you use the BookedOut Platform to make or receive payments, we may also collect certain Personal Information such as financial account information and/or billing address(es).

We may collect additional Personal Information to validate your identity, such as your date of birth, place of birth or taxpayer identification number. We may request documents to verify this information, such as a copy of your government-issued identification or photo, and we may authenticate it against third party databases.

As further described in our [Terms of Service], you may register or input data through the BookedOut Platform directly via the Site or by logging into your account with certain third party social networking services (hereafter "SNS"), including, but not limited to, LinkedIn, Facebook, Twitter, Instagram, Google etc., via our Site. If you choose to input data via an SNS, we will use the Personal Information you have provided to the SNS (such as your "real" name, email address, gender, prior experience and other information you make publicly available via the SNS) to modify and update your account. The information we extract may depend on the privacy settings you have with the SNS. Other than what may be shared with the SNS, as described below, the Personal Information a SNS has about you is obtained by the SNS independent of the BookedOut Platform, and BookedOut is not responsible for such information's accuracy, legality, or non-infringement.

You may link your BookedOut account to your SNS account, in which case the SNS may share certain information about you with other SNS users, as well as sharing certain information about other SNS users with you. You represent that you are authorized to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating BookedOut to pay any fees or making BookedOut subject to any usage limitations imposed by such SNS. You can disable the link between your BookedOut account and your SNS account at any time though the "Settings" section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH ANY SNS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS. If your SNS account terminates, then functions enabled through the link between your BookedOut account and your SNS account will terminate as well.

We also collect other information that you provide in connection with your use of the BookedOut Platform (e.g., zip code (on its own) and individual preferences) ("Non-Identifying Information"). We collect additional Non-Identifying Information from Clients in the form of information related to Projects posted via the BookedOut Platform (e.g., pricing, location, history of Project postings, timing of Project performance and feedback/rating information). We also collect additional Non-Identifying Information from Freelancers in connection with Freelancer profiles (e.g., information on Projects previously performed, skills, tests taken, compensation rates and feedback/rating information).

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) to, among other things, provide the BookedOut Platform, facilitate your transactions and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Users to attempt to provide you with a better experience, to improve the quality and value of the BookedOut Platform, to analyze and understand how our Site and BookedOut Platform are used, and to generate general industry analysis. We may also use the combined information without aggregating it to serve you specifically, for instance by offering a product or service to you according to your preferences or restrictions.

When you register for the BookedOut Platform, you will be opting-in to receive BookedOut notification emails, newsletters, marketing and/or promotional materials. We will also use your Personal Information to send this content to you. If you decide at any time that you no longer wish to receive such communications from us, you can opt-out or customize the type of messages you receive from BookedOut by visiting the "Notifications" section under "Account Settings", or by clicking on the unsubscribe link included at the bottom of BookedOut emails, or by emailing us at info@BookedOut.com. Please note that any such opt-out applies solely to marketing related emails. BookedOut will still need to communicate with you via notifications regarding non-marketing related matters related to the BookedOut Platform and you acknowledge and agree that BookedOut has the right to do so.

BookedOut's Use of Personal Information

BookedOut may use Personal Information for the following general purposes:

We may employ third party companies and individuals to facilitate the BookedOut Platform on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics, payment processing, fraud detection and improvement of the BookedOut Platform's features) or to assist us in analyzing how the BookedOut Platform is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Although we ensure that our third party agents ("Agents") receiving your information are bound by confidentiality obligations, BookedOut is not responsible for and shall not be liable for any issues that may arise regarding the Privacy Policies of any of its agents, affiliates, advertiser and/or any other third parties. By using this website, you do hereby agree to indemnify, defend and hold harmless BookedOut from any claims and/or damages that may arise from the actions or inactions of any of BookedOut's Agents, partners, affiliates and/or advertisers.

Ads are a standard part of user experience on the Internet, and BookedOut believes that targeted advertising enhances this experience. BookedOut may use Cookies (defined below) and other technologies and Personal Information to place ads where they believe interested parties will see them. In addition to banner ads, BookedOut may advertise products, companies and events that we think might interest you through the email address you provide.

BookedOut may analyze Personal Information and Web Navigational Data based on your interests and may use the analysis from this information in a way that does not contain any Personal Information (" Market Research ") in order to market the BookedOut Platform and increase the likelihood that a User's experience with the BookedOut Platform is relevant to such User's interests. BookedOut uses data at the individual level to sell products and services to Users who express an interest in these products and services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Research.

BookedOut may use your cell phone number to call or text you in order to provide the BookedOut Platform. If you would like more information about our policy, or to opt out, please review our Terms of Service, available at bookedout.com/terms and email info@BookedOut.com; by accepting the Terms of Service you are indicating your consent to be contacted at the phone number you have provided for the purposes described above.

Information Sharing

When you submit information to BookedOut, it is collected, processed and maintained solely by us or by third party Agents who are bound by confidentiality obligations. If you would like to opt out from the onward transfer of your information to our non-agent partners, you may send us an email at info@BookedOut.com. Include the word "privacy" in the subject line of the email and all your registration information in the body of the email.

We may share or otherwise use aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and log data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Partners may sponsor promotions, contests and sweepstakes that require you to reveal details such as your name, address or phone number. When a Partner-sponsored contest or sweepstakes is made available through the BookedOut Platform, it will contain a link to the Partner's privacy policy. Always check their privacy policy before revealing information about yourself. If you do not want these sponsors to have your Personal Information, you can choose to not participate in their contests, sweepstakes and other offerings.

BookedOut reserves the right to utilize and disclose Personal Information from the BookedOut Platform at our discretion, if required by law or if we are given reason to believe that such disclosure is necessary in order to prevent harm to the BookedOut Platform or our Users or to protect the rights of our Users, the general public, or BookedOut, or to comply with a judicial proceeding, court order or legal process.

Finally, BookedOut reserves the right to transfer, sell and/or distribute all information collected through the BookedOut Platform to an affiliate, subsidiary, or third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or part of our business, assets or stock. We will require that any new entity follows this Privacy Policy with respect to your Personal Information, as and to the extent required by applicable law, unless and until you consent to a different privacy policy of the new entity.

Client-Freelancer Communication and Project Work Product

As part of the BookedOut Platform, we may collect information and communications transferred between Client and Freelancer. Such data may include information input, sent or delivered by the Freelancer or Client such as a memo, Project details, Project timeline, Project pricing, and responses to queries. BookedOut may use this information for statistical analysis, product development, marketing and research. Except as noted above, we do not treat information contained in these communications as Personal Information, but we may use such information in association with Personal Information, and we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Log Data

When you visit the Site as a User, whether as a registered User or a non-registered User, and whether from a desktop or mobile device, our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser software version or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Site's functionality and user-friendliness, to better tailor it to our visitors' needs, and to detect suspicious activity. These third party service providers have their own privacy policies addressing how they use such information. We do not treat Log Data as Personal Information, but we may use it in connection with Personal Information, and we may aggregate, analyze and evaluate such Log Data for the same purposes as stated above regarding Non-Identifying Information.

Cookies

Like many websites, we use "Cookies", a small data file that we transfer to your computer's hard disk for record-keeping purposes, to collect information. We use Cookies for two purposes. First, we utilize persistent Cookies to save your registration ID and login password for future logins to the Site and to track your compliance with our Terms and Conditions. Second, we utilize session ID Cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by BookedOut Users and web traffic routing on the Site. Unlike persistent Cookies, session Cookies are deleted from your computer when you log off from the Site and BookedOut Platform and then close your browser. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you may not be able to use all portions of the Site or all functionality of the BookedOut Platform.

No PHI

While BookedOut takes security and privacy very seriously, BookedOut is not a HIPAA Business Associate and the BookedOut Platform is not HIPAA-compliant and should not be used to store any protected health information ("PHI"). You agree that you will not upload or store any documents containing PHI. To do so would be a violation of our Terms of Service.

Phishing

Identity theft and the practice currently known as "phishing" are of great concern to BookedOut. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your banking or credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. We recommend that you do not respond to and to promptly report any email or telephone communication purporting to be from BookedOut in which such information is collected. For more information about phishing, visit the Federal Trade Commission's website.

Freelancer Profiles

If you choose to use the BookedOut Platform as a Freelancer, you will be able to create and manage a profile, which will be publicly viewable via the BookedOut Platform. Such profile information may include, but not be limited to, a profile picture, your name, location, contact information, images (including your personal likeness), videos (including your personal likeness), information on Projects previously performed via the BookedOut Platform and outside the BookedOut Platform, skills, credential tests taken, quoted compensation rates, feedback/rating information, messages and usage data. A Freelancer may edit the Freelancer's profile via the Freelancer's account. If a Freelancers elects to submit a bid for Project via the BookedOut Platform, your User profile will be shared with the Client who posted the Project.

Client Projects

If you choose to create and upload a Project posting via the BookedOut Platform as a Client, the contents of such Project posting will be publicly viewable via the BookedOut Platform. Project postings may include information such as the Project name, budget, location, history of Project postings by the Client, Client feedback and rating information and timing of Project performance. If you choose to post a Project posting via the BookedOut Platform, we will share with all Users information related to the Project, including, but not limited to, the information contained in your Client profile.

Feedback

We collect feedback from Users about their experience with other Users of the BookedOut Platform. Please note that any User feedback provided via the BookedOut Platform may be publicly viewable via the BookedOut Platform.

Compliance with Laws and Law Enforcement

BookedOut cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of BookedOut or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

Changing or Deleting Your Information

All registered Users may review, update, correct or delete the Personal Information in their registration profile by contacting us or by making edits via their accounts. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us at info@BookedOut.com. If you have a Freelancer or Client profile on the BookedOut Platform, you may update the information stored in your profile by logging in to your account. We will use commercially reasonable efforts to honor your request; however, your Personal Information may remain in our archives. We may retain an archived copy of your records as required by law or for legitimate business purposes. Please bear in mind that neither you nor BookedOut can delete all copies of information that has been previously shared with others on the Site.

Security

BookedOut takes the safeguarding of your Personal Information seriously. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. In certain instances we encrypt information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems. When you use the BookedOut Platform to share Personal Information the Personal Information will be made available to the Users with whom you agree to share such information.

International Transfer

Your information may be transferred outside of the jurisdiction in which you reside and may be stored (or otherwise maintained) on information systems and devices located in jurisdictions where the privacy laws differ from and in some cases may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, BookedOut transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer and your acknowledgement and acceptance of the fact that the treatment of such information will governed by the applicable laws of the United States.

Links to Other Sites

Our Site contains links to other websites. If you choose to click on a third party link, you will be directed to that third party's website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own Cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Children

This Site is not directed to persons under 18 years of age ("Children"). Children are not eligible to use the BookedOut Platform. Protecting the privacy of Children is important to us and we do not knowingly collect personally identifiable information from Children. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at info@BookedOut.com. If we become aware that any Children provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact us by email at info@BookedOut.com.