PRIVACY POLICY

Effective Date: 10/15/2020

Thank you for doing business with Novosi, LLC (“Novosi,” “Company,” “we,” “our,” or “us”). We welcome you and hope you find our websites, applications, products, and our other subscription services and tools (collectively, the “Services”) helpful and useful. We have adopted this privacy policy (“ Privacy Policy ”) to help our website visitors, current and potential customers, clients, and the prospects of our clients (“you” or “your,”) understand what Data we collect, store, share, and use, how and why we do so, and what your rights are in regards to that Data.

In this Privacy Policy, we use the word “Data” to describe all the information we collect that relates to you and your use of our Services. “Data” is broken into different categories, which are defined in the “Data We Collect and How We Use It” section of this Privacy Policy. We may refer to the different categories separately, but when we use the word “Data,” we mean all the different categories described in this Privacy Policy.

To be clear, the term “Data” does not apply to “De-identified Data,” which consists of: (1) any information that we may acquire from third parties that has been de-identified before we receive it and (2) de-identified and aggregated data that may be derived from such information and other Data, such as traffic patterns, geo-location, and other information (which again, cannot be reasonably connected with any individual). We may use De-identified Data for our own purposes, subject only to our agreements with the sources of that De-identified Data. We describe how we handle De-identified Data in this Privacy Policy in Section 3.

1. DESCRIPTION OF SERVICES

We provide a video conferencing platform that helps our clients easily and seamlessly connect with their prospects. In this Privacy Policy, all the tools and services made available in connection with the Services, including our website, app, tools, and any other services that we provide directly to you, including updates thereto, whether now known or developed later, are included in the term “Services.”

2. LAWFUL BASIS FOR PROCESSING

Many jurisdictions require that we disclose to you the lawful basis for our processing of your Data. We do that in Section 4 and throughout this Privacy Policy. In general, our lawful basis for processing your Data is based on your specific consent or your contract with us.

By accessing or using any of the Services or by otherwise interacting with us online, you consent to our use of your Data as described in this Privacy Policy. If our processing of your Data is based on your consent, you may withdraw your consent at any time, and we will cease collecting your Data. However, in some cases, this may result in your inability to receive partial or full access to the Services, and your withdrawal of consent does not limit our ability to use the Data that has been aggregated and anonymized for use by us in connection with our legitimate business efforts in the future. In addition, your withdrawal of consent does not prevent us from retaining and processing Data if we are required to do so by applicable law or in order to preserve legal claims. It also doesn’t prevent us from processing Data that has been gathered pursuant to a different lawful basis. For example, if you give your consent for us to process your Data, but we are also required by law to keep your Data, that separate “lawful basis” will still apply, even if you withdraw your consent.

When you enter into an agreement with us, either by accessing the Services, by executing an agreement in hard copy or by clicking “I Accept” or similar language online, we will process your Data for the purposes of fulfilling the terms of our contract with you. In that case, our processing of your Data is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing that Data have been fulfilled and after we no longer have a legal obligation to keep that Data.

In all cases, we will comply with applicable law and we will cease processing your Data after the legal right, obligation, or other lawful basis expires.

4. DATA WE COLLECT AND HOW WE USE IT

Listed below are the categories of Data we collect when you use our Services. We never sell your Data, and we always have a lawful basis for gathering the Data, but that lawful basis might be different for different categories, and we describe those uses below. Regardless, we never use the Data for any purpose other than the purpose for which we gathered the Data in the first place, unless we get your prior explicit consent.

A. Registration Data

  1. Data Description: Registration Data consists of the name, e-mail address, street address, and other contact information you provide us using the Services, both when you register your account and thereafter. Registration Data also includes your username, client type and membership end date, if any.
  2. Lawful Basis for Processing: Our lawful basis for processing Registration Data is our contract with you and your consent. We can only provide certain of the Services to you if we have the Registration Data, so we need to store and access that Registration Data during the term of our contract. Even when the Registration Data is not critically necessary to the provision of the Services, we may still process that Registration Data to facilitate our contractual interactions with you.
  3. How We Use It and Who We Share It With: Registration Data is accessible only to us and to you. We use it only to provide the Services to you. At times, we will share the Registration Data with other third parties at your request or to fulfill requests that you make of us. We may also use your Registration Data to offer our own goods or services to you, either directly through e-mails or through third party platforms, but you may opt out of those offers at any time.

B. Engagement Data

  1. Data Description: Engagement Data consists of all the information you input or record using the Services, except as otherwise stated in this policy. It also includes all information that is proprietary to you regarding your use of the Services (other than the data that qualifies as “Usage Data” below) that is collected or processed by the Services. Engagement Data may include records of online meetings and sessions, including information and recordings gathered in connection with those meetings and sessions, such as the personal information of prospects, and business information of our clients.
  2. Lawful Basis for Processing: Our lawful basis for processing Engagement Data is (1) our contract with you, (2) our obligation to provide you with the Services and (3) our legitimate interest in improving our Services based on the Engagement Data we receive from you.
  3. How We Use It and Who We Share It With: Your Engagement Data is accessible only to us, to you, and where it relates directly to a party who either provides services to you or receives services from you, to that party, in which case that party will be obligated to protect the confidentiality of your Engagement Data under applicable law. We do not share Engagement Data with other third parties, except at your specific request. We also do not de-identify or aggregate Engagement Data for use for any purpose other than to provide the Services to you and to improve our knowledge of how our systems are used. Both during the term of our agreement with you and thereafter, we may also use Engagement Data that has been anonymized and aggregated in randomized control tests related to the products we offer. We may share the results of that randomized control testing with third parties such as research or academic institutions, but the shared information will only include demographic data such as gender and age. It will never include personally-identifiable information such as names, e-mail addresses, or phone numbers.

C. Usage Data

  1. Data Description: Usage Data consists of the following and similar information:
  2. Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Usage Data we receive from you.
  3. How We Use It and Who We Share It With: Usage Data is accessible to us and to you. We do not share it with third parties, except when we agree to do so at your specific request, but we may use Usage Data to make improvements to the Services. Both during the term of our agreement with you and thereafter, we may also use Usage Data in an anonymized and aggregated format that is not identifiable to any individual, and that anonymized and aggregated information belongs solely to us to use in our sole discretion (including to sell anonymized and aggregated information, which is not Data). To the extent we are required to delete any Usage Data about you, we may still retain aggregated and anonymized information that may have originated as your Usage Data.

D. Payment Data

  1. Data Description: Payment Data is only collected when your use of the Services is subject to the payment of a fee or other charge. Payment Data is the information necessary for us to process your payments. Payment Data will vary depending on the payment method you use (e.g. direct via your mobile phone carrier or by invoice) but will include information such as:
  2. Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Payment Data we receive from you.
  3. How We Use It and Who We Share It With: We only use Payment Data to facilitate payment, and we only communicate it to those parties who are strictly necessary for that purpose.

5. SHARING YOUR INFORMATION

Except where a specific limitation is noted above, we may share your Data as follows:

  1. At Your Instruction. If you request us to make your Data available to a third party, and such request furthers, in our sole discretion, the purposes of our Services, we will do so, and you agree to pay any processing fee associated with such efforts.
  2. Sharing with Vendors. In certain cases, we use the services of third-party vendors, to assist us in providing the Services. We may share your Data with such vendors solely for that purpose.
  3. Service Providers. We may sometimes use a third party to provide specific Services on our behalf, including sending e-mails to our members, conducting member surveys, processing transactions, or providing development technology services, or performing statistical analysis of our Services. In these cases, we may provide certain personal information, such as your name and e-mail address and other financial information necessary for the service to be provided.
  4. Internet Service Providers. We may provide certain portions of your Data, such as your email address or name, back to your internet service provider if we have an existing advertising relationship with them. This is done to allow them to target or discontinue your exposure to our advertisements, once you have become a participating member of our Services.
  5. Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right to transfer that information in connection with such transactions without notice to you. We will not be required to obtain your consent for such a transfer.
  6. Legal Disclosure. We may disclose your Information if required to do so by law or in the good faith belief that such action is necessary to conform to applicable law, comply with a judicial proceeding, court order or legal process served on us, protect and defend our rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our terms of service.

If we ever plan to use any Data in the future for any other purposes not identified above and we do not have a separate lawful basis for that new purpose for processing, we will only do so after obtaining your specific consent.

6. TECHNOLOGIES WE USE

The technologies we use for automatic Data collection may include the following:

7. YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR DATA

By using our Services, you agree that we may use your Data to market our other Services to you. If, after giving your consent, you wish to opt-out of our using your Data to market Services to you, please follow the instructions below.

  1. Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by sending a request for list removal to hello@tcd.net.
  2. Any other disclosure of your Data: Except as provided in this Privacy Policy regarding anonymized and aggregated Data and except for Data that is processed by us pursuant to a lawful basis other than your consent, you may instruct us to cease disclosure or use of your Data by contacting us at hello@tcd.net.

We will comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages.

8. PRIVACY FOR EU RESIDENTS

The General Data Protection Regulation made effective in Europe on May 25, 2018 (“GDPR”) requires that we clearly describe to data subjects residing in Europe the data we collect and how we use that data. This Privacy Policy does that, and we hope that if you have any questions for us regarding our data collection, you will write us at hello@tcd.net.

The GDPR also requires that we have a lawful basis for our processing of any personal data about an individual residing in Europe. For an individual browsing our website or otherwise accessing our Services, our lawful basis is our legitimate interest in providing the Services to you in the manner that you desire, and all the Data that we collect from such individuals will be used only for those purposes, as described in this Privacy Policy. For an individual purchasing products or services from us, our lawful basis is the contract under which you purchase those products or services, and the Data we collect from such individuals will be used only in connection with our contractual relationship with you and only in a manner that furthers the purposes of that contractual relationship, as set forth in this Privacy Policy.

For employees and other authorized users operating in their role as administrators or users of our services, our lawful basis is the legitimate interest we have in providing the services to their employer.

The GDPR also requires us to take appropriate technical and organizational measures to protect the security of Data relating to residents of Europe. We make commercially reasonable efforts to ensure the privacy and security of the Data of our European visitors and customers, and we are happy to give you a complete description of our most current efforts, if you will write us at hello@tcd.net. You may also write us at that address to communicate with our data protection officer.

Pursuant to the GDPR, residents of Europe have the right to obtain our confirmation of whether we maintain personal information relating to them in the United States. If you are a resident of Europe, upon request from you, we will provide you with access to the Data that we hold about you. You may also correct, amend, or delete the Data we hold about you, subject to our rights and obligations under the GDPR, as described in this Privacy Policy. Individuals who seek access, or who seek to correct, amend, or delete Data transferred to the United States, should direct their queries to hello@tcd.net. If requested to remove Data, we will respond within a reasonable timeframe.

9. SECURITY

The security of your Data is important to us. We use commercially reasonable efforts to store and maintain your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

10. RETENTION

We will keep your information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained information will remain subject to the terms of this Privacy Policy. Please note that if you request that your information be removed from our databases, it may not be possible to completely delete all of your information due to technological and legal constraints.

11. CHILDREN AND STUDENTS

Pursuant to our License and Terms of Service , Permission of a parent or guardian (or an educational institution, where applicable) is always required before children or students under the age of 18 can use the Services.

Once permission is provided, the Services may be used by children and students in various contexts, such as (1) in an educational context, where our video conferencing platform is used for communication between students and teachers, (2) in a health-related context, where a doctor or therapist may meet with a child using our Services, or (3) in other contexts.

We collect very little information about children and students in those contexts. For example, while we do gather the name and contact information of children and students, and while we do “process” the sessions in which they participate, in the sense that the streaming sessions pass through servers configured or managed by us, we never record those sessions or any of the content of those sessions, and the names of children and students that we do gather are never made available to third parties (other than to our service providers, who are also under confidentiality and security obligations). We only use the information we receive from children and students for purposes of providing the Services, including improving those Services. We never use the information for marketing purposes, either for ourselves or third parties, and we comply with the requirements of the Family Educational Rights and Privacy Act (FERPA) and the Child Online Privacy Protection Act (COPPA).

Parents and guardians of children and students have certain rights under COPPA and FERPA. Upon request, where required by those laws, we will (1) disclose to parents and guardians the information that we have collected, (2) delete or correct that information, and (3) cease processing the information. Parents can make this request by e-mailing us at hello@tcd.net.

As with the other Data we collect, the information we collect from children and students may be de-identified and aggregated, and the resulting information, which no longer contains any personally identifiable information, belongs to us and may be used by us for our own purposes.

12. AMENDMENT OF THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice. Any change to this Privacy Policy will become effective on the date that is 30 days from their posting on the Services or sent via email to your listed email address. Unless stated otherwise, our current Privacy Policy applies to all Data that we have about you and your account. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Services signifies your acceptance of any changes.

13. ACCESS AND ACCURACY

You may, under applicable law, have the right to access the information we hold about you in order to verify the information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, and as required by applicable law, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your information as appropriate. As appropriate, this amended information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate information about you enables us to give you the best possible service.

14. CONTACT US

You can help by keeping us informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at hello@tcd.net. If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures.

Contact us

If you’re a therapist and are interested in a quick, free and no-obligation demo of TCD, just fill out the form below and one of our very nice team members will get back to you shortly.

If you have feedback, a comment or a question for us, please leave it below. If you’re looking for mental health care, unfortunately we aren’t qualified to help, but we hope you’ll find someone who can get you he help you need.

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