Last updated: May 2024
Mission Care LLC d/b/a CoachUpCare.com ("CoachUp Care", "we" or "us") provides a subscription and pay-for-use platform that offers employers and other organizations access to an array of content and tools to train, engage and retain their employees, members or other users. These Terms of Service (the "Agreement") set forth the terms and conditions that govern the use of the CoachUp Care website (www.coachupcare.com), the associated mobile application and all software, services and content (including Courses (as defined below)) available therein (collectively, the "Services") by subscribers to the Services ("Customers") and individuals who have been supplied with access credentials and authorized by Customers to access and use the Services ("Users"). Customers and Users may be referred to in this Agreement collectively as "you" or "your".
By accessing or using the Services in any way, you agree to be bound by this Agreement. If you do not accept any of the terms of this Agreement and/or you do not meet or comply with its provisions, you may not use the Services. You represent and warrant that (i) you are at least 18 years of age, and have the authority to enter into this Agreement; and (ii) if you are accepting this Agreement on behalf of an entity, you have the authority to agree to all of the terms set forth herein on behalf of such entity.
HIPAA. The Services are not and are not intended to be compliant with the Health Insurance Portability and Accountability Act of 1996, as amended, and its associated rules and regulations (collectively, "HIPAA"). Rather, the Services provide a platform through which training and engagement content and tools are made available for the use of Customers and Users. You are prohibited from submitting, uploading, transmitting or communicating to or via the Services any Protected Health Information (as defined in HIPAA) or otherwise using the Services for the purposes of engaging in any transactions or activities governed by HIPAA.
No Medical Services. If you or a patient have a medical emergency, call your doctor or 911 immediately. Although some content within the Services is healthcare related, it is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or any specific issues relating to the care of a patient. CoachUp Care assumes no liability arising out of or related to your failure to seek the help of a physician or other licensed professional.
The Services may be performed from the United States. You are responsible for confirming that the transfer of any information (including personal information) to the United States for purposes of performance of the Services is permitted by applicable laws to which you may be subject. You are responsible for providing all required notices to, and obtaining all required consents from, Users whose personal information may be processed via the Services.
The disclaimers, terms, and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application that we disclose.
IMPORTANT NOTICE: YOUR USE OF THE SERVICES IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 9 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE CAREFULLY REVIEW SECTION 9 OF THIS AGREEMENT FOR MORE INFORMATION.
SERVICES - GENERAL TERMS
CoachUp Care Materials. Our Services, systems, databases, and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software, designs, workflows and other technologies that are provided or used by CoachUp Care in connection with the Services and any and all intellectual property rights in the foregoing (collectively, the "CoachUp Care Materials") shall at all times remain the exclusive property of CoachUp Care or its third-party licensors. Any third-party software included in the Services is licensed subject to the additional terms of the applicable third-party license.
Grant of Access and Usage Rights. On the condition that you comply with your obligations under this Agreement (including, for Customers, any ordering documents or Customer agreements entered directly with CoachUp Care), and subject to additional terms of any third-party licenses applicable to third-party software included in the Services, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, right to access and use the Services on a subscription and/or pay-per-use basis solely for (a) your own internal purposes if you are a Customer or (b) for your own personal purposes if you are a User. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and terminate or limit your access to the Services. Any use of the Services that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement. You are not acquiring any rights in or to the CoachUp Care Materials other than a non-exclusive right to access and use the Services on a subscription or pay per use basis solely in accordance with the terms of this Agreement.
Modification. We may discontinue or alter any aspect of the Services, restrict the time the Services are available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to the Services without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services; subject to any additional terms and conditions in your ordering document or Customer agreement, as applicable.
Removal of Access. Your access to the Services is provided on a temporary basis with no guarantee for future availability. You agree that we may immediately suspend or terminate your access to the Services or any part thereof. Cause for such measures include, without limitation: (1) breach or violation of this Agreement or other incorporated agreements or guidelines; (2) our discontinuance or material modification to the Services; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; (5) your engagement in fraudulent or illegal activities; or (6) your failure to comply with applicable governmental guidelines or regulations relating to the CoachUp Care Materials or any other content or materials available via the Services (including without limitation, Your Content, as defined below). You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
Defects and Availability. We use commercially reasonable efforts to maintain the Services, but we are not responsible for any defects or failures associated with the Services or any damages (such as lost profits or any other consequential or indirect damages) that may result from any such defects or failures. You understand that the Services are provided over the Internet, so the quality and availability of the Services may be affected by factors outside of our control. We do not represent, warrant, or guarantee that the Services will always be available or will be completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to the Services being unavailable.
Restrictions. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Services in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Services are based; (3) use the Services or any CoachUp Care Materials to develop a competing service or product; (4) use any device, software, or routine (including malicious code or viruses) intended to damage or otherwise interfere with the proper functioning of the Services, servers, or networks connected to the Services or take any other action that interferes with any other person's use of the Services; (5) decrypt, transfer, create Internet links to the Services, or "frame" or "mirror" the Services on any other server or wireless or Internet-based device; (6) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to the Services; (7) use the Services for unlawful purposes; (8) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Services for any reason; (9) access or attempt to access any other user's account; or (10) use any CoachUp Care Materials made available through the Services in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
ESTABLISHING AND MAINTAINING AN ACCOUNT WITH COACHUP CARE
Registration. Access to the Services requires Customers and Users to be registered with us via a CoachUp Care-generated registration process. Upon successful completion of the registration process, each Customer will be provided with administrative control over its CoachUp Care account, which will include access credentials for such Customer account and the ability to manage the Customer account. In addition, Customer's administrator(s) will have the ability to enroll or facilitate the enrollment of Customer's employees, members or other affiliated individuals as Users in Customer's CoachUp Care account and to generate usernames and passwords to enable role-based access to the Customer's CoachUp Care account. Customer and its Users are the only individuals and entities authorized to access and use that Customer's account and the associated User credentials, based on the level of authorization associated with their respective credentials. For information about our collection of personal data about Users in connection with account registration on the Services, please review our Privacy Policy.
Unauthorized Use and Information Changes. You are responsible for all activities that occur under your account and/or your login credentials. You must immediately notify us if your registration information or contact information changes or you learn of or have reason to suspect any unauthorized use of your login credentials or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
Storing Credentials. The Services may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access the Services. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to CoachUp Care or the Services resulting from unauthorized access to the Services from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.
COACHUP CARE FEATURES.
Marketplace. CoachUp Care offers Customers and Users access to the CoachUp Care Marketplace (the "Marketplace") through which Customers and Users can purchase access to and/or enroll in an array of training courses Courses") and other tools that are provided and administered by leading third party providers ("Marketplace Content"). Customers can use the Marketplace to select and assign Courses to Users, assess the progress of Users, upload Customer-designed Course content and track Users' compliance and certifications. Customers can communicate with Users regarding assignments, Course progress and related matters via the communication tools (e.g., text or email) that Customer sets up as part of its account registration process. In all cases, use of the Marketplace is subject to the terms governing Course content in Section 4 below.
Upload Your Own Training Courses. Customers may use the Services to upload, manage and administer Course content that they create or acquire separately from outside sources ("Customer Content"). Customers can then assign Users to take such Courses and customize and administer their own curricula and certifications in a manner tailored to their specific needs (in all cases, subject to the terms governing Course content in Section 4 below).
Updates & Announcements. CoachUp Care includes a platform that provides a forum for Customers to define and publish company updates. As described in Section 5 below, Customers and Users are solely responsible for any and all of Your Content that they incorporate within the Platform and for any communications that they engage in via the Updates & Announcements Feature of the Platform. Customers are responsible for obtaining all necessary consents from Users to participate in activities within the Platform, including to receive related text and email messages. CoachUp Care provides the Platform to Customers and Users as a tool and has no responsibility for Your Content or any communications between Customers and Users via the Platform.
Recognition and Rewards Platform. CoachUp Care includes a platform that provides a forum for Customers to define and publish company values and User recognition criteria and to issue to Users acknowledgements and rewards for achievement (the "Recognition and Rewards Platform"). The Recognition and Rewards Platform includes a social recognition feed and provides access to a third party rewards catalog with redemption capabilities. As described in Section 5 below, Customers and Users are solely responsible for any and all of Your Content that they incorporate within the Recognition and Rewards Platform and for any communications that they engage in via the Recognition and Rewards Platform. Customers are responsible for obtaining all necessary consents from Users to participate in activities within the Recognition and Rewards Platform, including to receive related text and email messages. CoachUp Care provides the Recognition and Rewards Platform to Customers and Users as a tool and has no responsibility for Your Content or any communications between Customers and Users via the Recognition and Rewards Platform.
Survey Retention Platform. CoachUp Care provides tools for Customers to maintain employee engagement and increase employee retention, which include email communications and texting capabilities (the "Surveys"). Customer may use the Surveys to exchange information with Users, solicit email or text-based reviews to assess employee satisfaction and to support question and answer capabilities with employees. Customer's use of the Surveys is subject to the terms and conditions of the Agreement, including without limitation, the terms relating to platform communications set forth in Section 5 below.
Referrals. CoachUp Care includes a platform that provides a forum for Customers to seek employee referrals. Customers are responsible for obtaining all necessary consents from Users to participate in activities within the Platform, including to receive related text and email messages.
Text-Based Tech Support. CoachUp Care includes a tech support feature that enables Customers to provide one-on-one text-based tech support to their Users. If a Customer opts to use this tech support tool, Customer must comply with the terms and conditions of this Agreement including without limitation, the terms regarding platform communications set forth in Section 5 below.
RESPONSIBILITY FOR COURSE CONTENT.
Eligibility Requirements. CoachUp Care is not responsible for and expressly disclaims all responsibility for the compliance of the Courses (whether they are Marketplace Content, Customer Content or are included in the Home Health Aid Creation Program) with applicable federal, state or local training, continuing education, certification and other legal or regulatory requirements ("Eligibility Requirements"). The responsibility for compliance of the Courses with the Eligibility Requirements rests with the Customer for Courses that are Customer Content or with the third party providers of such Courses that are Marketplace Content or that are included in the Home Health Aide Creation Program, as the case may be. Further, Customers and Users are each solely responsible for determining whether a Course or series of Courses meets their requirements and objectives. CoachUp Care simply provides a platform through which Customers may access, create, and offer Courses to their Users and through which individual Users may enroll in Courses that they believe will further their personal or professional objectives. CoachUp Care is not required to and does not monitor the Courses for compliance with Eligibility Requirements.
Administration of the Courses. Customers are solely responsible for administering the Courses to Users whom they permit to enroll in and take the Courses. Without limiting the generality of the foregoing, each Customer is responsible for assigning Users to specific Courses or training programs, for tracking the progress of Users through the Courses or training programs, for determining whether Users have completed the applicable Courses or training programs, for administering any required tests or validations and for issuing any associated certifications to Users. For Users who elect to take Courses or otherwise access and use Marketplace Content, the third party providers of such Courses and Marketplace Content are responsible for administering the Courses and Marketplace Content, including any related tests, validations and certifications.
Certification. CoachUp Care does not verify that a particular User has completed all of the requirements to be considered "certified" in a field. Each Customer is responsible for determining the applicable certification requirements, determining whether such certification requirements have been met by a User under the Customer's account and for issuing any certifications. You agree and acknowledge that CoachUp Care is not responsible for ensuring that any User completes a particular certification requirement.
PLATFORM COMMUNICATIONS.
General. As described in Section 3 above, the Services provide a platform that enables Customers to trigger various communications to Users under their respective Customer accounts. Customers are solely responsible for selecting and using these communications tools, which include, but are not limited to, the social recognition feeds, company announcements and updates, email communications and text messaging referenced above, in compliance with all applicable laws, including without limitation, the Telephone Consumer Protection Act (47 U.S.C. § 227, et seq.) and its corresponding regulations, any and all state and federal laws pertaining to telephone communications and the CAN-SPAM Act. (15 U.S.C. § 7701, et seq.).
Customer is solely responsible for obtaining and correctly identifying whether the User has consented to receive text messages and/or email messages via the Services, and that such consent complies with all applicable laws. Customer is solely responsible for updating its account settings to maintain their accuracy and the accuracy of User information at all times, including in the event that Customer receives a notice from any User revoking consent to receive text messages or email messages via the Services or otherwise becomes aware that such consent has been revoked or is invalid, for any reason.
Customers can enable or disable text messaging and manage employee opt-outs within Company Settings. By enabling text messaging, the Company acknowledges that by enabling this feature, they understand the use of the Platform can alert employees that have not opted out of SMS messaging when employees are recognized, have a survey, milestone, or training due, and to receive updates.
For the avoidance of doubt, Customer is solely responsible for (i) obtaining any consent legally required for Users to receive text message and email communications, (ii) complying with any opt-out requests submitted by Users and (iii) for ensuring that all User contact information remains current and up to date.
Associated Charges. With respect to text messages, each User's contract with their mobile network provider ("Mobile Provider") will continue to apply when accessing or using the Service on a mobile phone, tablet or other mobile device. Each User understands that their Mobile Provider may charge the User fees for their use of the Mobile Provider's network while accessing or using the Services, for data downloading, email, text messages, for roaming, and other Mobile Provider or third party charges, and that EACH USER IS SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES. You understand that the Services are provided over the Internet and mobile networks, so the quality and availability of the Services may be affected by factors outside our control. We do not guarantee that the Services will be compatible or operate with any Mobile Provider's service plans, with any particular mobile device, or other piece of hardware, software, equipment.
Consents. Without limiting Customer's obligations in Section 5.1 above, each User will have the
option to receive text messages from CoachUp Care Customers by providing their consent to receive text messages
during the initial log-in process via their CoachUp Care credentials. By providing the phone number for
your mobile device and clicking on the box indicating your consent to receive messages that will be triggered
from your employer or other affiliated organization as they use the CoachUp Care Platform, User agrees to
receive recurring text messages, including marketing messages, from an automated system from CoachUp Care and
the User's respective Customer. Consent is not a condition of purchase. User agrees that these messages
may include, but are not limited to, marketing messages, monthly offers, training, team recognition, alerts and
other recurring messages from an automated system. Message frequency will vary. By enabling your
employer or other affiliated company to enable text messaging, you agree that you are the primary owner of or
customary user of the phone number used to subscribe. Message and Data Rates May Apply. You may unsubscribe
from the texting program at any time by un-enrolling in text messaging by updating your User settings in the
CoachUp portal and/or replying STOP to any of the messages. You may not be able to participate in our texting
programs through all wireless carriers. Service may not be compatible with all handsets.
OWNERSHIP
Ownership of CoachUp Care Materials and Third Party Content. The CoachUp Care Materials, the Marketplace Content and the Courses included in the Home Health Aide Creation Program are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in any of the foregoing are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the CoachUp Care Materials, the Marketplace Content or any Courses.
Your Content. As described above, the Services allow Customers and Users to upload, download, store, or transmit user-generated data or information, including Customer Content (collectively, "Your Content").
License to Your Content (excluding Customer Content): By submitting Your Content (excluding Customer Content, which is subject to the license below) to the Services, you grant CoachUp Care a nonexclusive, worldwide, right and license to use, copy, and display Your Content to provide the Services. You further grant CoachUp Care a nonexclusive, perpetual (except with respect to Customer Content), worldwide, royalty-free right and license to use, copy, display, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, transfer, sublicense, create derivative works of, and compilations incorporating, Your Content to provide performance improvement, marketing and advertising, and other lawful purposes in connection with the Services.
License to Customer Content (Courses): By submitting Customer Content to the Services, which may include proprietary Courses and related content created by or for you, you grant CoachUp Care a nonexclusive, worldwide, royalty-free right and license (during the Term of your Customer agreement with CoachUp Care) to use, copy, host, publish, maintain and display such Customer Content via the Services for use by and for the benefit of Customer and Customer-designated Users as described in this Agreement and in your Customer agreement. Subject to the foregoing limited license, Customer and its licensors, retain all right, title and interest in and to such Customer Content.
Restrictions Applicable to Your Content. You may not upload, post, or transmit any content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of CoachUp Care or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your account, CoachUp Care, or the Services; or (5) promotes or displays any of the following content: (a) pornography; (b) violence; (c) racial intolerance or advocacy against any individual, group, or organization; (d) profanity; (e) hacking or cracking; (f) illicit drugs and drug paraphernalia; (g) sale of alcohol, tobacco, or tobacco-related products; or (h) the sale of weapons or ammunition. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all of Your Content from the Service. We reserve the right to amend or delete any of Your Content (along with the right to terminate or restrict use of or access to the Services) that in our sole discretion violates any of the above. By providing Your Content via the Services, you further understand and agree that you do so at your own risk and that we are not responsible for the damage or loss of any such Your Content. You agree that we are not liable for any legal violation caused by your use or misuse of any content or other information transmitted, monitored, stored, or received while using the Services.
Feedback. We welcome your comments, feedback, information, or materials regarding the Services or any of our other products or services (collectively, "Feedback"). By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
Links; Third Party Materials. The Services may include links to other websites or resources on the Internet (collectively, "Third Party Materials"). Because we have no control over Third Party Materials, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Materials or for any privacy or other practices of the third parties operating those websites or providing such materials. We strongly encourage you to review any separate terms of use and privacy notices governing use of these third party websites and Third Party Materials.
Ownership of Intellectual Property. CoachUp Care or its licensors exclusively own all right, title and interest in and to the Services, the CoachUp Care Materials and Feedback, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto (collectively, "CoachUp Care IP"). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the CoachUp Care IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. Any unauthorized use of any CoachUp Care IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties.
REPRESENTATIONS
General Representations. You hereby represent and warrant that: (1) all information provided by you to us is truthful, accurate and complete and that you will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (2) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of the Services, your Feedback, or any part thereof; (3) your access to and use of the Services or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (4) you will not use the Services in order to gain competitive intelligence about us, the Services, or any product or service offered via the Services or to otherwise compete with us; and (5) Your Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party.
Systems Representations. You represent that you shall, at all times during the term, procure, set up, maintain, and operate in good repair, at your sole cost and expense, all equipment, resources, technology, or systems, including computer hardware and equipment, any Internet access, third party software, and telecommunications services, necessary for you to access and use the Services (collectively, the "Your Systems"). You further represent that in connection with Your Systems, you shall employ all physical, administrative, and technical controls, screening and security procedures, and other safeguards necessary to securely administer the distribution and use of the Services, and protect against any unauthorized access to or use of the Services.
Feedback Representations. In the event you provide any Feedback via the Services, you hereby make the following additional representations and warranties to us: (1) you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties' rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.
DISCLAIMERS OF WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED, THAT THE SERVICES AND ANY CONTENT OR INFORMATION FOUND ON THE SERVICES WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
FOR AVOIDANCE OF DOUBT, TO THE EXTENT WE PROVIDE ANY TOOLS TO HELP OBTAIN USER CONSENT TO RECEIVE TEXT MESSAGE OR EMAIL COMMUNICATIONS AND/OR ANY TOOLS TO TRACK OR MONITOR OPT OUT REQUESTS FROM USERS, SUCH TOOLS ARE PROVIDED SOLELY "AS IS" AND AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, INCLUDING (BUT NOT LIMITED TO) THAT SUCH TOOLS COMPLY WITH OR ARE SUFFICIENT TO COMPLY WITH APPLICABLE LAW. SUCH OBLIGATIONS TO COMPLY WITH APPLICABLE LAW TO SEND TEXT MESSAGE AND EMAIL COMMUNICATIONS TO USERS REMAIN THE SOLE RESPONSIBILITY AND OBLIGATION OF CUSTOMER AS DETAILED IN SECTION 5.
INDEMNITY; LIMITATION OF LIABILITY
Indemnity. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COACHUP CARE, OUR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY'S FEES AND COSTS AND EXPENSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OF OUR SERVICES, (B) YOUR VIOLATION OF THIS AGREEMENT, (C) ANY OF YOUR CONTENT THAT YOU PROVIDE THROUGH OUR SERVICES, (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, (E) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT AND (F) ANY COMMUNICATIONS OF ANY KIND SENT TO YOUR USERS, REGARDLESS OF THE BASIS FOR SAID CLAIM, LIABILITY OR DEMAND.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL COACHUP CARE BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SERVICES. IF YOU ARE DISSATISFIED WITH OUR SERVICES, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR THE USE OF ANY OR ALL PARTS OF OUR SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
For California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST COACHUP CARE.
DISPUTE RESOLUTION AND GOVERNING LAW, JURISDICTION AND COSTS
Governing Law. This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Florida without reference to its conflicts or choice of law principles.
Dispute Resolution. To the extent feasible, the parties desire to resolve any dispute, claim or controversy arising out of or relating to your use of or access to the Services or CoachUp Care Materials, this Agreement or the breach, termination, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitration, and any communications in any form sent through or relating to CoachUp Care or the Services (a "Dispute") through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). If we are not able to resolve any Dispute ourselves, you and CoachUp Care agree to resolve such Dispute through confidential binding arbitration as set forth below.
Binding Arbitration. If you and CoachUp Care are unable to resolve a Dispute through informal negotiations, either you or CoachUp Care may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules") both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement you and CoachUp Care may litigate in a court of competent jurisdiction to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Waiver of Rights. You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the Dispute determined by a court of law or by a jury and any right that you may have under Article 13 of the State Bar Act of California to have a trial de novo by a court after nonbinding arbitration of a dispute concerning fees or costs; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that judicial review might be available. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER OR CUSTOMER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
MISCELLANEOUS
Term. This Agreement is effective upon your acceptance and will continue in full force until terminated by you or us. You may terminate this Agreement at any time by immediately discontinuing all access to the Services. Termination or cancellation of this Agreement will not affect any right or relief to which we may be entitled at law or in equity. We reserve the right to terminate this Agreement at any time and for any reason without prior notice to you. Further, you agree that we will not be liable to you or any third-party for any termination or suspension of your access to the Services or any part thereof.
Independent Contractors. You understand and expressly agree that you and CoachUp Care are independent contractors and not agents or employees of the other party. Neither you nor CoachUp Care has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
Consent to Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither you nor CoachUp Care will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
Equitable Relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
Privacy. We collect, store, and use data collected from you in accordance with our Privacy Policy and you hereby agree to the terms of our Privacy Policy.
Entire Agreement. This Agreement and any hyperlinked policies and procedures constitute the entire agreement between you and CoachUp Care with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof. Notwithstanding the foregoing, if you are a Customer, any order form or Customer agreement that you enter directly with CoachUp Care will govern in the event of a conflict with these terms of use. We may revise and update this Agreement from time to time, and will post the updated Agreement to the portal. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of the Services will constitute your agreement to any new provisions within the revised Agreement.
Waiver; Severability. Our failure to enforce any provision of this Agreement will not be deemed to be a waiver of our right to enforce them. If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.
Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.
Survival. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
Digital Millennium Copyright Act. CoachUp Care has the right to terminate any Customer or User who infringes the rights of others upon receipt of notification to CoachUp Care by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. Upon receipt of proper and valid notice of claimed infringement under the DMCA, CoachUp Care will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Site or Application in a way that constitutes copyright infringement, please provide CoachUp Care's designated agent with the following information:
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Site or Application where the material the User claims is infringed is located. Include enough information to allow CoachUp Care to locate the material;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
CoachUp Care's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail privacy@missioncare.com with the subject line "DMCA" or by mail, CoachUp Care Copyright Agent, CoachUp Care, 200 Central Ave 4th Floor, St. Petersburg, FL 33701.
Contact Us. If you have any questions, you may contact us via email at privacy@missioncare.com or phone at 888-424-5241.
Last Updated/Effective Date: November, 2023.
We at Mission Care LLC dba CoachUp Care, ("CoachUp Care", "we", "our", or "us") respect your privacy and want you to understand how we collect, use, and share your Personal Information.
Unless we link to a different privacy notice, or state otherwise, this Privacy Notice applies when you visit or use the CoachUp Care website (www.coachupcare.com), mobile applications, APIs or related services (the "Services") from which it is linked. This Privacy Notice is not applicable to Personal Information that we process in our capacity as a service provider on behalf of our third-party customers; for more information on how such Personal Information is processed, please review the applicable privacy notice of such third party.
Please do not use the Services or provide us with Personal Information if you do not agree with the terms of this Privacy Notice.
We may modify this Privacy Notice at any time. All changes will be effective immediately upon posting to the Services. Material changes will be conspicuously posted on the Services or otherwise communicated to you.
Personal Information We Collect
We may collect a range of Personal Information. “Personal Information” means information that uniquely identifies, relates to, describes, or is reasonably capable of being associated with or linked to you.
The types of Personal Information we collect may include:
Contact Information – If you submit an inquiry, register for an account, or provide information on our Services, we may collect your contact information. This may include your name, address, email address, demographic information, and phone number.
Commercial information – This includes information about purchases, information about subscriptions, products and services you have shown interest in, payment processing information, and other commercial information.
Location Data – While navigating our Services your mobile device or browser may share your location data, both through WiFi and GPS. We will collect this information based on the settings of your phone and browser.
Usage Information – When you use our Services, our servers may automatically record information, including your Internet Protocol address (IP Address), browser type, referring URLs (e.g., the site you visited before coming to our Services), domain names associated with your internet service provider, and other information relating to your interaction with the Services.
Communication Information – We may collect the contents of your communications with us, whether via e-mail, chat functionality, social media, telephone or otherwise, and inferences we may make from other personal information we collect. Where permitted by applicable law, we may collect and maintain records of calls and chats with our agents, representatives, or employees via message, chat, post, or similar functionality.
Inferences – we may use your Personal Information to create a profile about you reflecting your preferences.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We May Collect Your Personal Information Directly From You – For example, if you choose to contact us or set up a user account to establish access to the Services.
We May Also Collect Personal Information From Third Parties – For example, we may work with business partners, subcontractors, advertising networks, analytics providers, and search information providers, who may provide us with Personal Information about you.
Through Online Tracking Technologies – We and our service providers may use cookies and similar technologies such as pixels, web beacons, and local storage to collect usage and browser information about how you use the Services. We process the information collected through such technologies, which may include or be combined with Personal Information, to help operate certain features of the Services, to enhance your experience through personalization, and to help us better understand the features of the Services that you and other users are most interested in.
COOKIES AND OTHER TRACKING TECHNOLOGIES
We process Personal Information collected through such technologies to help operate certain features of the Services, to enhance your experience through personalization, and to help us better understand the features of the Services that you and other users are most interested in.
Cookies. We collect certain data from cookies, which are pieces of data stored directly on the computer or mobile device that you are using. Cookies allow us to collect data such as browser type, time spent on the Services, pages visited, referring URL, language preferences, and other aggregated traffic data. We use the data for security purposes, to facilitate navigation, to display data more effectively, to collect statistical data, to personalize your experience while using the Services and to recognize your computer to assist your use of the Services. We also gather statistical data about use of the Services to continually improve design and functionality, understand how it is used and assist us with resolving questions.
Pixel Tags and Other Similar Technologies. We collect data from pixel tags (also known as web beacons and clear GIFs), which are used to, among other things, track the actions of users of the Services, measure the success of our marketing campaigns, and compile statistics about usage of the Services.
Online Behavioral Advertising. We may use Personal Information collected via cookies and other tracking technologies to serve advertisements that are customized based on predictions about your interests generated from your visits to websites (including the Services) over time and across different websites.
Through Analytics. We use analytics services, including Google Analytics, to assist us with analyzing our website traffic through cookies and similar technologies. To learn more about how Google uses data, visit Google’s page on “How Google uses data when you use our partners’ sites or apps.” You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.
Refusing cookies and similar technologies. Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Services may not be available, or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings.
We may permit certain third parties to enable cookies or other methods which gather information regarding your use of the Services and such third parties may combine the information in these cookies with any Personal Information about you. The use of such tracking information by a third party depends on the privacy notice of that third party. We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.
HOW WE USE PERSONAL INFORMATION
To the extent permitted by applicable law, we may use Personal Information to:
operate the Services, fulfill customer requests and complete purchases, and provide support to our business functions;
protect against criminal activity, claims and other liabilities;
support and personalize the Services and our advertising efforts;
protect the security and integrity of the Services;
meet our contractual requirements;
comply with applicable legal or regulatory requirements and our policies; and
the extent necessary for any other lawful purpose for which the Personal Information is collected.
DISCLOSURE OF PERSONAL INFORMATION
We may disclose your Personal Information in the following circumstances:
For Legal Obligation or Safety Reasons – When we have a good faith belief that access, use, preservation or disclosure of Personal Information is reasonably necessary to (a) satisfy or comply with any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect our rights, property, and safety, and those of our users, or the public, against harm.
In the Case of a Merger or Sale – If and when we are involved in a merger, acquisition, or any form of transfer or sale of some or all of our business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Personal Information may be transferred along with the business. Where legally required we will give you prior notice and if you have a legal right to do so, an opportunity to object to this transfer.
To Service Providers – We may give access to Personal Information to third party service providers as necessary to perform services on our behalf and subject to our instructions. This may include service providers that operate our Services, send our communications, or run our promotions.
HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION
We will retain your Personal Information for as long as necessary to fulfill the purposes for which it has been collected, as outlined in this Privacy Notice, or any longer retention period required by law. If you are a California resident, please see the section below titled Notice to California Residents for additional information about how long we retain your Personal Information.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We use our commercially reasonable efforts to protect the confidentiality and security of Personal Information we process. However, despite these efforts to store Personal Information in a secure operating environment, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Information.
YOUR CHOICES AND CONTROLS
Depending on where you live, you may have the following rights with respect to your Personal Information:
Access: You may have the right to know what Personal Information we have collected about you and to access such data.
Data portability: You may have the right to receive a copy of your information in a portable and readily usable format.
Deletion: You may have the right to delete your Personal Information that we have obtained, subject to certain exceptions.
Correction: You may have the right to correct inaccuracies in your Personal Information.
Opt out of certain processing: You may have the right to opt out of the processing of your information for purposes of (i) targeted advertising, (ii), the sale of your Personal Information; or (iii) profiling in furtherance of decisions that produce legal or similarly significant effect concerning you
To exercise any of these rights available to you, see Section 14 below.
To opt out of marketing emails, please email us at privacy@coachupcare.com or by following the instructions included in the email or text correspondence. Please note that, even if you unsubscribe from certain correspondence, we may still need to contact you with important transactional or administrative information, as permitted by law. Additionally, if you withdraw your consent or object to processing of your Personal Information, or if you choose not to provide certain Personal Information, we may be unable to provide some or all of our services to you.
INTERNATIONAL USE OF THE SERVICES
This Services are hosted in the United States. Please note that by providing your Personal Information, it is being transferred to, stored, collected, or processed in the United States where our data center and servers are located and where we operate.
CHILDREN’S PRIVACY
We do not knowingly collect or solicit any Personal Information from children under the age of 16. In the event that we learn that we have collected Personal Information from a child, we will promptly take steps to delete that information. If you are a parent or legal guardian and think your child has given us their Personal Information, you can email us at privacy@coachupcare.com or contact us using the information listed in Section 14.
LINKS TO THIRD-PARTY WEBSITES
We are not responsible for the practices employed by any websites or services linked to or from the Services, including the information or content contained within them. We encourage you to investigate and ask questions before disclosing Personal Information to third parties, since any Personal Information disclosed will be subject to the applicable third party’s privacy notice.
NOTICE TO CALIFORNIA RESIDENTS
Subject to certain exceptions, this Section applies to our collection and use of Personal Information if you are a resident of California, as required by the California Consumer Privacy Act of 2018 and its implementing regulations, as amended by the California Privacy Rights Act (“CCPA”), where “Personal Information” has the definition set forth in the CCPA.
This Section describes (1) the categories of Personal Information collected and disclosed by us, (2) your privacy rights under the CCPA, and (3) how to exercise your rights.
We make the following disclosures regarding the Personal Information we have collected within the 12-month period preceding the Effective Date of this Privacy Policy:
Sources of Personal Information
We collect Personal Information from the categories of sources detailed in Section 2 above: (i) directly from you; (ii) data collected automatically through tracking technologies; and (iii) third parties.
Use of Personal Information
We collect Personal Information for the business and commercial purposes detailed in Section 4 above.
Disclosure of Personal Information
The categories of third parties to which we disclose Personal Information for a business or commercial purpose or to whom we sell or share personal information are summarized in the chart below. We do not knowingly sell or share the personal information of minors under the age of 16.
Categories of CA |
Categories of Third Parties to Which |
Categories of Third Parties to Which |
Identifiers |
|
Companies that operate cookies and other online tracking technologies |
Personal information, as defined in the California customer records law |
|
Not sold or shared. |
Commercial Information |
|
Not sold or shared. |
Internet or other similar network activity |
|
Companies that operate cookies and other online tracking technologies |
Geolocation data |
|
Companies that operate cookies and other online tracking technologies |
Inferences drawn from other personal information |
|
Companies that operate cookies and other online tracking technologies |
Professional or employment-related information |
|
Not sold or shared. |
We will retain each category of your Personal Information for as long as necessary to fulfill the purposes described in Section 3, unless otherwise required by applicable laws. Criteria we will use to determine how long we will retain your Personal Information include whether: we need your Personal Information to provide you with products or services you have requested; we continue to have a relationship with you; you have requested information, products, or services from us; we have a legal right or obligation to continue to retain your information; we have an obligation to a third party that involves your information; our retention or recordkeeping policies and obligations dictate that we retain your information; we have an interest in providing you with information about our products or services; and we have another business purpose for retaining your information.
Subject to certain exceptions, if you are a resident of California, you may have the following rights:
Privacy Right |
Description |
Notice |
The right to be notified of what categories of Personal Information will be collected at or before the point of collection and the purposes for which they will be used and shared. |
Access |
The right to know what Personal Information we have collected about you, including (a) the categories of Personal Information; (b) the categories of sources from which the Personal Information was collected; (c) the business or commercial purpose for collecting, selling, or sharing Personal Information; (d) the categories of third parties to whom the business discloses Personal Information; and (e) the specific pieces of Personal Information we have collected about you. |
Data Portability |
The right to receive a copy of your Personal Information in a portable and readily usable format. |
Deletion |
The right to have your Personal Information deleted. |
Correction |
The right to have any incorrect Personal Information corrected. |
To Opt Out of Sales or Sharing of Personal Information |
To the extent we sell or share your Personal Information, you may have the right to opt out of such sale or sharing by clicking here. You may also opt out by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC). We honor Opt-Out Preference Signals, including GPC. If you choose to use an Opt-Out Preference Signal, you will need to turn it on for each supported browser or browser extension you use. |
Limit Use of Sensitive Personal Information |
We do not use or disclose Sensitive Personal Information other than to provide the Services. However, if we used or disclosed Sensitive Personal Information for other purposes, you would have the right to limit certain uses of Sensitive Personal Information. |
Only you, or an authorized agent that you authorize to act on your behalf, may make a request related to your Personal Information. You may also make a request on behalf of your minor child.
You may only make a request for access or data portability twice within a 12-month period. The request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Other California Privacy Rights. Under California Civil Code Section 1798.83, individual customers who reside in California and who have an existing business relationship with us may request information about our disclosure of certain categories of personal information to third parties for direct marketing purposes. To make such a request, please contact us using the information in the Contact Us section below. Please be aware that not all information sharing is covered by these California privacy rights requirements and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year.
NOTICE TO INDIVIDUALS IN CANADA
We comply with applicable Canadian data protection laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).
Your provision of Personal Information to us means that you agree and consent that we may collect, use and disclose such Personal Information for the purposes described in this Privacy Notice. Should you choose not to provide us with required Personal Information, we may not be able to provide certain services. You acknowledge and consent that we may retain service providers to perform certain services, and that such service providers may be located in the United States or another jurisdiction. You further acknowledge and agree that Personal Information may be processed and stored in such jurisdiction, and that foreign courts or law enforcement or regulatory agencies may be able to obtain disclosure of such Personal Information in such jurisdictions.
Residents of Canada may access, review, and request correction of their Personal Information. We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the Personal Information, and whether you have an account with us.
We reserve the right not to change Personal Information if we disagree that it is incorrect, but we will maintain a record of your request. We may not provide access to Personal Information if an exemption applies, for example, where the information requested would disclose the Personal Information of another individual or if the information would reveal confidential commercial information.
You have the right to refuse to provide or to withdraw your consent to processing of your Personal Information at any time. This would not affect processing where applicable law allows us to process Personal Information without consent.
We will not collect, use or disclose your Personal Information for any other purpose than those outlined above, except with your consent. We will respond to your request regarding your Personal Information as promptly as possible.
EXERCISING YOUR INDIVIDUAL PRIVACY RIGHTS
You will not be discriminated against in any way by virtue of your exercise of the rights listed in this Privacy Notice which means we will not deny goods or services to you, provide different prices or rates for goods or services to you, or provide a different level or quality of goods or services to you.
To exercise any of the privacy rights afforded to you under applicable data protection law, please submit a request to us by one of the following methods:
Calling us toll free at 888-424-5241
E-mailing us at privacy@coachupcare.com
Submitting a request through our web form.
Verification: We must verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process. We will only use Personal Information provided in a request to verify the requestor’s identity. If you are an authorized agent making a request on behalf of a California consumer, we will also need to verify your identity, which may require proof of your written authorization or evidence of a power of attorney.
We endeavor to respond to requests within the time period required by applicable law. If we require more time, we will inform you of the reason and extension period in writing.
We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us.
We may deny certain requests, or only fulfill some in part, as permitted or required by law. For example, if you request to delete Personal Information, we may retain Personal Information that we need to retain for legal purposes
This Privacy Notice is available to consumers with disabilities. To access this Privacy Notice in an alternative downloadable format, please click here.
Appeals: If you are not satisfied with the resolution of your request and you are afforded a right to appeal such decision, you will be notified of our appeal process in our response to your request.
CHANGES TO THIS PRIVACY NOTICE
Please note that we may modify or update this Privacy Notice from time to time, so please review it periodically. We may provide you with an updated Privacy Notice if material changes are made. Unless otherwise indicated, any changes to this Privacy Notice will apply immediately upon posting to the Services.
CONTACT US
If you have any questions about our practices or this Privacy Notice, please contact us at privacy@coachupcare.com. You may also write to us at: 200 Central Ave 4th Floor, St. Petersburg, FL 33701.