Petsuite Privacy Policy
v1.0
Revision Date: November 28, 2017
 
We respect your right to privacy and will only process your personal information in accordance with applicable data protection and privacy laws.
 
In this Privacy Policy, "we," "us," "its" and "our" refer to Optimized Aspects, LLC, dba Infuse, ("Infuse"), organized under the laws of Ohio, USA. Please read carefully this Privacy Policy ("Policy") relating to your use of Petsuite applications, services and websites.
 
By using the services, sites and applications we control, you consent to:
  • the collection and use of personal information and data as set forth in this Policy;
  • the use of cookies (as explained below);
  • emails sent to you for account management purposes; and
  • emails (of which you may opt-out at any time) sent to notify you of promotions and other activity.
 
Infuse complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Infuse has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
 
A. Introduction
 
This Policy explains how Petsuite collects, stores, uses and discloses information from you when you use Petsuite products, services, mobile applications and websites. This Policy applies to users of the Petsuite "Platform", defined as the services, APIs, and functionality we make available either through the Petsuite app, Petsuite Loyalty app, or the Petsuite Web Portal, via servers under our control, or through third party sites that utilize our services and functionality. This Policy does not apply to websites, applications, or services that do not display or link to this Policy or that display or link to different privacy statements; nor does this Policy apply to practices of companies that we do not control or to people we do not employ or manage.
 
By downloading or using the Platform, you expressly consent to our collection, storage, use and disclosure of your personal information and non-personal information as described in this Policy and to all other terms herein.
 
You may lose anonymity once you give us personal information about yourself, and by doing so, you agree to the collection, transfer and storage of that information to our servers and to the terms of this Privacy Policy.
 
B. Information Collected
 
We collect information about you in various ways when you use our Platform and as set forth in the End User License Agreement. Some of this information may be Personal Data about you. As used in this Policy, "Personal Data" means any information (either alone or in combination with other information we hold) that specifically identifies you as an individual, such as your name, address and physical location, email addresses, or telephone numbers.
 
As well as Personal Data, we also collect some information that is not personally identifying, including aggregate information, which is data we collect about use of the Platform or about a group or category of users from which it has never been or is no longer possible to identify you (“Nonpersonal Data”; together with Personal Data, collectively "Information").
 
Personal Data
 
When you subscribe to the Platform, and in the course of your use of the Platform, we may collect the following Personal Data: your name, email address, any profile or biographical information you elect to provide, company details, and any personally identifying information to the extent revealed in your Content (as that term is defined in the Petsuite End User License Agreement).
 
Nonpersonal Data
When you use our Platform, we automatically collect Nonpersonal Data sent to us by your computer, mobile device or other access device, such as a device ID or unique identifier, device type, model and brand, geo-location information, computer, network and connection information, internet protocol (IP) address, access times, operating system and browser version, type and language, and the website you visited before our Website. We also collect Nonpersonal Data about your usage and activity on the Platform. This Policy does not restrict or limit our collection and use of Nonpersonal Data.
 
Cookie Policy
 
We may automatically collect Information using cookies or local storage ("cookies") which are small files placed on your hard drive or device storage that may uniquely identify your browser or device and collect certain Information about you. Among other things, cookies help us analyze our web page flow, customize our Platform, measure promotional effectiveness, and promote trust and safety. The Platform relies on cookies to store your data on your device between uses.
 
We may additionally collect Information using pixel tags, web beacons or other web site usage tracking technologies. Web beacons (also known as "tracking pixels") are electronic images that may be used in the Platform, our website, or in emails that we send to you. Amongst other things, we use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon. Such devices are used to collect Nonpersonal Data, such as the identity of the applicable internet service provider, the IP address of the user’s personal computer, the type of browser software and operating system in use, the date and time of site access, the website address, if any, from which the user linked to the Website and other similar traffic-related information. We also may aggregate such information with similar data collected from other users. However, we do not use such data to create or maintain Personal Data about you.
 
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove or reject cookies, this could affect certain features of our Platform. For further information about cookies, including how to refuse cookies, please visit www.allaboutcookies.org.
 
Explanation of cookie types:
 
Functional - these cookies are necessary for the Website or Platform to function properly.
Analytical - these cookies allow us to understand how visitors use our Website and Platform, so we can measure and improve how the Website and Platform work.
Duration - cookies may be session-only, in which they expire at the end of each Website or Platform session, or may expire at a certain date.
 
Do Not Track Disclosure
 
We do not respond to Dot Not Track requests in the Platform and our websites. We do not engage in the collection of Personal Data from users across third party sites or applications. We do allow other parties to collect your Personal Data about your online activities over time and across different Web sites or services when you use the Platform, but only in accordance with this Policy, including the EU-US Privacy Policy below.
 
Services via Third Party Sites and Platformlications
 
We may provide Services functionality via or to third party sites, services or applications. In such context, we collect Information as described in this Policy. Any Information that may be collected by such third parties is subject to such third parties' policies and practices, over which we exercise no control. We will not be liable for the acts and omissions of such third parties or for any loss of privacy, use or control of data caused by such third parties. You must contact such third parties for any requests, questions or concerns you may have regarding your Information collected.
 
C. Our Use of Information
 
We may use and provide data and information to our partners and customers for commercial purposes after we have removed your name or any other personally identifying information from it, or have combined it with other people's data in a way that it is no longer associated with you. We use Information collected through our Platform for the purposes and as described in this Policy, as disclosed to you on our Platform, as needed to carry out the Platform, and as set forth in the End User License Agreement. We may also use your Information to:
 
(i) operate, maintain, customize, measure and improve our Platform, and to fulfill the purposes disclosed when you provided your information to us;
 
(ii) respond to your comments and questions and provide the Platform and customer support you request;
 
(iii) resolve disputes, collect fees, enforce our terms and policies, and troubleshoot problems;
 
(iv) understand you and your preferences to enhance your experience and enjoyment using our Platform;
 
(v) communicate with you about new events, offers and other news about our products and services offered by us and our selected partners; and
 
(vi) send you Platform-related information, including confirmations, invoices, reminders, technical notices, updates, security alerts and support and administrative messages.
 
We also may combine your Information with information we collect from other sources to improve our products and services.
 
Further, we may use Personal Data to respond to legal requirements, in connection with a merger, sale of assets, or other similar corporate transactions, to respond to claims that content violates the rights of others, or to protect the rights, property, or safety of any person.
 
If you reside in the European Union, Switzerland, Norway, Lichtenstein or Iceland, and are protected by European data protection requirements, we will treat your personal information in compliance with our EU-US Privacy Policy (below).
 
D. Sharing Information
 
We do not disclose, sell or rent your Personal Data to third parties for their marketing purposes without your prior consent. If you do consent but later change your mind, you may contact us and we will cease any such activity.
 
We only share your Personal Data as follows:
 
(i) at your direction and control via your normal and intended operation of the Platform, or with your consent, for example, when you agree to our sharing your Personal Data with other selected third parties for their own marketing purposes subject to their separate privacy policies;
 
(ii) with our affiliated entities, and with our service providers, consultants or similar contractors, or third parties, who provide services or content in connection with our Platform in order to support or enhance our products and services or our business operations, or to make available and consummate initiated transactions. Such third parties' processing and use of Personal Data will be subject to security and confidentiality obligations consistent with this Policy and applicable law;
 
(iii) in an aggregated and/or anonymized form which cannot reasonably be used to identify you;
 
(iv) to comply with laws or respond to lawful requests and legal process or to enforce or apply our terms of use/service, license terms, or other agreements between us, and to protect the rights, safety and property of Infuse, our agents, employees, customers, members, and others; and
 
(v) under written obligations of confidentiality, in connection with or during negotiation of any a merger, financing, acquisition, or dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company.
 
We may also share and disclose Nonpersonal Data, e.g., by publishing a report on trends in the usage of its Platform.
 
E. No Guarantee of Security
 
We take all reasonable steps to help protect your Personal Data in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Measures taken to ensure security of your Personal Data may include, but are not limited to:
 
  • transmission of all data over industry-standard secure connections (e.g., HTTPS);
  • controlled access to data, through measures such as following National Institutes of Standards and Technology Digital Identity Guidelines, available only to the development team and support personnel;
  • sharing of data only with trusted and verified third parties, such as error logging, crash reporting, and user analytics services;
  • storage of the app signing key and keystore used to verify app versions in secure data storage accessible only to the development team; and
  • maintenance and monitoring of the system using anonymized crash data and user analytics.
 
However, no one can create a completely secure website, app or service and third parties may unlawfully intercept, steal or access transmissions or private communications. Therefore, we cannot guarantee that your Information or private communications that you transfer over the internet to us will always be secure or remain confidential. We are not liable for any loss, damage or claim arising out of another person's use of the data where we were authorized to provide that person with the data. If you suspect any misuse or loss of, or unauthorised access to, your data, you should let us know immediately.
 
F. International Transfers
 
We may process Information on servers located in a number of countries. Accordingly, we may share Information with our affiliated companies for such companies to carry out any of the activities specified in this Policy. We may also subcontract processing to or share Information with third parties located in countries other than your home country. Information collected within the European Economic Area and Switzerland may be transferred to, and processed by our affiliates or other third parties identified above that are located in a country outside of the EEA and Switzerland. However, we will only process your information as described in this Policy in every country. We will not disclose an individual's data to any entity outside of the EEA and Switzerland that is in a jurisdiction that does not have a similar regime to the 1998 Directive on Data Protection or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of the EEA and Switzerland will not be made until that entity has agreed in writing with us to safeguard data as we do.
 
G. Children
 
The Platform is not directed at or intended for children under thirteen (13) years of age, and we do not knowingly collect Personal Data from such children. If you believe that we might have any Personal Data from a child under 13 years of age, please contact us at contact+Petsuite@infuse.us.
 
H. Policy Changes
 
We may amend this Policy from time to time. If we make any changes to this Policy, we will post the amended terms, change the "Revision" date above, and where appropriate, notify you by email.
 
I. Your Information and Choices
 
You have the right to ask us not to process your Personal Data for marketing or promotional purposes. We will inform you (before collecting your data) if we intend to use your Personal Data for such purposes or if we intend to disclose your Personal Data to any third party for such purposes. You may also opt out of receiving promotional emails from us by following the instructions in the emails themselves or via email sent to contact+Petsuite@infuse.us. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.
 
You can review and change your Personal Data by contacting us at contact+Petsuite@infuse.us. You should promptly update your Personal Data if it changes or is inaccurate. You also may send requests about your contact preferences, to request a review of the Personal Data we have about you, and to request that we update or correct any out-of-date or incorrect Personal Data we have about you (to the extent of Personal Data we have not already made available to you for your own review, modification, or deletion). Upon receipt and process of a reasonable opt-out request, we will, within a commercially reasonable period of time, comply with such request to the extent reasonable. Note that requests to terminate disclosure to third parties may frustrate or render impossible our ability to provide the Platform or conduct transactions initiated by you.
 
We retain Personal Data from closed accounts, if and to the fullest extent permitted by applicable law, including in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our agreements and policies, and take other actions otherwise permitted by law or as specified elsewhere in this Policy.
 
J. Questions
 
If you have any questions about this Policy, please contact us at contact+Petsuite@infuse.us.
 
EU-US PRIVACY POLICY
 
This EU-US Privacy Policy explains how we adhere to the privacy principles of the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework with respect to transfers of personal information from the European Union, as well as Norway, Lichtenstein and Iceland (collectively, "EU"), and from Switzerland, to the United States. We are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
 
The United States Department of Commerce and the European Commission have agreed on a set of Privacy Shield Principles and Supplemental Principles, to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States (the "EU-US Privacy Shield"). The EU also has recognized the EU-US Privacy Shield as providing adequate data protection. The United States Department of Commerce and the government of Switzerland have agreed on a similar set of Privacy Shield Principles and Supplemental Principles, to enable U.S. companies to satisfy the requirement under applicable Swiss law that adequate protection be given to personal information transferred from Switzerland to the United States (the "Swiss-US Privacy Shield").
 
We comply with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles.
 
A. Scope
 
This EU-US Privacy Policy applies to all personal information received by us in the United States from the EU and from Switzerland, in any format, including electronic, paper or verbal.
 
B. Definitions
 
For purposes of this Policy, the following definitions will apply:
 
•           “agent” means any third party that collects or uses personal information under our instructions and for us, or to which we disclose personal information for use on our behalf.
 
•           “personal information” and "personal data" means any data, information or data/information set(s) that identifies or could be used by or on behalf of us to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.
 
•           “sensitive personal information” means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, views or activities, that concerns health or sex life, ideological views or activities, information on social security measures or benefits, or information on criminal or administrative proceedings and sanctions other than in the context of pending proceedings. In addition, we will treat as sensitive personal information any information received from a third party where that third party treats and explicitly identifies the information as sensitive within the same meaning as used here.
 
C.  Privacy Shield Principles
 
The privacy principles in this EU-US Privacy Policy have been developed based on the Privacy Shield Principles and Supplemental Principles. For purposes of these principles and this section C, the term "EU" includes Switzerland.
 
(i) Notice. Where we collect personal information directly from individuals in the EU, we will inform such individuals about the purposes for which we collect and use personal information about them, the types of non–agent third parties to which we disclose that information, the choices and means, if any, we offer individuals for limiting the use and disclosure of personal information about them, and how to contact us. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information, or as soon as practicable thereafter, and in any event before we use or disclose the information for a purpose other than that for which it was originally collected.
 
Where we receive personal information from our subsidiaries, affiliates or other entities in the EU, we will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
 
(ii) Choice. We will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose that is materially different than the purpose for which it was originally collected or subsequently authorized by the individual.
 
For sensitive personal information, we don't solicit such information and there's no need to disclose such information in order to use the Service. If we elect in the future to solicit such information, we will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of such solicited information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
 
We will provide individuals with reasonable mechanisms to exercise their choices.
 
(iii) Data Integrity. We will use personal information only in ways that are compatible with and relevant to the purposes for which it was collected or subsequently authorized by the individual. We will take reasonable steps to ensure that personal information is reliable to its intended use, accurate, complete, and current. We will remain compliant for as long as we retain personal information. Personal information will be retained in a form identifying or making identifiable an individual only for so long as necessary to process such information, subject to our right to retain such information for longer periods for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research, and statistical analysis.
 
(iv) Accountability for Onward Transfer. To transfer personal data to an agent, we will: (a) transfer such data only for limited and specified purposes; (b) ascertain that the agent is obligated to provide at least the same level of privacy protection as is required by the Privacy Shield Principles; (c) take reasonable and appropriate steps to ensure that the agent effectively processes the personal information transferred in a manner consistent with our obligations under the Privacy Shield Principles; (d) require the agent to notify us if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles; (e) upon notice, including under (d), take reasonable and appropriate steps to stop and remediate unauthorized processing; (f) provide a summary or a representative copy of the relevant privacy provisions of its contract with that agent to the Department of Commerce upon request; and (g) enter into enforceable contracts with agents consistent with this Policy.
 
We will undertake to obtain assurances from our agents that they will safeguard personal information consistent with this Policy. Examples of appropriate assurances that may be provided by agents include: (g) a contract obligating the agent to provide at least the same or substantially similar level of protection as is required by the relevant Privacy Shield Principles, (h) such agent being certified as Privacy Shield Principles-compliant, (i) such agent being subject to the EU Data Protection Directive, or (j) such agent being subject to another EU or Swiss adequacy finding (e.g., companies located in Canada). Where we have knowledge that an agent is using or disclosing personal information in a manner contrary to this policy, we will take reasonable steps to prevent or stop such use or disclosure.
 
(v) Access and Correction. Upon request, we will grant individuals reasonable access to personal information that it holds about them. In addition, we will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete, or that has been processed in violation of the Privacy Shield Principles, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated.
 
(vi) Security. We will take reasonable and appropriate measures to protect personal information in our possession from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and nature of the personal data.
 
(vii) Enforcement. We will conduct compliance reviews of our relevant privacy practices to verify adherence to this EU-US Privacy Policy and appropriate employee and agent training as necessary. Any employee or agent of ours that we determine is in violation of this policy will be subject to disciplinary action up to and including termination of employment or service. We will be responsible if our agent processes personal information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.
 
(viii) Dispute Resolution. Any questions or concerns regarding the use or disclosure of personal information should be directed to the Infuse Privacy Agent at the address given below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information by reference to the Privacy Policy and this EU-US Privacy Policy in an expeditious manner, and at no cost to the individual.
 
In compliance with the Privacy Shield Principles, we commit to resolve complaints amicably about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact the Infuse Privacy Agent, contact+Petsuite@infuse.us.
 
We have further committed to refer unresolved Privacy Shield complaints to JAMS (jamsadr.com), an alternative dispute resolution provider located in the United States, which serves as our third-party dispute resolution provider for Privacy Shield Principles-related disputes. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you.
 
Individuals may submit to JAMS complaints on an individualized basis (and not purporting to be acting in a representative capacity or on behalf of a class). No damages, fees, or other remedies are available. Arbitrators will have the authority only to award individual-specific non-monetary equitable relief (such as access, correction, deletion, or return of the individual data's in question). Each party will bear its own attorneys fees, subject to the rules of JAMS.
 
Arbitration may not be invoked and is not available if the individual’s same claimed violation of the Privacy Shield Principles: (a) has previously been subject to binding arbitration; (b) was the subject of a final judgment entered in a court action to which the individual was a party; or (c) was previously settled by the parties. In addition, arbitration is not available if an EU Data Protection Authority: (d) has authority under sections III.5 or III.9 of the Privacy Shield Principles; or (e) has the authority to resolve the claimed violation directly with us.
 
D. Limitation
 
Adherence to this EU-US Privacy Policy is limited to the extent (i) required to respond to a legal or ethical obligation; (ii) necessary to meet national security, public interest or law enforcement obligations; and (iii) expressly permitted by an applicable law, rule or regulation. We may disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
 
E. Privacy Policy
 
We recognize the importance of maintaining the privacy of information collected online and via applications, and have created the Privacy Policy (of which this EU-US Privacy Policy is a part) governing the treatment of personal information collected through web sites and applications that we operate. The Privacy Policy reflects additional legal requirements and evolving standards with respect to privacy, and in fact, we utilize this Privacy Policy in facilitating adherence to the Privacy Shield Principles. As such, this EU-US Privacy Policy and the Privacy Policy should be construed harmoniously wherever possible; however, with respect to personal information that is transferred from the EU or Switzerland to the US, the Privacy Policy is subordinate to this EU-US Privacy Policy.
 
F. Contact Information
 
Questions or comments regarding this policy should be submitted to the Infuse Privacy Agent via e-mail to contact+Petsuite@infuse.us.