Last Updated and effective as of: January 4, 2018
We may collect Personal Information, including Personally Identifiable Information, and other information that you submit to us, or that is provided by third parties, or that we collect while you or others use our Web site or Service. This could include, for example but without limitation, first and last names, e-mail addresses, street addresses, telephone numbers, photos, comments and messages, your submitted Provider profile, and, if business is transacted, financial information such as payment method (e.g. credit card number, type, expiration date and other financial information).
We use Personal Information in our efforts to provide, maintain, protect, improve, develop, administer and communicate about the Web site and Service, and to protect us, our Users, Providers/Members, and/or members of the public. We may also use Personal Information for other functions as may otherwise be described at the time of collection.
Categories of third-party persons or entities with whom we may share Personal Information, including Personally Identifiable Information, include Providers/Members, Users, payment gateways/processors, banking institutions, credit card companies, legal professionals, government agencies, investigative agencies, professional licensing boards, law enforcement, post office, Internet Service Providers, e-mail providers, other service providers, vendors, consultants, Internet search engines, researchers, the public at large, and others.
You agree that we may disclose any content or information, including, without limitation, Personal Information, publicly or otherwise, if you post it on our Web site or through the Service; or if it is in the public domain; or if it is previously published information; or if it is or ever was submitted to us, our Web site or Service for actual or potential publication or disclosure, whether or not the intended, potential or actual audience is or was general or limited (including, without limitation, the contents, in whole or in part, of any submitted advertisement, any “hidden” content or information and any content or information made available by a direct link); or if it’s your Personal Information and you authorized us or any other party to disclose the information to the recipient or the public.
We (and third parties authorized by us to work on our behalf) may also disclose Personal Information to third parties in our efforts to:
– respond to or comply with subpoenas, court orders or other legal process or with legal requirements imposed by Federal, State or Local law or authorities;
– respond to or comply with a request for cooperation from a government, law enforcement, or investigative authority;
– enforce the Terms of Service;
– investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing, actual or potential;
– respond to claims that any content violates the rights of third-parties;
– detect, prevent, or otherwise address fraud, security or technical issues;
– fulfill or process orders and/or transactions;
– manage our business;
– discover or verify information, eligibility and/or qualifications;
– bill for purchases and donations and collect debts;
– communicate with you, provide customer service or respond to complaints or requests for customer service;
– protect the rights, property, personal safety and/or welfare of MassageAnywhere.com, its Users, Providers/Members and/or members of the public.
We may also disclose Personal Information to third party businesses or persons, including, without limitation, to consultants, experts, third party vendors and service suppliers, to store, analyze, transmit or process it for us or to assist us with administration of the Web site or Service or help manage our business. For example, without limitation, we may use third-party commercially available Internet service, payment processing, e-mail, voicemail, telecommunication, research, shipping and other third party service providers for transmission, processing, analysis, discovery and/or storage of Personal Information.
We may also disclose Personal Information to our subsidiary and parent companies and businesses, and other affiliated legal entities / businesses with whom we are under common corporate control.
We may also disclose Personal Information to third parties in the event of a reorganization, merger, sale, joint venture, consolidation, acquisition, assignment, transfer or disposition of all or a portion of our business, assets, equipment or operations (including without limitation in connection with bankruptcy or any similar proceedings). However, databases containing credit/debit card account numbers or credit/debit card transaction information may not be sold or disclosed to a third party as an asset upon a bankruptcy, insolvency or failure of the Company’s business.
We may also publicly disclose, without limitation, (i) Member names, active and inactive, past and present; (ii) Member status of current and former Members; (iii) dates/times of activities on the Web site and Service, including dates/times when Member’s profile page was updated.
We may also disclose your Personal Information to you.
Non-Confidentiality. You agree that, to the fullest extent permitted by law, (i) your use of or decision to use the Web site or Service (including, without limitation, to access, post or submit any Content or information on or to the Web site or through the Service) does not create any obligation of confidentiality on our part, including, without limitation, with regard to you, your Content and information; and (ii) we will not be liable for any access to, use or disclosure of any Content or information that you access, post, submit or provide. We are not your confidant and, to the fullest extent permitted by law, we are not the protector of your privacy or information.
You and not really you. You agree that it is difficult to verify identity online, and you agree that we (and the Service) may, at our option, without requirement of further verification, freely treat as you, without limitation, (a) any party, authorized or unauthorized, apparently using, answering, connected with or responding via any e-mail address, telephone number, URL or other contact detail that you (or who we or the Service might think or believe is you) registered or maintain in connection with your Web site account or the Service; (b) any party actually or apparently responsible for, or seemingly having close knowledge of any financial transaction that was previously submitted in connection with your Web site account or your use of the Service; and (c) any party that used or is using your Web site account or Friends token.
No promise or guarantee. We cannot and do not promise, warrant, ensure or guarantee anyone’s privacy or the security or privacy of any content or information, including, without limitation, any content or information stored on the Web site and/or transmitted to, from or through the Web site and/or Service. Your privacy and the security of content and information can be breached lawfully or unlawfully in many ways, including, without limitation, by agents of the government, by a telephone or cable company, by an Internet service provider (ISP), by a hacker or other criminal forces, by rogue or malevolent employees, by malfunction, by human ignorance or error, and by forces unknown or overlooked. In any case, you use the Web site and Service at your own risk and accept and bear the risks to the fullest extent permitted by law.
If you register as a Provider. If you register as a Provider, you agree to provide us with and maintain your Member name, password and e-mail address, as well as your Provider ad/profile information such as name, location, contact information and other details of your choosing for so long as you remain a Member.
If you make a donation or register as a Friend. Donation or registration as a Friend may require that you provide us with your valid e-mail address. We may use the e-mail address you provide to us for identification purposes and to register you as a Friend and to contact you for purposes in connection with your status as a Friend.
If you otherwise volunteer information. Some examples:
However, in any event, even though some features of the Web site may offer some privacy controls, which may reflect a measured interest by us to help protect privacy, you agree that if you post/submit or otherwise volunteer any Personal Information or any other information, you are officially surrendering its privacy with no promise or duty of confidentiality from us.
Removed vs. hidden. When you use a Web site-provided option to “hide” or not publish your profile/ad/reviews and/or other submitted information, your submitted information may be generally hidden from public view but remain on the Web site available for you to view and/or edit if/while you are logged in to your account. However, while your hidden information might be generally hidden from public view, we may still categorize, count or otherwise confirm the existence of your hidden information for so-called “anonymous” or aggregated presentation to the public in our search result summaries (e.g. “An additional 1 profiles are currently hidden by the providers.”) and for other purposes. Consequently, unless and until you resign your membership (if you are a Provider) and surrender your Friends token (if you have a Friends token) by said Web site link/method, public searches of our database for your information (including, for example and without limitation, for your Member name, e-mail address, Friends key, and/or for particular names, words, keywords, addresses or numbers in your hidden or viewable profile/ad or reviews) may be scored as a potential match and reported accordingly to the public, and that might in effect confirm to the public, implicitly or otherwise, your registration, profile, ad or review’s existence in the database and/or other details, even if your actual ad/profile, reviews, e-mail address and/or other details are hidden and not actually displayed per se to the public.
More broadly, like anything that is hidden, your hidden profile/ad and other hidden information might at some time somehow be found by others, whether by accident, error or otherwise, despite your and/or our attempts and wishes. Indeed, if you hide your profile/ad or other information, there is always the possibility (likely or not) that some part(s) of your hidden profile/ad or other hidden information, which might include Personal Information, might somehow be discovered and perhaps disclosed or transmitted to, viewed or used by third parties. Likewise, even when content is “removed” from the Web site (rather than merely “hidden”), the content is not necessarily physically destroyed at the time of said or apparent removal but may continue to persist on the server and/or elsewhere in backup or other copies for some indefinite period of time until those backup and other copies are truly and irrecoverably removed, i.e. physically destroyed beyond recovery. By using the Service, you accept and bear all risks. Accordingly, you understand and agree, to the fullest extent permitted by law, that (1) you, not we, are responsible for any and all Content (including, without limitation, any Personal Information) that you post or have posted or otherwise submit or have submitted to or through the Web site or Service or to us, including, without limitation, for its maintenance, security, confidentiality and integrity, in whatever form, manner or degree that such Content (or its derivatives) may exist or persist on the Web site or elsewhere, and for so long as it may so persist or exist, even if your access to it is or becomes limited or blinded; (2) we are not responsible for its maintenance, security, confidentiality or integrity; and (3) we may, at our option at any time, consider any actual or potential third-party access, acquisition, transfer, viewing, interception, change or compromise of that data, to have been authorized by you and not a breach of the security of our system, whether that data was/is labelled “private”, “hidden”, “removed” or however.
Communications with you. We, or others on our behalf, may contact you, by e-mail or otherwise, with: (1) confirmatory e-mails, for example, without limitation, when you register for or resign your membership or make a purchase or donation or cancel future billings; (2) notices and matters pertaining to your account or use of the Web site or Service; (3) e-mails received and forwarded from the public at-large in response to your ad or in response to your response to an ad, including e-mails which may be of a commercial nature; (4) notifications pursuant to our Provider Review System and Policy; (5) billing and compliance issues; and (6) occasional news and/or commercial promotions. We are not responsible for communications you may receive from the public in response to your ad or otherwise.
Cookies. We may create, collect, store, use, disclose and/or require browser cookies in connection with various features of the Web site and Service. Many browsers may be pre-configured to automatically accept cookies, although you can usually modify your browser settings to decline cookies. However, if you choose to decline our cookies, please note that you may not be able to register for, login or use some of the interactive features offered on the Web site and/or some features may not function properly. For full functionality, your browser needs to accept and return our cookies. We may use methods such as encryption to help protect our cookies from unauthorized use and abuse, but you understand and accept that there is always a risk.
Some features of our Web site may provide you with a “remember me on this computer” option. If you choose such an option, a persistent cookie may be saved on your computer which may enable you (and anyone else who uses your computer) to access those features of our Web site without having to log back in. This may be a convenience for you, but for your privacy and security, and because a cookie may contain your username, password, e-mail address and/or other Personal Information or identifier, you should not use a “remember me on this computer” option if you share your computer with other people or if your computer is not physically or otherwise protected against unauthorized access. Persistent cookies may remain on your computer until they expire or until you clear them in your browser, or even later depending on your browser and computer design.
Web beacons. We may use or include images or other “web beacons” on or from our Web site, in external advertisements, in e-mail messages and/or in other notices to you to ascertain viewing, effectiveness or contact.
Local storage. We may collect and store some information (including some of your Personal Information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
IP addresses. An Internet Protocol (“IP”) address is a number automatically or otherwise assigned to your computer or network whenever you access the Internet. Computer identification on the Internet is widely conducted using IP addresses, special numbers that allow computers and servers to recognize and communicate with each other. We may collect, store, use, share and disclose IP addresses for computer identification and communication purposes, and for other purposes, including, without limitation, to conduct system administration, to report aggregate (not personally identifiable) information to sponsors and advertisers, to conduct Web site analysis, and to protect against fraud, spam, malware and abuse. IP addresses may also assist with initial prefilling of location/city/ZIP code fields. If a visitor requests pages from the Web site, the Web site servers may enter the visitor’s IP address into system logs. If you visit or view content on a third-party web site, or contact a person by e-mail or other means (such as a message forwarding feature, e.g. “Send An E-Mail” Web site form), you understand and agree that your (your computer’s) IP address may be transmitted to that third party or person. And, of course, whenever computer communication to/from your IP address occurs, your IP address may be shared with various known and unknown parties across and along the Internet as the communication travels to/from you. Please remember, by using the Web site or Service, you may be sharing your IP address with any third parties with whom you / your browser interfaces online, and you and your interfaces with third parties are subject also to the respective third parties’ privacy policies and practices, for which we are not responsible.
IP blocking. You understand and agree that there is no guarantee of any kind that any IP blocking feature will successfully stop or prevent information from reaching any particular IP address. It is always possible that information could be delivered by an alternate route beyond the IP blocking feature’s knowledge and/or capabilities, and we will not be responsible for any blocking failure.
Service monitoring / interception / logging / analysis. You authorize us, our agents and any third parties that we may so authorize, to lawfully monitor, intercept, log, record, store, collect, scan and/or analyze any and/or all communications (including, without limitation, any wire, electronic and/or oral communications), transmissions, messages, e-mails, content, data, information and files, whether incoming or outgoing, in transit or in storage, private or public, that are (or that are offered or attempted to be) transmitted, received, communicated, e-mailed, forwarded, accessed, stored, held, collected, used, discarded, disclosed or processed by, from, to, on or through our Web site, Service, facilities, servers, computer systems and/or networks, as we deem necessary, appropriate and/or permissible, to the fullest extent permitted by law, to include, as permissible by law but otherwise without limitation, for (i) performance purposes; (ii) to conduct Web site analysis; (iii) to moderate services; (iv) for contact mitigation (e.g. PervGuard™, PrudeGuard™, etc.); (v) to provide tailored services/features and/or tailored advertising; and/or (vi) to detect and/or protect against spam, malware, fraud and abuse. You authorize us and our automated systems to analyze all Content, communications and uses of our Web site, Service, facilities, servers, computer systems and/or networks, (including, for example, e-mails and messages), to the fullest extent permitted by law. This analysis may occur, for example, as the content or communications are sent and/or received and/or when and/or while they are stored.
When you access or otherwise interact with the Web site or Service, your computer or browser may automatically report, and we may receive, collect, log and store information including, but not necessarily limited to, the date and time, your Internet Protocol (“IP”) address, the type of browser you use (e.g., Firefox, Chrome, Internet Explorer), the type of computer operating system you use (e.g., Microsoft Windows or Mac OS), the content of any undeleted cookies that your browser previously accepted from us, referring / exit pages and URLs, how you interact with links on/to the Service, domain names, landing pages, your web request and details of how you use the Web site or Service (such as your search queries, pages viewed, content accessed, etc.) and other information. Similarly, if you contact us by phone or FAX or leave a voicemail message, telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, etc may be received, collected, logged and stored. For quality assurance purposes, we may record telephone calls between you and us. If you access the Service using a GPS or other location-reporting device, we may collect and process your reported location, as may be enabled by you / your device. We may analyze, use and maintain records of any information that we transmit, receive or collect.
Behavioral advertising and multi-site data collection. It is not our intent or desire to facilitate or participate in any third-party behavioral-based advertising or third-party multi-site data collection program, i.e. where some third party collects or is given information about your (or your computer’s / device’s) Internet usage over time so that they or others can use such information for their own ulterior or other purposes, such as to advertise products and services to you that a third party thinks might interest you, or for other purposes which may be more or less benign than advertising. However, because our Web site may include hyperlinks and use third-party interfaces for various purposes, including, without limitation, for Internet access, maps, geographic aids and payment processing, and similarly because you are likely using third-party software on your computer or mobile device (e.g. browsers, tool bars and other applications) and also using third-party Internet service, it is a possibility that third parties could monitor or collect some history of your visits to pages on our Web site for behavioral-based advertising and/or for other purposes. If this is of concern to you, you can consider visiting the Digital Advertising Alliance’s (“DAA”) Consumer Opt-Out Page for additional information about some choices you may have, but this should not be construed to mean that we sponsor or endorse their approach or service or that it will fully address your concerns.
Browser “Do Not Track” and other third-party privacy mechanisms. We do not provide or enable any additional privacy if you use (or don’t use) Web browser “Do Not Track” signals or other third-party mechanisms by which you might signal choices regarding the collection of personally identifiable information. However, because of the way that your browser and/or another third party might implement such mechanisms, your use (or nonuse) of such mechanisms might affect your privacy and/or ability to use the Web site with respect to third parties with whom you, your browser and/or the Web site may interface. We are not responsible for the consequences, if any, of your use (or nonuse) of such mechanisms, and your use (or nonuse) of such mechanisms is at your own risk and discretion.
Third Parties in general. Because the Web site and Service may interface with third-party services, it’s possible that third parties may collect personally identifiable information about your online activities over time and across different web sites or that your interfaces with third parties may have undesired and/or unexpected consequences. You understand and agree that even though MassageAnywhere.com may exercise a level of control over the selection and/or use of some parties and services, MassageAnywhere.com does not warrant, is not responsible for, and exercises no authority or control over the privacy practices, policies, procedures, actions and/or omissions of contracted and third-parties, and you accept and bear all associated risks.
Third-Party Indexes. Information shared publicly or otherwise available on our Web site may be indexable by third-party search engines such as Google®, Bing®, Yahoo® and others, which we do not control.
Not for children. The Terms of Service do not authorize use of the Web site or Service by children. We do not knowingly collect personal information from children, and the Web site and Service are not oriented toward children nor are children targeted as an audience or screened from using the Web site or Service.
|Security. We have implemented (limited) security measures to help prevent the loss, misuse and alteration of information under our control. Although the Web site forms designed by us specifically for your submission of financial payment information are intended to support a level of Transport Layer Security (TLS) or Secure Socket Layer (SSL) encryption of your financial information as it travels across the Internet from you to our payment gateway, Branded Payment Forms are ultimately third-party forms, and the privacy and security provided by such forms, your computer and browser are outside our control. We endeavor to not store restricted financial information (i.e. credit/debit card numbers, credit/debit card security codes) on our servers, or if necessary, to store it in encrypted form to the extent required by law. In any case, we cannot and do not guarantee, ensure or warrant the security of any information. There simply is no guarantee that information cannot be accessed, disclosed, misused, altered or destroyed, whether by breach of physical, technical or managerial safeguards or for/by any other cause or reason.
By using the Web site or Service, you consent to having your Personal Information transferred to/from, processed, stored and/or maintained on third party computer networks, servers or systems that are not under our physical control, that may be insecure, non-private, and/or located inside or outside the United States and/or outside the state, province, country or other governmental jurisdiction in which you reside. The country or jurisdiction in which such computer networks, servers or systems are located may not have privacy laws as protective as the laws in your country or jurisdiction.
Of particular note, data and transmissions, including (without limitation) those which may contain Personal Information, to include, without limitation, any e-mail, e-mailed receipt, FAX, voicemail, “Contact Us” message, etc, whether sent to or by you or anyone else, even if otherwise described or advertised as “private” are not ensured or warranted to be encrypted, private or secure. For example, without limitation, you understand and agree that we may use third-party commercially available Internet service, payment processing, e-mail, voicemail, telecommunication, research, shipping and other third party service providers for transmission, processing, analysis, discovery and/or storage of data, including Personal Information, including e-mails and/or other data that you or another party may have requested or desired to be “privately” forwarded or maintained.
Opt-out. If you are a Provider, you can edit your ad/profile to control your publishable information and/or opt to not participate in e-mail/message forwarding or the Provider Review System. You can also resign your membership (if you are a Provider) and surrender your Friends token (if you have a Friends token). These “opt-out” features are available as updates by you to your Provider profile/ad, and are available only to the extent that the Web site and Service permit, and such features and your use thereof are subject to any additional restrictions otherwise imposed or permitted by the Terms of Service.
Correction / update / removal. If you posted Personal Information to our Web site, you may be able to correct, update or remove it as follows, to the extent that the Web site and Service permits and subject to any additional restrictions otherwise imposed or permitted by the Terms of Service. If you are a Provider/Member, you may update your registration information, ad and photos, and attend to your reviews by logging in, choosing the appropriate Web site option and completing the update process accordingly. If you have lost the password to your account and you are unable to retrieve or reset your password through the means we provide, you may be unable to correct, update or remove information. If you resign your membership, your Member account, ad, photos and reviews may no longer be published by you and may subsequently be removed from the system. If you are a User, you may amend or delete, through a feature provided on the Web site for the purpose, any currently published review that you previously submitted, with your use of the password you previously selected when you initially submitted the review. However, if you did not previously select a password for the review or you have forgotten it (or we’ve disabled it), or the review is not currently published, or you’re otherwise not able or not authorized to use the Web site or Service, then you may not be able to correct, update or remove the previously submitted review. If you are a Friend, you may change your Key, e-mail address and photo and the extent to which you make those items available to others via our Friends-only page, while you have a valid Friends token for access. If your Friends token should expire or otherwise be suspended, or you surrender your Friends token, you may no longer have access to or be able to change or publish your Key, e-mail address or photo. In unusual circumstances, you may contact us to request special assistance, which we may, at our option, provide. (See also the earlier section titled “Removed vs hidden”.)
If you close your account or stop using the Web site and Service, we may still retain and use information we’ve collected for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce the Terms of Service and take other actions we deem necessary, appropriate and/or permissible by law. In addition, if information provided by you or about you has already been provided to or collected by third parties, their retention, use or disclosure of that information may be subject to their own policies.