Last Updated: 9/1/14
Tender Care Home Health owns and operates this website and uses “BoomTime” to provide much of the underlying technology necessary for our website, online gift certificate program, marketing, electronic communication and/or other services. BoomTime is a service of Sevence, LLC, and their contact information is set forth under the Contact BoomTime Section below. The following describes our policies regarding information, including Protected Information (defined below), which we collect through BoomTime. Hereinafter, the words “we,” “our,” “us”, this “website,” this “site” or Tender Care Home Health shall mean Tender Care Home Health, BoomTime or both.
THE TYPES OF INFORMATION WE COLLECT
Protected Information. Some information we may collect from you is protected for purposes of privacy and data security. Information that is (1) recorded by or using this site; (2) is about, or pertains to a specific individual; and (3) can be linked to that individual in considered “Protected Information.” The specific Protected Information that we collect may vary with each separate purpose for which you provide it, and it may include one or more of the following: name, physical address, an email address, phone number, credit card information including credit card number, expiration date, and billing address, and location data.
Non-Personal Information. We reserve the right to collect anonymous information such as your browser type, the URL of the previous website you visited, your computer’s operating system and Internet protocol (IP) Address, Internet domain and host name, your Internet Service provider, your clickstream data, and the dates and times that you may access this site and specific pages (“Non-Personal Information”). Non-Personal Information is essentially anonymous when collected; While it may be possible that Non-Personal Information could be used to identify you, we will not use Non-Personal Information for this purpose.
HOW AND WHEN WE COLLECT INFORMATION
Protected Information. We collect Protected Information at the time you provide it to us through sign-up forms and as part of your registration for an account, product, or service from this website. Protected Information that we collect may vary with the each sign-up or registration. We may also collect Protected Information from parties authorized to provide us such information.
Your Communications With Us. We collect Protected Information that we receive from you as you communicate with us.
Passive and Analytical Information. We reserve the right to monitor your use of this site. As you navigate through this site, Non-Personal Information may be passively collected (that is, gathered without your actively providing the information) using various analytics and reporting technologies, such as cookies and web beacons.
HOW WE USE YOUR INFORMATION
We use your Protected Information for the performance of the services or transaction for which it was given, our private internal reporting for this site, and security assessments for this site.
We may use your Protected Information to send you emails, SMS and/or other electronic messages (see MESSAGES; OPT-OUT below).
We do NOT tie or link your Protected Information to Non-Personal Information with persistent identifiers. For example, we do not tie or link your email address (Protected Information) with information collected by a cookie regarding the length of time you visit our site (Non-Personal Information).
We reserve the right to make full use of Non-Personal Information. For example, we may use Non-Personal Information to provide better service to site visitors, customize the site based on your preferences, compile and analyze statistics and trends about the use of this site, and otherwise administer and improve this site.
DISCLOSURE OF YOUR INFORMATION
General Disclosure Policy. Our general policy is that we will not share, sell, rent, or provide access to your Protected Information to others. The only exceptions to this general policy: (i) are described in the subsections below, and (ii) if you explicitly approve such disclosure. We reserve the right to disclose Non-Personal Information without restriction.
Disclosure to Affiliated Entities. We reserve the right to provide your Protected Information to any affiliated entities we may have, including our subsidiaries. Affiliated entities are entities that we legally control (by voting rights) or that control us.
Disclosure to Service Providers for Website Operations. We reserve the right to disclose your Protected Information to our trusted service providers in addition to BoomTime, that assist us with the operation and maintenance of this site. For example, we may use third parties to process payments, host our servers, provide security, and provide production, fulfillment, optimization, analytics, and reporting services. We will take commercially reasonable efforts to cause these third parties to agree to hold your information in confidence or to disclose information only to third parties that we believe in good faith have instituted and follow privacy and security policies that are acceptable to us.
Disclosure to Successors. If we are acquired by or merged with a third party entity, or if we sell this website business or a line of business from this website, we reserve the right to transfer your Protected Information as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we reserve the right to transfer your Protected Information to protect our rights or as required by law.
Disclosure Incident to Legal Process and Enforcement. We reserve the right to disclose your Protected Information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request (such as for example, to comply with a subpoena or court order), or (ii) to investigate or enforce violations of our rights or the security of this site.
Disclosure to our Affiliates and Resellers. We reserve the right to disclose your Protected Information to any of our (i) affiliates that referred you to our site for purposes of sales by us, and (ii) resellers that may re-sell our products or services to you. We may also disclose your Protected Information to any marketing partners that may participate in the offer or related fulfillment. Understand that you originated with these affiliates and resellers, and that the information you may provide to them is subject to their privacy policies also.
Disclosure When We Act as an Affiliate or Reseller for Others. We may act as an affiliate or reseller for certain of our marketing partners for purposes of selling their products or services to you, and we reserve the right to right to disclose your Protected Information to them for purposes of transaction processing, fulfillment, and support.
If any modifications result in materially less restrictive conditions for our use or disclosure of Protected Information (defined below), previously disclosed by you, we will obtain your consent before implementing such revisions with respect to such information.
SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS
3rd Party Cookies for Web Analytics and Reporting. We reserve the right to use web analytics services provided by 3rd parties. These services use 3rd party cookies (cookies passed by others, not by us) to collect Non-Personal Information about your use of this site. These web analytics services may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the service’s behalf.
Web Beacons. A web beacon is an electronic image placed in the code of a web page. We reserve the right to use web beacons to monitor the traffic patterns of users from one of our pages to another and to improve our site’s performance.
We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your Protected Information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site.
When you transmit Protected Information through our registration process or if you purchase products or services, we encrypt that information in transit using secure socket layer technology (SSL). Credit card information is encoded and protected using multiple layers of network security, including firewall protection. Offline, personally identifying information is also protected in our offices. Our employees are informed about our privacy practices, and access to customer information is restricted to what is necessary to perform their specific tasks. Moreover, we notify our employees of any changes to our Privacy Statement and corresponding requirements, and we possess polices and procedures to handle privacy complaints and security threats or breaches.
UPDATING PROTECTED INFORMATION
Upon request, we will permit you to request or make changes or updates to your Protected Information for legitimate purposes. We request identification prior to approving such requests. We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others. We reserve the right to permit you to access your Protected Information in any account you establish with this site for purposes of making your own changes or updates, and in such case, instructions for making such changes or updates will be provided where necessary.
EMAIL AND PRE-RECORDED PHONE MESSAGES; OPT-OUT
This site treats email messages and other electronic messages that are sent through this site and not viewable by others as confidential and private, except as required by law, including without limitation, the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the “ECPA”). The ECPA permits this site’s limited ability to intercept and/or disclose electronic messages, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This site is not considered a “secure communications medium” under the ECPA.
If you supply us with your e-mail address or your phone number you may receive periodic messages from us with information specific to the site and required for the normal functioning of the site as well as for new products or services or upcoming events, information related to our business or offers from us (“Messages”). If you prefer not to receive these periodic Messages, you may opt-out after you receive any message by following the instructions in the Message.
LINKS TO OTHER SITES; ONLINE ADS
Our site may contain links to other websites with whom we have a business relationship or online advertisements. If you click on any of such links to such websites or accept any promotional offers from third parties, your click-through information and any information that you provide in the process of registration or purchase will be transferred to these web properties. The policies and procedures we described here do not apply to those sites. We suggest contacting those sites directly for information on their privacy, security, data collection, and distribution policies.
CHILDREN’S ONLINE POLICY
This site is designed for use by adults. We do not intend that any portion of this site will be accessed or used by children under the age of 13, and hereby prohibit such use. By using this site, you represent that you are at least 18 years of age and understand that persons under the age of 18 are not permitted to create accounts or use services offered through the site.
TRANSFER OUTSIDE OF YOUR COUNTRY OF RESIDENCE
Any Protected Information that we may collect on this site will be stored and processed in our servers located in the United States. By using this site, if you reside outside the United States, you consent to the transfer of Protected Information outside your country of residence to the United States.
U.S. – EU SAFE HARBOR PRIVACY STATEMENT.
When using or disclosing personal information transferred from the European Union, we abide by the Safe Harbor Principles published by the U.S. Department of Commerce (the “Principles”) regarding the collection, use and retention of personal data, use standard contract clauses approved by the European Commission, adopt other means under European Union law for ensuring adequate safeguards, or obtain your consent. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce’s Website at https://export.gov/safeharbor/. Any questions or comments you have about compliance to the Principles can be emailed to email@example.com. Any such question, claim or comment arising pertaining to our compliance with the Principals that cannot be resolved directly with us shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.