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Privacy Policy

Last Updated 09/29/2016

This is the Privacy Policy of the eBillity website (the “Site”), operated by Boston Billing Solutions, LLC d/b/a eBillity (together with our affiliates and subsidiaries, “eBillity”, “we”, “us”, “our” and terms of similar meaning) and our related products and services. It describes the information that we collect from you as part of the normal operation of our Site, and how we use and disclose this information.

By accepting the Privacy Policy in registration or by visiting and using the Site, you expressly consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to our Terms of Use.

In this Privacy Policy, we use the following terms to describe different types of visitors to our Site. Our customers are called “Subscribers” and our Subscribers’ customers who use the Site (for example, to view or pay Subscribers’ invoices) are called “Customers”. We use the word “staff” to describe persons to whom Subscribers give “staff” access on the Site. Together with registered users, members of the eBillity forum, and other persons who access or browse our Site, blog or other interactive areas of the Site, are collectively described in this Privacy Policy as “Users.” Subscribers shall require their Customers to familiarize themselves with such Subscriber’s privacy policy, our third party internal service providers’ privacy policies and this Privacy Policy.

Participation in EU and Swiss Safe Harbors

EU-US Privacy Shield Framework

eBillity complies with the EU Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. eBillity has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies 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 page, please visit http://www.privacyshield.gov.

In compliance with the EU-US Privacy Shield Principles, eBility commits to resolve complaint about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact eBility at: privacy@ebility.com or 800-851-0992.

eBillity has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

US-Swiss Safe Harbor Framework

eBillity complies with the US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from Switzerland. eBilllity has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. If there is any conflict between the policies in this privacy policy and the Safe Harbor Privacy Principles, the Safe Harbor Privacy Principles shall govern. To learn more about the US-Swiss Safe Harbor and to view our certification page, please visit http://www.export.gov/safeharbor/

In compliance with the US-Swiss Safe Harbor Principles, eBility, commits to resolve complaints about your privacy and our collection or use of your personal information. Swiss citizens with inquiries or complaints regarding this privacy policy should first contact eBility at: privacy@ebility.com or 800-851-0992.

eBillity has further committed to refer unresolved privacy complaints under the US-Swiss Safe Harbor to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

eBillity is subject to the investigatory and enforcement powers of the Federal Trade Commission. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, eBillity is potentially liable.

How We Use Your Information

We use personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site, to provide to you the services offered by the Site; resolve service and billing disputes; troubleshoot problems; bill any amounts due from you; measure consumer interest in our products and services, inform you about online and offline offers, products, services, events and updates; deliver information to you that, in some cases, is relevant to your interests, such as product news; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our Terms of Use; provide you with system or administrative messages, and as otherwise described to you at the time of collection. On occasion, we use email address or other contact information to contact our Users to ask them for their input on our services, to forward to them media opportunities, and even to invite them to dinner.

We may also use personal information about you to improve our marketing and promotional efforts, to analyze Site usage, to improve our content and product offerings, and to customize the Site’s content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.

What Information Do We Collect?

Our primary purpose in collecting personal information from you is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving this purpose.

In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you become a User, we require you to provide various your name, mailing and billing addresses, e-mail addresses, telephone number, and credit card information (as described further below), and other personal information as indicated on the relevant forms on the Site (which vary, depending on what kind of User you are), and you are no longer anonymous to us. Where possible, we indicate which fields are required on these forms and which fields are optional.

In addition, as you use the Site, you can from time to time enter or send to us personal information. For example, if you are a Subscriber, you can enter your own timesheet and other billing information, and if you are a Customer you can enter information about payment of any invoice submitted by a Subscriber. As you use the Site you can also from time to time enter personal information about third parties. For example, if you are a Subscriber, you can enter personal information about your Customers or your staff.

You always have the option to not provide information by choosing not to become a User or by not using the particular feature of the Site for which the information is being collected. However, each Customer must be aware that the Subscriber it has retained uses the Site whether or not such Customer uses the Site.

If you are a Subscriber, we collect your credit card and contact information for billing purposes. And if you are a Customer who wishes to pay amounts to a Subscriber on a recurring basis, we collect and store your credit card and contact information for billing purposes.

As a time billing service we store confidential information submitted by Users that may also constitute privileged communications between an attorney and client. We will not review, see, use or disclose such confidential information except as compelled or required by law as set forth below.

“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your hard drive. eBillity may set and access cookies on your computer or mobile device to track and store preferential information about you. We may gather anonymous information about users through cookie technology on an individual and aggregate level. Such information is used within eBillity internally and is only shared with third party advertisers, if any, on an aggregated or non-personally identifiable basis.

Web Beacons, also known as pixel tags and clear GIFs, (“Web Beacons”), are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web Beacons can recognize certain types of information, such as cookie numbers, time and date of a page view and a description of the page where the Web Beacons are placed. No personally identifiable information about you is shared with third parties through the use of Web Beacons on the Site. However, through Web Beacons, we may collect general information that will not personally identify you, such as: Internet browser, operating system, IP address, date of visit, time of visit and path taken through the Site.

eBillity may use Web Beacons internally to count visitors and recognize visitors through cookies. Access to cookies helps Company personalize the experience of our Subscribers and Customers when each visits the Site.

Our Disclosure of Your Information.

We will not sell or rent your personally identifiable information to third parties without your explicit consent. The following describes some of the ways that your information may be disclosed in the normal scope of business to provide our services:

Subscribers, Customers, and Other Users: In the normal operation of the Site Subscriber timesheets (including information entered by “staff” members) and invoices are disclosed to the applicable Customers, and Customer information is disclosed to the applicable Subscriber. In general, information you enter on the Site is available to the other persons – whether they are Customers, Subscribers, staff members or others to whom you give access to your account or to whom you give access to the information through the normal operation of the Site.

Payment Information: We may collect and use credit card and other payment information (such as PayPal email addresses) you submit to us on the Site to process payments you make through the Site. We do not store credit card or other payment method information unless the Subscriber or their Customers choose to enter credit card information for use in the eBillity recurring profiles module; in all other cases financial institutions (like PayPal, Authorize.net, and PSiGate) have the sole and complete responsibility for the storage of credit card and payment information.

Service Providers: We use third party internal service providers to facilitate or outsource one or more aspects of our business, products and services and, therefore, may provide some of your personal and/or financial information directly to these internal service providers (e.g. credit card processing and invoice management). In some instances, the internal service provider may collect or solicit personal and/or financial information directly from Subscribers or Customers. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy. Moreover, there may be separate services offered by third party external service providers that may be complementary to your use of the Site. With your consent, and for your convenience, we may provide some of your personal information to an external service provider offering such services.

Anonymized Aggregated Data: We aggregate and anonymize sales information including (but not limited to) industry type, number of invoices sent, average invoice size, method of sending invoices, percentage paid online, sales amounts and average sale per customer, and disclose such information in a non-personally identifiable manner to Subscribers. However, in these situations, we do not disclose any information that could be used to identify you personally.

As Required By Law: We may be required to disclose your personal information by operation of law, or in response to a valid order of a court, public authorities or governmental agency, deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar process, including to meet national security or law enforcement requirements, provided, that you may, unless legally prohibited, provide us with prior written notice sufficient to permit us an opportunity to contest or limit the nature and scope of such disclosure, including but not limited to redacting or withholding privileged communications.

Data Retention

We will retain your data for a period of up to three (3) months (or the maximum time required by law) after your account (a) has been cancelled (b) is on a credit hold for nonpayment, or (c) ends after a trial period. After this time, the information will be permanently removed from our servers and no one will be able to access it. Your personal information such as your email, name, type of account you had, and payment history will remain on file for a period of up to 10 years, or the maximum time required by law, to comply with government regulations.

Your Use of Other Persons’ Information.

In order to facilitate the services provided by the Site, the Site allows you in certain circumstances to give other Users limited access to the personal information of other persons. For example, if you are a Subscriber, you may use the Site to give access to a staff member to the personal information of your Customers. By entering into our Terms of Use, you agree that, with respect to the personal information of other persons that you collect, use and disclose on the Site, you have all necessary consents and rights to collect, use and disclose that information as described in this Privacy Policy from time to time, and you agree that the indemnity you give to us in the Terms of Use applies to any non-compliance by you with the foregoing.

Security

eBillity strives to protect your personal information. For security of transactions, we use the Secure Sockets Layer (SSL) protocol, which encrypts any information, such as credit card number and billing information, you send to us electronically. The encryption process protects your information, by scrambling it before it is sent to us from your computer. After eBillity receives your transmission, we make commercially reasonable efforts to ensure its security on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot warrant the security of any information you transmit to us. More information about security is available on the Site and in our Terms of Use.

Accessing Personal Information

You have a right to access your data, and may do so by e-mailing privacy@ebillity.com. Subscribers may correct, amend, or delete the personal information they have provided us by logging into the Site and making such change to their information where applicable. eBillity may not have a direct relationship with all Users or individuals with whom our Subscribers may interact using the Service. Any such individual seeking access to, or who would like to correct, amend, or delete personal information which may be stored on the Site should direct his or her query to the applicable eBillity Subscriber who has entered their information. At the request of our Users, we will remove any data placed in their accounts.

Other Information Collectors

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties through the Site, whether they are Subscribers or Customers or other Users or individuals, different rules may apply to their use, collection and disclosure of the personal information you disclose to them. Since we do not control the information use, collection or disclosure policies of third parties, you are subject to their privacy policies. We encourage you to ask questions before you disclose your personal information to others.

Your California Privacy Rights.

If you are a resident of California, in addition to the rights set forth in this Privacy Policy, you generally have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes. Under the law, however, a business is not required to provide this information if it adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes if the customer has exercised an “opt-out”, as long as the business maintains and discloses this policy and provides a cost free means to exercise that right. If you wish to opt-out of having your personal information disclosed for direct marketing purposes you may make such a request free of charge by emailing us with at privacy@eBillity.com.

Your Choices Regarding Personal Information.

We will offer Users in the E.U. and Switzerland whose personal information has been transferred to the United States the opportunity to opt out from: (a) the disclosure of personal information to third parties; and (b) the use or disclosure of their personal information for a purpose other than the purposes for which the information originally was collected or subsequently authorized by the individual or a compatible purpose. If we were to receive “sensitive personal information” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership), we will request and obtain affirmative consent before disclosing such information to third parties and before using such information for a purpose other than the purpose originally disclosed or a compatible purpose. We will provide Users with reasonable mechanisms to exercise their choices should such circumstances arise. Before transferring such Users’ personal information to a third-party, we will obtain assurances from such third party that it will safeguard the data in a manner consistent with this Privacy Policy. Where we learn that such third party is using or disclosing personal information in a manner contrary to this Privacy Policy, we will take reasonable steps to prevent such use or disclosure.

You may instruct us to stop sending you certain promotional materials (e.g., e-mail messages, newsletters, etc.) by following the unsubscribe instructions provided in those materials. We may, however, continue to contact you to provide service to your account. Please note that if you use more than one account or e-mail address when communicating with us or participating on the Site, you may continue to receive communications from us to any name and/or e-mail address which you have not specified in your opt-out request. A user who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct its query to privacy@ebillity.com. If requested to remove data, we will respond within a reasonable timeframe.

Questions?

It is our goal to make our privacy practices easy to understand. If you have questions, concerns or if you would like more detailed information, please email our privacy officer at privacy@eBillity.com

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