The website www.hellofyv.com (the “Site”) and the fyv mobile application (the “App”) (the Site and App are collectively referred to herein as the “Platform”) are owned and operated by Fyv, Inc. (“fyv”, “we”, “our” or “us”). This Privacy Policy (“Privacy Policy”) is designed to explain the information we collect and how we use it to provide the Platform and give users a better experience. It applies to any users of the Platform, including those who are seeking to find and purchase child care services (each, a “Care Seeker”) as well as those who are looking to promote and provide their child care services (each, a “Care Provider”). “You” refers to you, as a visitor or user or the Platform. Other capitalized terms that are not expressly defined in this Privacy Policy have the same meaning as set forth in the Child Care Provider Terms of Use or Care Seeker Terms of Use, as applicable.

By using the Platform, you consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy. If you provide information about someone other than yourself, you represent that you have authority to do so. In the event that you provide us with information about children under the age of majority in your jurisdiction, you consent to the collection, storage, use and disclosure of such information as described in this Privacy Policy. We reserve the right to make changes to our practices and this Privacy Policy at any time. If we change the way we handle your information, we will update this Privacy Policy and notify you as appropriate.

This Privacy Policy is incorporated into and made a part of fyv’s Child Care Provider Terms of Use or Care Seeker Terms of Use. If you have not done so already, please also review the Child Care Provider Terms of Use or Care Seeker Terms of Use.

1. INFORMATION THAT WE COLLECT ABOUT YOU

1. Care Seeker Information.
   • Information Collected in Connection with your Registration and use of the Platform. In order to register an account with us and use the Platform, we may collect the following information about you and individuals other than yourself for whom you have authority to provide information to us:
     • Contact information such as name, e-mail address, mailing address, and phone number;
     • We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number);
     • biographical information such as date of birth, household data, and demographic information; and
     • health information such as health assessments, medical condition information, allergy information, medication information, and immunization status.
   • Information Collected in Connection with Reviews. When you leave a review, we compile statistical and other information related to the performance and operation of the relevant service. We will use or share with our Care Providers, aggregated information collected from these reviews for research and development purposes and to provide analytics, reports and benchmarking about our services (e.g. average ratings or frequently used terms within the reviews). We also use such aggregated information for our own advertising and promotional purposes.
   • Information Collected about you from Care Providers. Care Providers that you engage with may provide us with your information, such as information relating to your transactions with the Care Provider. We may combine information that we collect from you with information about you from such Care Providers and use it in accordance with this Privacy Policy.
2. Care Provider Information.
   • Information Collected in Connection with your Registration and use of the Platform. In order to register an account with us and use the Platform, we may collect the following information:
     • Contact information such as name, e-mail address, mailing address, and phone number; and
     • We collect data necessary to process your payments if you make purchases, such as your payment instrument number (such as a credit card number).
   • Information Provided by you on your Business Profile Page. We collect and store all of the additional information that you provide on your business profile page. This may include, among other information:
     • Details about the services you provide;
     • Photos of your facilities and employees;
     • References;
     • Employee names, bios, and employee contact information; and
     • Any other information you choose to include in your profile.
   If you are a Care Provider, you acknowledge and agree that you are responsible for obtaining all necessary consents required to publish any photographs or information of or about your employees or other individuals.
3. Passively Collected Information and Location Information (All Users).
   • Passively Collected Information from your use of the Site. When you access the Site, we automatically collect: (i) technical information about your device including your device’s internet protocol (IP) address, your browser type and version, time zone setting, and operating system and platform; and (ii) information about your visit, including the URL clickstream to, through and from our Site (including date and time), your account activity (when logged in), the content (and any ads) that you view or interact with, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. Some of this information is collected using cookies and related technologies. See Section 2 for more details.
   • Passively Collected Information from your use of the App.
     • Device and usage information - that may include (i) information specific to the device you use to access the App (including, but not limited to, make, model, operating system, advertising identifier, language, carrier and similar information) and (ii) information about your use of features, functions, or notifications on the device;
     • Mobile analytics - such as how often you use the App, the events that occur within the App, aggregated usage, performance data, and where the App was downloaded from. We use mobile analytics software to allow us to better understand the functionality of the App on your phone.
   • Location Information. If you consent to us doing so, we may collect information regarding your current location while you are using the Platform. Most mobile devices and web browsers allow you to control or disable the use of location services for applications in the device or browser’s settings menu. We may also collect this information even when you are not using the Platform if this connection is enabled through your settings or device permissions.

2. COOKIES AND OTHER TRACKING TECHNOLOGY THAT WE USE

Cookies and Other Tracking Technology. When you access the Platform, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, clear gifs, pixel tags, e-tags, “Flash cookies”, or other local storage provided by your browser or associated applications. These technologies are used in analyzing trends, administering the Platform, tracking users’ movements around the Platform, gathering demographic information about our user base as a whole, and delivering advertisements. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

To learn more about cookies and other tracking technology, visit www.allaboutcookies.org.

The table below sets out the cookies we use on the Platform, their purpose, and, if applicable, how you may opt out of our use of these cookies.

2.2 Push Notifications. If you allow the App to send you push notifications, we may send you push notifications from time-to-time in order to update you about any events or promotions that we may be running, to the extent you consented. If you consented to the use of your personal data for marketing purposes via push notifications, your consent wording is as follows: “I consent to the use of my personal data to receive push notifications from Fyv, Inc. about Fyv, Inc.’s events and promotions.” If you no longer wish to receive these types of communications, you may turn them off at the device level.

2.3 Google Analytics. We also use Google, a third-party analytics provider, to collect information about the Platform usage and the users of the Platform, including demographic and interest-level information. Google uses cookies in order to collect demographic and interest-level information and usage information from users that visit the Platform, including information about the pages where users enter and exit the Platform and what pages users view on the Platform, time spent, browser, operating system, and IP address. Cookies allow Google to recognize a user when a user visits the Platform and when the user visits other websites. Google uses the information it collects from the Platform and other websites to share with us and other website operators’ information about users including age range, gender, geographic regions, general interests, and details about devices used to visit websites and purchase items. We do not link information we receive from Google with any of your personally identifiable information. For more information regarding Google’s use of cookies, and collection and use of information, see the Google Privacy Policy (available at https://policies.google.com/privacy?hl=en). If you would like to opt out of Google Analytics tracking, please visit the Google Analytics Opt-out Browser Add-on (available at https://tools.google.com/dlpage/gaoptout).

2.4 Social Sharing. We also embed social sharing icons throughout the Platform. These sharing options are designed to enable users to easily share content from the Platform with their friends using a variety of different social networks. If you choose to connect using a social networking or similar service, we may receive and store authentication information from that service to enable you to log in and other information that you may choose to share when you connect with these services. These services may collect information such as the web pages you visited and IP addresses, and may set cookies to enable features to function properly. We are not responsible for the security or privacy of any information collected by these third parties. You should review the privacy statements or policies applicable to the third-party services you connect to, use, or access. If you do not want your personal data shared with your social media account provider or other users of the social media service, please do not connect your social media account with your account for the Platform and do not participate in social sharing through the Platform.

2.5 Do Not Track Signals. Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operators, including fyv, do not respond to DNT signals.

USE OF YOUR INFORMATION

We may use, store, and process your information to: (1) provide, improve, and develop the Platform and underlying functionality, (2) maintain a safer and more secure Platform, and (3) provide, personalize, measure, and improve our advertising and marketing.

3.1 Provide, Improve and Develop the Platform. We may use your information to provide, improve, and develop the Platform and underlying functionality such as to:

• enable you to access and use the Platform and underlying functionality;
• enable you to communicate and transact with Care Providers (if you are a Care Seeker) and Care Seekers (if you are a Care Provider);
• operate, protect, improve, and optimize the Platform and user experience, such as by performing analytics, and conducting research;
• provide customer service;
• send you service or support messages, updates, security alerts, and account notifications;
• customize your experience (such as suggestions, ranking search results) and create profiles based on your interactions with the Platform, your search and transaction history, your profile information and preferences, and other content you submit to the Platform; and
• enable those who connect to the Platform through a social media site to see which of their friends have connected to the Platform.

3.2 Maintain a Safer and More Secure Platform. We may use your information to maintain a safer and more secure Platform such as to:

• detect and prevent fraud, spam, abuse, security incidents, and other harmful activity;
• conduct security investigations and risk assessments;
• verify or authenticate information or identifications provided by you (such as to verify your address or other information);
• comply with our legal obligations;
• resolve any disputes with any Care Seekers or Care Providers; and
• enforce our terms of use and other policies.

3.3. Provide, Personalize, Measure, and Improve our Advertising and Marketing. We may use your information to provide, personalize, measure, and improve our advertising and marketing such as to:

• send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about us or Care Providers) and social media advertising through social media platforms such as Facebook or Google; and
• conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the Platform, information obtained from third-parties, and your search and transaction history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.

3.4 Processing Payments. If you make a payment to fyv, we will ask for payment information and other information requested for processing your payment.

• We use a third party payment processor, currently Stripe, Inc., (the “Payment Processor”) to assist in securely processing your payment information. If you pay with a credit or debit card the payment information that you provide through the Platform is encrypted and transmitted directly to the Payment Processor. We do not store your payment information and do not control and are not responsible for the Payment Processor or its collection or use of your information. You may find out more about how the Payment Processor stores and uses your payment information by accessing its privacy policy at https://stripe.com/privacy.

4. SHARING YOUR INFORMATION

In addition to using the information collected by us for the purposes described above, we may also share your information with various third-parties, as described below. Please review our sharing policy closely. By using the Platform, you agree to allow us to share the information you provide to us in the ways described below. Your ability to make changes to what information is shared is described in Section 5. The information you provide will not be sold or rented to third-parties.

4.1 Sharing your Information with Care Providers. If you are a Care Seeker, we will share your information with the Care Providers you have chosen to schedule a tour with or submit an enrollment form with in order to facilitate communication between you and such Care Providers and to allow you to procure child care services from such Care Providers. We will also share anonymized and aggregated information about you to Care Providers such as how many Care Seekers viewed their profile.

4.2 Forums, Reviews, Profiles, and Marketing Materials. If you are a Care Seeker and you post information on the Platform in any forum or when leaving a review, that information may be viewed by any user of the Platform. If you are a Care Provider and you post information to your business profile on the Platform or post a response to a review, that information may be viewed by any user of the Platform. We may display personal testimonials of Care Providers or of fyv and/or the Platform and other endorsements on the Platform or in other marketing materials. These testimonials or endorsements may include information such as your first name, first initial of last name, town, and state.

4.3 Vendors/Service Providers. When we employ a third-party vendor to perform a function on our behalf, we provide it with the information that it needs to perform its specific function. These vendors are authorized to use your information only as necessary to provide these services to us. We use service providers for the purposes of delivering the Platform and underlying functionality, managing your accounts, hosting, IT, security, support, billing, marketing, and communications.

4.4 Legal Requirements. We disclose personal information to government authorities or other third-parties if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a subpoena, court order or similar legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the Platform or the public, (iv) protect against legal liability, (v) to investigate fraud or other unlawful activity, or (vi) as otherwise required or permitted by law.

4.5 Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, including in bankruptcy, your personal information may be part of the transferred assets. You will be notified via email and/or a prominent notice on the Platform of any change in ownership or uses of your information, as well as any choices you may have regarding your information.

5. YOUR CHOICES

Fyv respects your right to access and control your personal data. You have choices about the data we collect. When you are asked to provide personal data that is not necessary for the purposes of providing you with the Platform, you may decline. However, if you choose not to provide data that is necessary for the operation of the Platform, you may not have access to certain features of the Platform.

5.1 In some jurisdictions, you have the right to correct or amend your personal data if it is inaccurate or requires updating. You may also have the right to request deletion of your personal data. Please note that such a request could be refused because your personal data is required to provide you with the products or services you requested, e.g. to deliver a product or send an invoice to your email address, or that it is required by the applicable law.

5.2 Control Over Certain Information. You have control over what optional information you choose to share with us when utilizing the Platform (such as photographs, certain details in a profile, bios, etc.). In addition, if you have given us permission through your mobile device or browser to access your location, you may subsequently opt-out of sharing your location with us by adjusting the settings in your mobile device or browser.

5.3 Your Communication Choices. By using the Platform, you are consenting to receive certain email communications from us, such as special offers, tips and advice, notifications of new Care Providers in your area, customer surveys and administrative notices. You have a choice at any time to stop us from sending you emails for marketing purposes by emailing us at [email protected] or by following the “unsubscribe” link included in these emails. Please note that despite any indicated email marketing preferences, we may continue to send you administrative emails regarding the Platform, including, for example, notices of updates to the Platform, notices of responses from Care Providers if you are a Care Seeker, and other notices related to your use of the Platform if we choose to provide such notices to you in this manner. If you have opted in to receive SMS messages from us but would now like to opt out, you may do so by adjusting your settings in your account settings.

5.4 Changing or Removing your Personal Information and Closing your Account. In some jurisdictions, you have the right to correct or amend your personal data if it is inaccurate or requires updating. You may also have the right to request deletion of your personal data. Please note that such a request could be refused because your personal data is required to provide you with the products or services you requested, e.g. to deliver a product or send an invoice to your email address, or that it is required by the applicable law. If you would like to remove some of the information you have posted on the Site, such as certain information you posted in profiles and reviews (if you are a Care Seeker), you may do so by editing or deleting that item on the Platform. In some cases, some information is required in order for you to use the Platform and therefore such information will not be able to be deleted. If you no longer wish to use the Platform, you may close your account by emailing a request to [email protected].

5.5 California Shine the Light Law. California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personal information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to [email protected].

6. CHILDREN’S PRIVACY

THE PLATFORM IS NOT INTENDED FOR CHILDREN

You must be at least the age of majority in your place of residence to use the Platform. The Platform is not directed to or intended for use by minors. Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act, if we learn that we received any information directly from a child under age 13 without his or her parent’s verified consent, we will use that information only to inform the child (or his or her parent or legal guardian) that he or she cannot use the Platform.

California Minors: While the Platform is not intended for anyone under the age of 18, if you are a California resident who is under age 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at: [email protected]. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. Removal of your content or information from the Platform does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.

7. MISCELLANEOUS

7.1 Security. Fyv is committed to protecting the security of your personal data. Depending on the circumstances, we may hold your information in hard copy and/or electronic form. For each medium, we use technologies and procedures to protect personal data. We review our strategies and update as necessary to meet our business needs, changes in technology, and regulatory requirements.

These measures include, but are not limited to, technical and organizational security policies and procedures, security controls and employee training.

You are responsible for maintaining the security of your account credentials for the Platform. Fyv will treat access to the Platform through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. We may suspend your use of all or part of the Platform without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.

If we become aware of a breach that affects the security of your personal data, we will provide you with notice as required by applicable law. To the extent permitted by applicable law, fyv will provide any such notice that fyv must provide to you at your account’s email address. By using the Platform, you agree to accept notice electronically.

7.2 Storage and Transfer of Personal Data. Personal data collected by fyv may be stored and processed in your region, in the United States or in any other country where fyv, its affiliates or contractors maintain facilities, including outside of your country or jurisdiction. We take steps to ensure that the data we collect under this Privacy Policy is processed pursuant to the terms thereof and the requirements of applicable law wherever the data is located.

Fyv also collaborates with third parties such as cloud hosting services and suppliers located around the world to serve the needs of our business, workforce, and customers. In some cases, we may need to disclose or transfer your personal data within fyv or to third parties in areas outside of your home country. When we do so, we take steps to ensure that personal data is processed, secured, and transferred according to applicable law.

If you would like to know more about our data transfer practices, please contact us at [email protected].

7.3 Retention. Fyv retains personal data for as long as necessary to provide the services and fulfill the transactions you have requested, or for other business purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. We are required by law to keep some types of information for certain periods of time (e.g. statute of limitations). If your personal data is no longer necessary for the legal or business purposes for which it is processed, we will generally destroy or anonymize that information.

7.4 Links to Other Websites. The Platform may contain links to third-party websites and services. However, we are not responsible for the privacy practices employed by those websites or services, nor are we responsible for the information or content they contain. This Privacy Policy applies solely to information collected by us through the Platform; thus when you use a link to go from the Platform to a third-party website or service, this policy is no longer in effect and the privacy policy of such third-party website or service will govern.

7.5 Changes to this Privacy Policy. We reserve the right to change this Privacy Policy at any time. We will notify you about and provide you with choice about material changes to this Privacy Policy or in our practices as required by applicable law. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Platform prior to or on the effective date of the changes. Your use of the Platform after such effective date will constitute acceptance by you of such changes. You should periodically check this Privacy Policy for updates.

7.6 Contact us. If you have any questions about our Privacy Policy, you can contact us via email at [email protected].

8. FOR CALIFORNIA RESIDENTS

If you are a California resident, the California Consumer Privacy Act of 2018 (the “CCPA”) requires us to provide you with certain notices prior to our collection and use of personal information about you.

This notice for California residents under the CCPA supplements the information provided in the rest of this Privacy Policy, which also applies to you. Any terms defined in the CCPA have the same meaning when we use them here.

We collect personal information about prospective, current and former Fyv customers. In particular, we have collected the following categories of personal information from consumers in the last twelve (12) months:

• Identifiers: Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, current or past job history, or other similar identifiers.
• Characteristics of protected classifications under California or federal law: Age (40 years or older), marital status, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), veteran or military status.
• Commercial Information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories
• Internet or other similar network activity: Information regarding a consumer’s interaction with the Fyv website, application, or advertisements.
• Professional or employment-related information: Current or past job history.

The CCPA does not apply to:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA) or the Gramm-Leach-Bliley Act (GLBA)

We use personal information about you for the business and commercial purposes described above. Fyv has not sold any personal information within the last twelve (12) months. We share personal information with the categories of third parties described in the “Sharing Your Information” section above.

Your Rights and Choices under the CCPA

California residents have certain rights regarding their personal information. If you are a California resident, subject to certain limitations and exceptions, you have the right to:

• Request we disclose to you the following information covering the 12 months preceding your request:
• The categories of personal information about you that we collected
• The categories of sources from which the personal information was collected
• The purpose for collecting personal information about you
• The categories of third parties to whom we disclosed personal information about you and the categories of personal information that was disclosed (if applicable) and the purpose for disclosing the personal information about you
• The specific pieces of personal information we collected about you
• Request we delete personal information we collected from you
• Opt out of any sales of personal information that may be occurring (none currently)
• Be free from unlawful discrimination for exercising your rights under the CCPA

We will generally respond to your request within 45 days if we are able to verify your identity. We will notify you if our response will take longer than 45 days. Requests for specific pieces of personal information may require additional information to verify your identity.

In some instances, we may not be able to honor your request. For example, we will not honor your request if we cannot verify your identity or if we cannot verify that you have the authority to make a request on behalf of another individual. Additionally, we will not honor your request where an exception applies, such as where the disclosure of personal information would adversely affect the rights and freedoms of another consumer or where the personal information that we maintain about you is not subject to your rights under the CCPA.

We will advise you in our response if we are not able to honor your request. In addition, if you request access to the specific pieces of personal information we have collected about you, we will not provide social security numbers, driver’s license numbers or government issued identification numbers, financial account numbers, account passwords or security questions and answers, or any other specific pieces of information if the disclosure presents the possibility of unauthorized access that could result in identity theft or fraud or unreasonable risk to data or systems and network security.

How to Exercise Your Rights under the CCPA

If you are a California resident, you may make a request to exercise your rights under the CCPA by submitting a request via email to [email protected].

Last updated: April 22 2020