Effective Date: January 1, 2020

Welcome to the website and/or mobile application of Soothe, Inc. (“Soothe”, “we”, “us” and/or “our”). We have prepared this Privacy Policy to explain how we collect, use, protect and disclose information and data when you use the Soothe website (“Website”) and any Soothe software, including any Soothe mobile applications (the “App(s)”) or other services offered by Soothe from time to time that reference or link to this Privacy Policy (collectively, the Website(s), App(s) and services are referred to as “Services”). “You”refers to you as a user of the Services.

For the purpose of the Data Protection Directive 95/46/EC (the Directive), the data controller is Soothe, Inc. of 1. 3705 W Pico Blvd PMB 21932 Los Angeles, CA 90019, (800) 960-7668.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. We draw your attention in particular to “International Data Transfer” and “Communications.” BY USING THE SERVICES YOU CONSENT TO THIS PRIVACY POLICY.

Background/Managing Your Information Preferences

Soothe provides an online platform that connects massage therapists (“Therapists”) with individuals that want to purchase and/or receive massage therapy including, without limitation, website visitors (“Customers”).

You can always review, correct, or update your Personal Information by changing the relevant settings in your Soothe account. Applicable law (such as the Directive) may also give you the right to access, update and correct inaccuracies in information about you in our custody or control. If you wish to exercise this right, please contact us at privacy@soothe.com.

Communications

With your consent, we may send you marketing emails and SMS text messages, such as newsletters, offers and promotions. You can opt out of receiving marketing and promotional emails by changing notification settings on the Website or in our Apps or clicking the unsubscribe mechanism provided in an email or other electronic communication. If you opt out, we may still send you non-marketing emails, SMS text messages or other communications, which include transactional information about your accounts and our business dealings with you. If you have questions or concerns regarding this Privacy Policy, please contact us at privacy@soothe.com.

Information We Collect

Personal Information we collect from you or others

We collect personally identifiable information, such as your name, username, email address, mailing address, phone number, photo (if you choose to provide it) and other personally identifiable information when you sign up for or use the Services (“Personal Information”). Personal Information shall, for the purposes of this Privacy Policy include “personal data” as defined in the Directive or as otherwise defined under applicable law. For terms capitalized within this Privacy Policy, please refer to the Glossary below for California residents. Specifically, Soothe may request that Therapists provide Personal Information from the following categories: Identifiers, Financial Information, Online Identifiers, Internet or Network Information, Geolocation Data, Inferences, Professional or Employment Information, Protected Classification Characteristics, Education Information, Physical Description, Biometric Information. Soothe may request that Customers provide Personal Information from the following categories: Identifiers, Commercial Information, Financial Information, Online Identifiers, Online Identifiers, Internet or Network Information, Geolocation Data, Inferences, Professional or Employment Information, Biometric Information. If you choose not to provide the requested information, you may not be able to use some or all of the features of the Services. We may also collect other Personal Information from you when you access the Services and/or other parts of the Website and/or Apps and elect to provide Personal Information.

We also collect transaction details related to your use of the Services, including the service requested, date, time and location where the service was provided, amount charged, and other related transaction details. The Services facilitate communications between Therapists and Customers. In connection with facilitating these communications, we may receive call or SMS message data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message. We use this information solely for the purpose of facilitating such communications.

Our App may collect certain additional information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App. We may also use GPS technology (or other similar technology) to determine your current location. For example, if you permit the App to access location services through the permission system used by your mobile operating system, we may also collect the precise location of your device when the App is running in the foreground or background. We may also determine your approximate location from your IP address.

Personal information we collect automatically

Usage Data and Activity

We may collect and aggregate information or content about the use of our Website or Apps in a way that does not directly identify an individual user (“Usage Data”). Usage Data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor or enhance our Services. This Privacy Policy in no way restricts or limits our collection and use of Usage Data, and we may share Usage Data about our users with our third party service providers for various purposes, including to help us better understand our customers’ needs and improve our Services. For example, each time you use the Website or Apps, we may automatically collect the type of Web browser you use, the pages you view, how you interact with links on the Services and the time and duration of your use of the Website or Apps. We may use such information and pool it with other information to track, for example, the total number of visitors to our Website or users of the Apps, the number of visitors to each page of our Website, number of App downloads, aggregated details related to use of the Services etc.

Cookies and Web Beacons

We use cookies (a small text file placed on your computer to identify your computer and browser). We may also use Web beacons (a file placed on a website that monitors usage). We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. We use cookies and Web beacons to improve the experience of the Website and Services, such as pre-populating your username for easier login. Most Web browsers are initially set up to accept cookies. At this time, Soothe does not recognize automated browser signals regarding tracking, including “do-not-track” signals. However, you can opt-out of interest-based advertisements by following the instructions under “Interest-Based Advertising” below. You can remove persistent cookies and change your privacy preferences by following directions provided in your Internet browser’s “help” directory. However, certain features of the Services may not work if you delete or disable cookies. Some of our Service Providers may use their own cookies and Web beacons in connection with the services they perform on our behalf, as further explained below.

How We Use Information and When We May Share and Disclose Information Generally

We may use your Personal Information for the purpose for which it was provided, including without limitation for the purposes described further below:

• Provision and Monitoring of the Services: We will use your Personal Information to provide you with access to and to support your use of the Services (including to facilitate social features), to administer your account, process payments and to better understand your use of the Services. For example, if you are a Customer, we may provide your Personal Information to a Therapist to facilitate the Therapist’s provision of Services to you and if you are a Therapist, we may provide your Personal Information to a Customer to facilitate the Customer’s receipt of Services. We also may send or facilitate communications between Customers and Therapists. We will also give you the opportunity to store, review and edit Personal Information and other information in your account.

• Surveys and Other Special Offers: From time to time, we may offer our users the opportunity to participate in surveys and other special offers. If you elect to participate in these services, we will collect certain Personal Information in order to provide you with the surveys and other special offers.

• Customer Supporting including Responding to Questions and Requests: If you contact us by e-mail or otherwise, we will use the Personal Information you provide to answer your question or resolve your problem.

• Communication about Products/Services and Contacting You About Other Products, Services and Events: If you opt-in, Soothe and/or third parties may use your Personal Information to contact you in the future to tell you about products, services and events that may be of interest to you. You can unsubscribe at any time.

• Research and Data Analysis: In an ongoing effort to better understand and serve the users of the Services, Soothe may conduct research on its users’ demographics, interests and behavior based on Usage Data and other information, including data analytics generated from use of the Services. This data may be compiled and analyzed on an aggregate and/or de-identified basis, and Soothe may share this data with advertisers, researchers, business partners, publications, and other third parties. This information will not identify you personally.

• Service Improvement: We may use your Personal Information, aggregated Personal Information and other information collected through the Services to help us improve the content and functionality of the Website or Apps, to better understand our users and to improve the Services.

• Compliance with law, fraud prevention and safety: We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Services; and (c) protect, investigate, and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

• Debugging: We may use your Personal Information, aggregated Personal Information and other information collected through the Services to help identify and repair errors that impair existing intended functionality.

• Information Security: We may use your Personal Information, aggregated Personal Information and other information collected through the Services to help with detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

• Marketing and Promotional Communications: We may send you Soothe-related marketing communications as permitted by law.

• Quality control/improve products/services: We analyze use of the Services to improve the Services and to develop and improve new products and services.

• Safety/fraud prevention: Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

• Short term use: Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.

• To Display Advertisements. We work with advertising partners to display advertisements on the Service or elsewhere online. These advertisements are delivered by our advertising partners and may be targeted based on your use of the Service or your activity elsewhere online.

How We Share Your Personal Information

By using the Services, including creation of a profile on Soothe or submission of public queries, you may make certain of your Personal Information available to others, such as your name, your username, and your picture. This information may be accessed by users who use the Services and may be accessed by commercial search engines. You should exercise caution before posting any Personal Information on a public area of the Services.

Service Providers

From time to time, we may establish a business relationship with other businesses that we believe to be trustworthy and have privacy practices consistent with ours, including our affiliates (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, payment processing, data storage and management, marketing and promotions and customer research/analytics. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use or disclosure. Service Providers are prohibited from using or disclosing Personal Information other than as specified by Soothe.

Partners

We may sometimes share your personal information with partners or enable partners to collect information directly via our Services.

Professional Advisors

We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Third-party Platforms and Social Media Networks

If you have enabled features or functionality that connect the Services to a third-party platform or social media network (such as by logging in to the Services using your account with the third-party, providing your API key or similar access token for the Services to a third-party, or otherwise linking your account with the Services to a third-party’s services), we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information.

Other Users of the Services and the Public

We may provide functionality that enables you to disclose personal information to other users of the Service or the public. For instance, you may be able to maintain a user profile with information about yourself that you can make available to other users or the public. You may also be able to submit content to the Service (such as comments, reviews, surveys, blogs, photos, and videos), and we will display your name, username, and a link to your user profile along with the content you submit. We do not control how other users or third parties use any personal information that you make available to other users or the public.

Interest-Based Advertising

We may use third party advertising companies to serve advertisements on our behalf on our and other websites across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons and other technologies to identify your device when you use the Services and to report certain information about your visits to our Services and other websites (such as web pages you visit and your response to ads) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant to you, both on and off our Services. We do not share your Personal Information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.

Some of the advertising companies that collect information about users’ activities on or through the Service may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of interest-based advertising.

Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here, selecting the user’s country, and then clicking “Choices” (or similarly titled link). Users of our mobile applications may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the user’s choices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

In addition, your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

For Canadian users, to learn more and to opt-out of having your information used by these companies for online behavioral advertising purposes, please visit the Digital Advertising Alliance of Canada at http://youradchoices.ca/choices

Other Transfers

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with Soothe. If Soothe is merged, acquired, or sold, or in the event of a transfer of some or all of our assets or equity, we may disclose or transfer Personal Information and Usage Data in connection with such prospective or completed transaction.

Compliance with Laws and Law Enforcement

Soothe and its Service Providers may disclose Personal Information to applicable US, UK, Canadian or other regulatory, government or law enforcement officials, courts or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property or rights of Soothe or of any third party, to prevent or stop any illegal, fraudulent, unethical, or legally actionable activity, or where required or permitted under applicable US, UK, Canadian or other foreign law.

Be Careful When You Share Information with Others

Please be aware that whenever you share information on a publicly available page or any other public forum, others may access that information. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications. You should exercise caution before posting any Personal Information on a public available page.

Exclusions

This Privacy Policy shall not apply to any unsolicited information you provide to Soothe through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Website, such as bulletin boards, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Soothe shall be free, and you hereby grant Soothe the right, to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Security

We maintain reasonable physical, electronic, and procedural safeguards in an effort to protect the confidentiality and security of Personal Information in our custody and control. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Services, we cannot and do not guarantee the security of any information you transmit on or through the Services, and you do so at your own risk.

Links

Our Website and Apps may contain links or integrate with other websites and online services. Soothe is not responsible or liable for any damage or loss related to your use of any third-party website or online service or for the privacy practices of such third parties. You should always read the terms and conditions and privacy policy of a third-party website or online service before using it, whether directly or in connection with your use of the Services.

Children’s Privacy

We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.

International Data Transfer

Please be aware that your Personal Information and communications may be transferred to, stored at, processed and maintained on servers or databases located outside your jurisdiction of residence (such as outside of the EEA), including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using this Site, you agree to this transfer, storing and/or processing.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features in an effort to prevent loss, theft and unauthorized access, use and disclosure.

Privacy Policy Changes

From time to time, we may change this Privacy Policy. If we change this Privacy Policy, we will give you notice by posting the revised Privacy Policy on the Website and Apps and sending an email notice to you using the contact information provided by you. Those changes will go into effect on the effective date shown in the revised Privacy Policy. By continuing to use the Services, you consent to the revised Privacy Policy.

Important Information for California Residents

This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.

Your California privacy rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

  • Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
    • The categories of Personal Information that we have collected.
    • The categories of sources from which we collected Personal Information.
    • The business or commercial purpose for collecting and/or selling Personal Information.
    • The categories of third parties with whom we share Personal Information.
    • Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third party recipient.
    • Whether we’ve sold your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient.
  • Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
  • Deletion. You can ask us to delete the Personal Information that we have collected from you.
  • Opt-out of sales. If we sell your Personal Information, you can opt-out.
  • Opt-in. If we know that you are younger than 16 years old, we will ask for your permission (or if you are younger than 13 years old, your parent’s or guardian’s permission) to sell your Personal Information before we do so.
  • Nondiscrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as denying you services; increasing the price/rate of services; decreasing service quality; or suggesting that we may penalize you as described above for exercising your rights.

How to exercise your rights

You may exercise your California privacy rights described above as follows:

  • Right to information, access and deletion. You can request to exercise your information, access and deletion rights by:
    • emailing privacy@soothe.com
    • calling us toll free at 1-833-276-6843
  • Right to opt-out of the “sale” of your Personal Information. We do not sell your Personal Information in the conventional sense (i.e., for money). However, like many companies, we use services that help deliver interest-based ads to you. California law classifies our use of these services as a “sale” of your Personal Information to the companies that provide the services. This is because we allow them to collect information from our website users (e.g., online identifiers and browsing activity) so they can help serve ads more likely to interest you. You can request to opt-out out of this “sale” of your personal information here: Do Not Sell My Personal Information.

We will need to confirm your identity and California residency to process your requests to exercise your information, access or deletion rights. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

Personal information that we collect, use and share

The chart below summarizes how we collect, use and share Customer Personal Information by reference to the statutory categories specified in the CCPA, and describes our practices during the 12 months preceding the effective date of this Privacy Policy. Categories in the chart refer to the categories described above in the general section of this Privacy Policy. We describe the sources from which we collect this information in the section above entitled Personal Information We Collect; and the business and commercial purposes for which we collect this information in the section above entitled How We Use Your Personal Information.


Statutory category of personal information (PI)(click for details) Categories of third parties to whom we “disclose” the PI for a business purpose Categories of third parties to whom we “sell” the PI What we collect
Identifiers • Affiliates
• Advertising partners
• Service-related third parties
• Professional advisors
• Advertising partners
• Fraud prevention partners
• Real name
• Postal address
• Unique personal
• Identifier
• Customer number
• Email address
Commercial Information • Affiliates
• Advertising partners
• Service-related third parties
• Professional advisors
• Advertising partners
• Fraud prevention partners
• Consuming histories or tendencies
Financial Information • Service-related third parties • Fraud prevention partners • Debit or credit card number
Online Identifiers • Affiliates
• Advertising partners
• Service-related third parties
• Professional advisors
• Advertising partners
• Fraud prevention partners
• Device data
• Identity data
• Internet Protocol address
• Cookies
• Pixel tags
Internet or Network Information • Affiliates
• Advertising partners
• Service-related third parties
• Professional advisors
• Advertising partners
• Fraud prevention partners
• Device data
• Online activity data
Geolocation Data • Advertising partners
• Service-related third parties
• Professional advisors
• Advertising partners
• Fraud prevention partners
• Geolocation data
Inferences • Affiliates
• Advertising partners
• Service-related third parties
• Professional advisors
• Advertising partners • May be derived from: Device data, Online activity data
Professional or Employment Information • Service-related third parties
• Professional advisors
• None • Employer (Soothe At Work Customers)
Biometric Information • Service-related third parties • None • Voice recordings of calls to contact center


The chart below summarizes how we collect, use and share Therapists Personal Information by reference to the statutory categories specified in the CCPA, and describes our practices during the 12 months preceding the effective date of this Privacy Policy. Categories in the chart refer to the categories described above in the general section of this Privacy Policy.



Statutory category of personal information (PI)(click for details) Categories of third parties to whom we “disclose” the PI for a business purpose Categories of third parties to whom we “sell” the PI What we collect
Identifiers • Affiliates
• Advertising partners
• Service-related third parties
• Professional advisors
• Advertising partners
• Fraud prevention partners
• Real name
• Postal address
• Unique personal
• Identifier
• Customer number
• Email address
• Social security number
• Driver’s license number
Financial Information • Service-related third parties • Fraud prevention partners • Bank account number
• Other financial information
• Debit or credit card number
• Geolocation data
Online Identifiers • Affiliates
• Advertising partners
• Service-related third parties
• Professional advisors
• Advertising partners
• Fraud prevention partners
• Device data
• Identity data
• Internet Protocol address
• Cookies
• Pixel tags
Internet or Network Information • Affiliates
• Advertising partners
• Service-related third parties
• Professional advisors
• Advertising partners
• Fraud prevention partners
• Device data
• Online activity data
Geolocation Data • Advertising partners
• Service-related third parties
• Professional advisors
• Advertising partners
• Fraud prevention partners
• Geolocation data
Inferences • Affiliates
• Advertising partners
• Service-related third parties
• Professional advisors
• Advertising partners • May be derived from: Device data, Online activity data
Professional or Employment Information • Service-related third parties • None • Employer
Protected Classification Characteristics • Service-related third parties • None • Gender
Education Information • Service-related third parties • None • Personal information from an educational record
Physical Description • Service-related third parties • None • T-shirt size
Biometric Information • Service-related third parties • None • Voice recordings of calls to contact center


Statutory category Definition (categories may overlap)
Biometric Information An individual’s physiological, biological or behavioral characteristics. Biometric information includes, but is not limited to, imagery of the face and voice recordings.
Commercial Information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Education Information Personal information from an educational record, which could include: a student’s name, the address of a student or other indirect identifiers of the student (e.g., date of birth, place of birth, mother’s maiden name).
Financial Information Bank account number, debit or credit card numbers, insurance policy number, and other financial information.
Geolocation Data Precise location, e.g., derived from GPS coordinates or telemetry data.
Identifiers Real name, alias, postal address, unique personal identifier, customer number, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
Inferences The derivation of information, data, assumptions, or conclusions from any other category of Personal Information to create a profile about a person reflecting the person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
Internet or Network Information Browsing history, search history, and information regarding a person’s interaction with an Internet website, application, or advertisement.
Online Identifiers An online identifier or other persistent identifier that can be used to recognize a person, family or device, over time and across different services, including but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers (i.e., the identification of a person or a device to a degree of certainty of more probable than not) that can be used to identify a particular person or device.
Physical Description An individual’s physical characteristics or description (e.g., hair color, eye color, height, weight).
Professional or Employment Information This term is not defined in the CCPA, but likely includes any information relating to a person's current, past or prospective employment or professional experience (e.g., job history, performance evaluations).
Protected Classification Characteristics Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

PLEASE PRINT A COPY OF THIS PRIVACY POLICY FOR YOU RECORDS AND PLEASE CHECK THE WEBSITE FREQUENTLY FOR ANY CHANGES TO THIS PRIVACY POLICY.