Privacy Policy

At Mission Critical Protocols, Inc. (“MC Protocols,” “we,” “our,” or “us”), we are committed to protecting the privacy and security of your Personal Information. This privacy policy (the “Privacy Policy”) sets forth our online data collection, use and sharing practices and applies to any Internet web site, mobile app or other software published and made available by MC Protocols (individually and collectively, the “App”). Please also view our End User License Agreement for explanation of additional terms governing your use of our App and associated Services.

Please read the terms of this Privacy Policy carefully. If you do not agree to the terms in their entirety, you may not access or otherwise use the App. You agree to the terms of this Privacy Policy when you (a) access or use the App and/or (b) access links to our Social Media Pages.

WHEN YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU ARE AGREEING TO A DISPUTE RESOLUTION POLICY THAT INCLUDES (1) A REQUIREMENT TO ARBITRATE ANY CLAIM, DISPUTE OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATE TO THIS PRIVACY POLICY OR YOUR USE OF THE APP. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE YOUR DISPUTE; AND (2) A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. SEE END USER LICENSE AGREEMENT FOR MORE INFORMATION.

We are not responsible for the content on, or the privacy practices of, any third-party website not owned by us to which the App links or that link to the App. If you visit, or submit information to, any of those third-party websites, your visit and information are governed by the privacy statements of the third parties who own or operate those websites. We encourage you to carefully read the privacy statements of any website you visit.

1. Definitions

a) “Consumer” means an individual consumer who accepts the End User License Agreement and accesses or uses any part of the App.

b) “Cookies” means small pieces of data from an application or website stored on your device (computer or mobile device) that can be retrieved by the application or website at a later time.

c) “End User License Agreement” means the current version of MC Protocols’ End User License Agreement.

d) “Non-Personally Identifiable Information” means information that is automatically gathered by MC Protocols’ servers from your web browser when you visit the App, including internet protocol (IP) addresses, browser type, operating system, Internet service provider (ISP), referring and exit pages, platform type, date/time stamp, click data, number of clicks, and other technical information about or from your computer in order to analyze trends, administer the App, track Consumers’ movements, and gather and analyze demographic information. This information is not linked to Personal Information unless you are an active customer, or have otherwise provided such information to us.

e) “Personal Information” means information about a living individual who can be identified from such information (or from those and other information either in our possession or likely to come into our possession).

f) “Service Provider(s)” means any natural or legal person who provides services in connection with the App or the Services.

g) “Services” means the services provided to Consumers via the App.

h) “Social Media Pages” means MC Protocols’ social media pages or accounts on third-party social media websites, such as Facebook®, Instagram®, Pinterest®, SnapChat® and Twitter®.

2. How We Collect Your Data.

We collect information in different ways from you when you access the App. We collect information from you in the following ways:

1. When you use the App, we and/or our Service Providers may collect, store, use and share your Personal Information and Non-Personally Identifiable Information in accordance with this Privacy Policy.

2. When you access the App using a mobile device, we may collect your Personal Information and your device identity (also called a UDID).

3. When you access our Social Media Pages, we may collect your Personal Information and your user ID and/or username associated with that social media service, any information or content you have permitted the social media service to share with us, such as your profile picture, email address, or friends lists, and any information you have made public in connection with that social media service.

4. Through third party tools, such as Cookies, web beacons and other technologies throughout the App.

3. How We Process and Use Your Personal Information.

a) We may process and use your Personal Information primarily to perform a contract with you, and to otherwise perform a service that you request, including, but not limited to:

i. To create your account and authenticate you.

ii. To permit you to log into the App.

iii. To facilitate your use of the Services.

iv. To communicate with you via email about registration of your account and your transactions on the App.

v. To send you periodic emails.

vi. To respond to questions or other requests.

vii. To contact you with respect to your use of the App or changes to the Privacy Policy or the End User License Agreement.

viii. To update and maintain the accuracy of our information.

ix. To use for our internal business purposes.

x. To send you other notices in order to comply with applicable laws and regulations.

xi. For other purposes disclosed at the time you provide information to us.

b) We may also use your Personal Information because it is necessary for our or a third party’s legitimate interests and it’s not overridden by your rights. In this respect, we may use your Personal Information to:

i. To contact you via email, postal mail, or telephone to learn more about your preferences, to conduct market research, and to learn more about how we can improve our offerings.

ii. To track performance of the App to make your visit better and for aggregate analytics.

iii. To analyze trends, measure page views and performance, administer the App, track Consumers’ movements around the App, and to gather demographic information about our end user base as a whole.

c) We may also process your Personal Information for our compliance with our legal obligations. In this respect, we may use your Personal Information for the following:

i. When necessary to conform to legal requirements or to respond to a subpoena, search warrant, or other legal process received by us, whether or not a response is required by applicable law.

ii. When necessary to enforce or apply our End User License Agreement and other related agreements.

iii. To protect our rights or the property or safety of our employees, Consumers, or members of the general public.

4. With Whom Will We Share Your Personal Information.

a) Personal Information. We generally do not share your Personal Information with third parties. However, we may disclose your Personal Information to Service Providers as necessary to provide the Services, process your order, optimize the App, and to conduct marketing services on our behalf:

i. If we have received your permission beforehand.

ii. With our employees, if necessary, for the development, improvement, and provision of the App. Our employees must have a business reason to obtain access to your Personal Information.

iii. With Service Providers, such as licensed retailers, web hosting companies, and other Service Providers, such as mail and e-mail distributors, data monitoring and analytics companies, companies that help us market our products and services, survey sites and mobile payment processors, when necessary for the purposes of providing the Services. We require these Service Providers to comply with privacy policies that are no less stringent than those set forth herein and to use the information only to perform their obligations to us.

iv. Under certain circumstances, if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

v. If, in good faith, we believe that such action is necessary to comply with a legal obligation or to protect and defend our rights or property.

vi. To a successor entity upon a merger, consolidation or other corporate reorganization in which we participate or to a purchaser of all or substantially all of our assets.

vii. With the organization administrators who create the information to which the end user subscribes.

b) Non-Personally Identifiable Information. We may share Non-Personally Identifiable Information we collect from you with third parties without express notice to or consent from you, and we may exploit, use and disclose Non-Personally Identifiable Information without limitation of any kind. We may share aggregate or summary information regarding our customers that does not identify you personally with partners, advertisers, or other third parties.

c) Right to Transfer. As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution, or similar event, the Personal Information and Non-Personally Identifiable Information you provide to us or that we have gathered about you may be part of the transferred assets, and we may assign any of our rights and delegate any of our duties under this Privacy Policy at any time, without your consent, at our sole discretion. This Privacy Policy, along with the End User License Agreement, will inure to the benefit of our successors, assigns, and licensors, provided that any such party’s use of your Personal Information complies with the terms of this Privacy Policy.

5. Your Data Protection Rights and Choices.

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us using the details set out below. You have the right to:

a) Access or update the information we have on you. Find out if we use your Personal Information, access your Personal Information and have it corrected or amended if it is inaccurate or incomplete.

b) Withdraw consent. Withdraw any express consent that you have provided to the processing of your Personal Information at any time without penalty.

c) Object. You have the right to object to our processing of your Personal Information.

d) Data portability. Obtain a transferable copy of some of your Personal Information which can be transferred to another provider when the Personal Information was processed based on your consent.

e) Rectification. If you believe your Personal Information is inaccurate, no longer necessary for our business purposes, or if you object to our processing of your Personal Information, you also have the right to request that we restrict the processing of your data pending our investigation and/or verification of your claim.

6. Deletion or restriction.

a) Request your Personal Information be deleted or restricted under certain circumstances. If you wish to exercise any of these rights, or raise a complaint on how we have handled your Personal Information, please contact us at support@mcprotocols.io.. You additionally have a right at any time to stop us from contacting you for promotional marketing purposes. If now or in the future you receive promotional or electronic newsletter communications from us, you may indicate a preference to stop receiving such communications from us, and you will have the opportunity to “opt-out” by clicking the “Unsubscribe” hyperlink at the bottom of all such communications or by contacting us at suppor@mcprotocols.io. Notwithstanding your indicated email marketing preferences, we may send you administrative emails, for example, updates to our Privacy Policy or the End User License Agreement.

b) Retention of Data. We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to perform a contract with you, comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

c) Security of Data. While we strive to secure the information we collect, even reasonable security measures do not guarantee the security of information transmitted via the Internet. We cannot guarantee that information we seek to protect will be protected under all circumstances, including those beyond our reasonable control. You acknowledge and agree that you transmit information to us via the App at your own risk. Additionally, if you share emails you receive from us with others, you may be unintentionally sharing your Personal Information contained in these emails with such parties, and you acknowledge that you will be sharing it at your own risk.

d) Service Providers. We may employ Service Providers to perform services related to the App and the Services or to assist us in analyzing how the App is used. Each of these Service Providers is contractually obligated to provide services to us in a manner consistent with this Privacy Policy. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose and must comply with the requirements for third party processors set forth in this Privacy Policy.

e) Our Liability for Transfers of Your Personal Information. We require Service Providers to whom we disclose your Personal Information to contractually agree to (i) only process such Personal Information for the limited and specified purposes consistent with the consent you provide; and (ii) provide the same level of protection to your Personal Information as required under this Privacy Policy; and (iii) notify us if the Service Provider determines that it can no longer meet the foregoing obligations. In addition, when we transfer your Personal Information to a Service Provider acting as our agent, we will: (i) transfer such Personal Information only for the limited and specified purposes consistent with the request or consent you provide; (ii) contractually require the Service Provider to provide at least the same level of privacy protection as is required by this Privacy Policy; (iii) require the Service Provider to notify us if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the this Privacy Policy. Should we receive any such notice, we will take reasonable and appropriate steps to stop and remediate any unauthorized use of Personal Information.

f) Children’s Privacy. We do not knowingly collect Personal Information from people under the age of eighteen (18). If we become aware that we have collected Personal Information from an individual who is under the age of eighteen (18), we will remove that individual’s Personal Information from our files. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.

g) Disputes. This Privacy Policy, and any disputes arising out of it, will be governed by the laws of the State of California, regardless of its conflict of law principles. WHEN YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU ARE AGREEING TO A DISPUTE RESOLUTION POLICY THAT INCLUDES, TO THE EXTENT PERMITTED BY LAW, (1) A REQUIREMENT TO ARBITRATE ANY CLAIM, DISPUTE OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATE TO THIS PRIVACY POLICY OR YOUR USE OF THE APP. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE YOUR DISPUTE; AND (2) A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. SEE END USER LICENSE AGREEMENT FOR MORE INFORMATION.

h) Changes to This Privacy Policy. We may change this Privacy Policy from time to time without notice to you. We encourage you to refer back to this policy periodically to ensure you are aware of our current policy. Your continued use of the App following the posting of any amendment, modification, or change to this Privacy Policy shall constitute your acceptance thereof.

i) Consumers from California. Under California Civil Code sections 1798.83-1798.84, California residents are enHeadingd to ask us for a policy identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this Privacy Policy, please submit a written request to the address below. It is our policy to not disclose your Personal Information to third parties. 14. Contact, Questions, or Feedback Contact Us. If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you, please contact us by emailing us at support@mcprotocols.io.

Last updated: 11/26/2023