VAGARO.COM PRIVACY POLICY

LAST UPDATED ON October 1, 2009.

This privacy policy applies to Your use of Vagaro, LLC’s ("Vagaro") website, located at www.vagaro.com (the "Site"), but not does apply to any third party sites that may be linked to it, or any relationships that You may have with the businesses, individuals or entities listed or advertised on the Site.

The terms “We” and “Us” refer exclusively to Vagaro. The terms “You”, “Your” and “Yourself” refer exclusively to You, as a user of any portion of the Site. The term “Personal Information” means information that You provide to Us, which personally identifies You as an individual to be contacted or identified, such as Your name, telephone number, e-mail address and any other data that is tied to such information.

BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE. YOU AGREE FURTHER TO BE BOUND BY ANY AND ALL ADDITIONAL POLICIES ADOPTED BY VAGARO CONCERNING THE SITE INCLUDING, BUT NOT LIMITED TO THE USER POLICY LOCATED HERE.

INFORMATION USE

We use commercially reasonable efforts to ensure that the collection of Personal Information is limited to that which is necessary to fulfill the business purposes of the site. If We use Your Personal Information for a purpose other than those disclosed herein, We will inform You of such use.

Account information. If You create an account in order to take advantage of the full range of services offered on the Site, We ask for and record Personal Information such as Your name, address and e-mail address. We may use Your e-mail address to send You updates and news, and contact You on behalf of other users of the Site (such as other users who send messages to You). You may choose to not receive e-mail of this type by accessing the “Account” tab on the Site and updating Your notification settings.

Submissions. We store, use and may publicly display Your submissions. When We display Your submissions, We do so together with Your account user name. The term “submissions” refers to the information that You submit or post to the Site for public display, such as ratings, reviews, photos, compliments and the information that You display as part of Your account profile.

Feedback. If You contact Us in order to provide feedback, register a complaint or ask a question, We will record any Personal Information and other content that You provide in Your communication so that We can effectively respond to Your communication.

Personal messaging. In order to allow You to send and receive personal messages to other registered users of the Site, We record the messages that You send and receive using the Site’s personal messaging feature. We also record messages sent directly to Us.

Activity. We record information relating to Your use of the Site, including, but not limited to, the pages You view, Your browser type, cookies (as defined below), history, browsing history, IP address, requested URL, referring URL and timestamp information. We use this type of information in order to administer the Site and provide the highest possible level of service to You. We may also use this information, in the aggregate and at the individual user-level, to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site. We may also use the above-referenced information to promote certain Vagaro or third-party products or services to You.

Cookies. We send cookies to Your computer in order to uniquely identify Your browser and improve the quality of Our service. The term “cookies” refers to small pieces of information that a website sends to Your computer’s hard drive while You are viewing the site. We may use both session cookies (which expire once You close Your browser) and persistent cookies (which stay on Your computer until You delete them). Persistent cookies can be removed by following Your browser help file directions. If You choose to disable cookies, some areas of the Site may not work properly or at all.

Enforcement. We may use the information that We collect in connection with Your use of the Site (including Your Personal Information) in order to investigate, enforce and apply Our User Policy and this Privacy Policy.

TRANSFER OF INFORMATION

We may distribute Your submissions to third parties, as permitted pursuant to Our User Policy [CODE HYPERLINK]. Such third parties, with or without Our knowledge or consent, may, in turn, publicly display or publish Your submissions in connection with their own websites and media platforms. When We distribute Your submissions to third parties, We typically include Your account name, but not Your Personal Information, unless You include Your Personal Information in Your submissions.

We may share Your Personal Information with third parties in order to provide You with services that We offer through the Site, conduct quality assurance testing, facilitate creation of accounts, provide technical and customer support or provide specific services, such as synchronization of Your contacts with other software applications, in accordance with Your instructions. These third parties are prohibited from using Your Personal Information other than to provide the services requested by You.

We may share Your Personal Information with subsidiaries, joint ventures or other companies under a common control (collectively, “Affiliates”) that We may have now or in the future. If another company acquires Our company or Our assets, that company will possess Your Personal Information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy, or any successor policy.

We may disclose Your Personal Information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply Our User Policy and this Privacy Policy; (c) comply with legal process, such as a search warrant, subpoena, statute or court order; or (d) protect Our rights, reputation and property, or that of Our users, affiliates or the public. Please note that We are not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that We receive.

We may disclose information to third parties relating to user behavior in connection with actual or prospective business relationships with those third parties, such as advertisers and content distributors. For example, We may disclose the number of users that have been exposed to, or clicked on, certain advertisements.

We may use third party advertising companies in order to issue internet advertisements when You visit the Site. These companies may use information (not including Your name, address, e-mail address or telephone number) about Your visits to the Site and other websites in order to provide advertisements about goods and services of interest to You. We do not guarantee or make any representations that We will not transfer Your information to third parties. Additionally, You acknowledge, confirm and assent to such transfer to third parties.

OTHERS’ INFORMATION

You may choose to provide Us with another person’s e-mail address so that that person may be invited to create an account on this website. We use this information in order to contact and, if necessary, remind that person about the invitation. By providing Us with another person’s e-mail address, You represent to Us that You have obtained the consent of the person concerned with regard to such disclosure to Us of their Personal Information. All invitees are provided with the option not to receive further invitations. We may disclose such information if required to do so in order to comply with legal process, as described above.

LINKS

The Site may contain links to third party websites to which We have no affiliation. We may share Your Personal Information with those third parties, and are not responsible for their privacy practices. We suggest that You read the privacy policies of all such third party websites.

CONTROLLING YOUR PERSONAL DATA

To the extent that You include Personal Information in Your submissions (such as a photo of Yourself), third parties may be able to identify You, associate You with Your user account and/or contact You. Please do not include information in Your submissions that You expect to keep private. In addition, You can reduce the risk of being identified personally by choosing a fictitious account name, though doing so could detract from the credibility of Your submissions. As a registered Vagaro user, You can modify some of Your Personal Information and Your privacy preferences by accessing the “Account” section of the Site.

Security

Your account is password protected. We use industry standard measures to protect the Personal Information that is stored in Our database. We limit the access to Your Personal Information to those employees and contractors who need access to perform their job function. If You have any questions about the security of the Site, please contact Us. Although We take appropriate measures to safeguard against unauthorized disclosure of information, We cannot assure You, or otherwise guarantee, that Your Personal Information will never be disclosed in a manner that is inconsistent with this Privacy Policy. You hereby acknowledge and agree that Vagaro is not responsible for any intercepted information sent via the internet, and You hereby release Vagaro, its members, agents, employees, affiliates, successors and assigns from and against any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

E-MAILS AND OPT-OUT

You may opt-out of receiving notifications from Us by changing Your notification settings under the “Account” tab after You log-on to the Site. Unregistered users who receive e-mails from Us may also opt-out of receiving further e-mails by following the instructions contained in Our e-mails. Despite Your indicated e-mail preferences, We may send You notices of any updates to Our User Agreement or this Privacy Policy.

TERMS AND MODIFICATIONS TO THIS PRIVACY POLICY

We may modify this Privacy Policy at any time, in Our sole discretion and We will post any new versions on the Site. If We make any material changes in the way that We use Your Personal Information, We will notify You by sending an e-mail to the last e-mail address that You provided to Us and/or by posting notice of the changes on the Site. Any such changes will be effective upon the earlier of five (5) calendar days following Our dispatch of an e-mail notice to You or five (5) calendar days following Our posting of notice of the changes on Our website. These changes will be effective immediately for new users of the Site. Please note that at all times You are solely responsible for updating Your Personal Information and to provide Us with Your most current e-mail address. In the event that the last e-mail address that You have provided Us is not valid, or for any reason is not capable of receiving the notice described above, Our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect Our use of the Personal Information that You provided Us prior to Our notification to You of the changes. If You do not wish to permit changes in Our use of Your Personal Information, You must notify Us, prior to the effective date of the changes, that You wish to deactivate Your account with Us. Continued use of the Site following notice of such changes shall confirm Your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

CONTACT

If You have any concerns relating to this Privacy Policy You may correspond with Us at the following address:

Vagaro, LLC
Privacy Officer
3090 Independence Drive suite 200
Livermore, CA 94551
E-mail: sales@vagaro.com

In Your letter, please describe in as much detail as possible ways in which You believe the Privacy Policy has not been complied with. We will investigate Your complaint promptly.