Privacy Policy

THIS PRIVACY POLICY APPLIES TO YOU THE USER (“YOU” AND “YOUR”) AND YOUR ACCESS AND USE OF PROMISECARE DOULA NETWORK, LLC’S (INCLUDING ITS AFFILIATES, “PROMISECARE”) WEBSITE WWW.PROMISENETWORK.ORG (THE “SITE”). BY USING THE SITE, YOU AGREE AND REPRESENT THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AND YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THIS PRIVACY POLICY.  IF YOU DISAGREE WITH ANY PART OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE THE SITE.

PromiseCare controls and operates its business and the Site from within the United States of America.  PromiseCare’s online privacy practices are governed by the laws of the United States and the State of Pennsylvania, which may differ from privacy laws in Your state or home country.  By submitting Your personal information to PromiseCare or its agents, through the use of the Site, You consent to the transfer of Your personal information to any country and its use and disclosure in accordance with applicable U.S. Federal and State laws and with this Privacy Policy.

PromiseCare may change this Privacy Policy at any time for any reason.  Your continued use of the Site, after PromiseCare publishes changes, indicates Your acceptance of any changed terms.

 

What Kind Of Information PromiseCare Collects

Whether accessing the Site from Your home computer or Your smartphone or tablet, PromiseCare and its agents may collect information that identifies You or relates to You as an individual (collectively, “Your Information”), such as Your:

 

  • Date of birth (solely for purposes of verifying age requirement to use the Site);
  • Name;
  • Mailing address;
  • Telephone number;
  • E-mail address;
  • Username and password (for account administration);
  • Device ID, including IP address;
  • Geolocation (if using a mobile application and You consent to providing it); and
  • Additional personal information necessary for the administration of certain promotional events.

 

To the extent PromiseCare knowingly obtains certain legally protected information such as social security numbers, medical records/ HIPAA protected information, or other similar information, whether such information is Yours or a third-party’s that was obtained from You, PromiseCare will not use such information and will destroy it immediately.

In addition, PromiseCare may collect other types of data elements (collectively, “Other Information”) that do not reveal Your identity, including but not limited to:

 

  • Browser and device information, including operating system;
  • Demographic information and other information provided by You that PromiseCare may combine with other users of the Site or use on its own;
  • Mobile application usage data;
  • Aggregated information such as “click stream” information such as entry and exit points for the Site (including referring URLs or domains), certain Site traffic statistics, page views, and impressions; and
  • Information collected through cookies, pixel tags and other technologies described in more detail later in this Privacy Policy.

 

 

 

How PromiseCare Uses The Personal Information It Collects

PromiseCare may use Your Information and/or Other Information for purposes described in this Privacy Policy or as otherwise disclosed to You through the Site.  In addition to the purposes already described, PromiseCare may use Your Information and/or Other Information to:

 

  • Process and manage Your purchases and use of the Site;
  • Respond to Your inquiries or requests;
  • Create and deliver personalized promotions;
  • Communicate with You by mail, telephone, facsimile, e-mail, mobile alerts and/or SMS text messaging about PromiseCare, including about Your account, Your requests for information, and to update You about changes to the Site, this Privacy Policy, and other terms and conditions of use;
  • Communicate with You, including by mail, telephone, facsimile, e-mail, mobile alerts and/or SMS text messaging, in connection with PromiseCare marketing efforts, such as when PromiseCare sends You offers and promotions that You can take advantage of through the Site; and
  • Further PromiseCare business purposes, such as to perform data analysis, audits, fraud monitoring and prevention; to enhance, improve or modify the Site; to identify usage trends; to determine the effectiveness of PromiseCare promotional campaigns; and to operate and expand PromiseCare business activities.

 

PromiseCare may send You “transactional or relationship” communications, such as notices to facilitate a transaction You have conducted or messages that provide information about Your existing account, using various electronic communications, including e-mail and mobile communications.  Upon becoming a member of PromiseCare or purchasing any products or services through the Site, You may automatically receive e-mail communications from PromiseCare.  If, at any time, You decide You would rather not receive these types of communications from PromiseCare, You can opt-out by clicking the unsubscribe link at the bottom of any PromiseCare e-mail or contact PromiseCare by e-mail at mhaley@promisecaredoulas.com.

 

How PromiseCare May Disclose Personal Information It Collects

 

Your privacy is very important to PromiseCare.  PromiseCare generally will not disclose Your Information and/or Other Information to anyone, except in the following circumstances:

 

Service Providers.  PromiseCare may disclose Your Information and/or Other Information to third-party service providers to provide PromiseCare with services such as website hosting, payment processing, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services.

 

Affiliates.  PromiseCare may disclose Your Information and/or Other Information to its Affiliates for the purposes described in this Privacy Policy, including for marketing purposes.  As used in this Privacy Policy, “Affiliates” means the owners of PromiseCare and those companies that are owned by or under common control with PromiseCare or PromiseCare’s owners.

 

To Perform Services You Request.  PromiseCare may disclose Your Information and/or Other Information to third parties in order to perform services You request or functions You initiate.

 

Corporate Transactions or Events.  PromiseCare may disclose Your Information and/or Other Information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of PromiseCare’s business, assets, membership interests, or stock, including in connection with any bankruptcy or similar proceedings.

 

Legal Reasons.  PromiseCare may use or disclose Your Information and/or Other Information as PromiseCare deems necessary or appropriate: (1) pursuant to applicable law, including laws outside Your country or state of residence; (2) to respond to requests from public and government authorities including public and government authorities outside Your country or state of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages PromiseCare may sustain; (5) to protect PromiseCare operations or those of any of PromiseCare’s Affiliates; (6) to protect the rights, privacy, safety or property of PromiseCare, its Affiliates, You, and others; and (7) to enforce PromiseCare’s terms and conditions of use.

 

Other Reasons.  Except as otherwise stated or limited in this Privacy Policy, PromiseCare generally may use Your Information for any purpose not prohibited by law.  In particular, PromiseCare may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all other information, provided that such information does not personally identify You beyond how You are identified by use of the Site.

 

What PromiseCare Does Not Intend to Do With Your Information and Other Information

 

PromiseCare will not knowingly sell or otherwise provide Your Information and/or Other Information to any individual, company, association, or organization for marketing purposes or for any other commercial purposes, other than as specifically provided herein. PromiseCare will not knowingly sell or provide Your Information to any person, company, association, or organization who PromiseCare knows or has reason to believe has violated, is violating, or will violate the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003, the Children’s Online Privacy Protection Act or any other similar Federal or state law.

 

How PromiseCare Protects Your Information and Other Information

PromiseCare has implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Your Information and Other Information provided or collected through the Site. Your Information and Other Information can never be 100% secure and You should always take appropriate security measures to protect Your Information and Other Information.  If You believe that Your PromiseCare account or any information You provided to PromiseCare is no longer secure, please notify PromiseCare immediately through the “Contact PromiseCare” information provided below.

 

Use of Third-Party Payment Platforms and Other Third-Party Websites

 

PromiseCare uses third-party payment platforms such as, but not necessarily limited to, Braintree® and PayPal® (collectively, “Payment Platforms”) to process Your payments to PromiseCare for products and services offered by PromiseCare.   When You submit Your Information and/or Other Information through any Payment Platforms, or when You link to the Site through any social media platforms or other third-party websites, You are bound by the privacy policy and other terms of use or terms of service of the Payment Platform and other third-party websites and platforms.  PromiseCare does not control and is not responsible for the privacy practices or other terms of use or terms of service of any Payment Platform or any other third-party website or platform. You should consult the privacy policy and other terms of use or terms of service of any Payment Platform used by PromiseCare as well as any other third-party website or platform used by PromiseCare or linked through the Site to determine the information practices of those platforms and websites.

 

PromiseCare’s online store is hosted by Shopify®.  By using PromiseCare’s online store, You agree to be and are bound by the privacy policy and other terms of use or terms of service of Shopify®.  PromiseCare does not control and is not responsible for the privacy practices or other terms of use or terms of service of Shopify®.

 

PromiseCare’s Policy on Cookies, Interest-Based Advertising and “Do Not Track”

 

Cookies” are small text files placed in Your computer, smartphone, and tablet browser directories to store Your information about Your activities online.  A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the lifetime of the Cookie, and a value, usually a randomly generated unique number.  PromiseCare uses Cookies so that it can improve the Site.

 

If You do not wish to receive Cookies or wish to manage Cookies in general, You must configure your browser settings, if available, on Your computer, smartphone, and tablet.  Although You are not required to accept PromiseCare Cookies, if any, if You set Your browser to reject Cookies, You may not be able to use all of the features and functionality of the Site.  If You block or otherwise reject PromiseCare Cookies, if any, You may lose some of the functionality of the Site.  The Site may also use Cookies and other technologies such as pixel tags, web beacons and clear GIF files to help manage PromiseCare’s online advertising program.  PromiseCare and its advertising partners may use these technologies to track the actions of users of the Site, to measure statistics of PromiseCare marketing efforts, and to deliver advertisements on the Site that may be more relevant to individual consumers and that will improve the consumer experience on the Site.

 

Opting Out of Interest-Based Advertisements on the Mobile App

 

PromiseCare may collect certain unique mobile operating system IDs, such as Apple’s Identifier for Advertising ID (IDFA) or Google’s Android Advertising ID (AAID), to select, target, and deliver advertisements. You may be able to opt out of interest-based advertisements through the most recent applicable settings features of Your mobile device(s). These opportunities are subject to the offerings made available by the third-party operating system providers and subject to their privacy policies, and not any offerings by PromiseCare or this Privacy Policy.

 

Choice of Law, Jurisdiction

 

These Terms are governed by the laws of the State of Pennsylvania and of the United States of America without regard to conflict of laws rules.  Subject to the arbitration provisions set forth below, You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Allegheny County, Pennsylvania for purposes of any legal action arising out of or related to the use of the Site or this Privacy Policy.

 

Arbitration

 

NOTWITHSTANDING ANYTHING IN THIS PRIVACY POLICY TO THE CONTRARY AND TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND PROMISECARE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

 

Any dispute between You and PromiseCare (and its agents, employees, members, officers, directors, principals, successors, assigns, and/or Affiliates) arising from or relating to this Privacy Policy and its interpretation or the breach, termination or validity thereof, the relationships which result from this Privacy Policy, including disputes about the validity, scope or enforceability of this arbitration provision will be settled by binding arbitration in Allegheny County, Pennsylvania administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least sixty (60) days’ advanced written notice of its intent to file for arbitration. PromiseCare will provide such notice by e-mail to Your e-mail address on file with PromiseCare and You must provide such notice by e-mail to mhaley@promisecaredoulas.com with “Legal Dispute” appearing in the subject line.  During such 60-day notice period, You and PromiseCare will endeavor to settle amicably by mutual discussions any disputes.

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If the arbitrator determines the claim(s) You assert in the arbitration are frivolous, You agree to reimburse PromiseCare for all fees and expenses associated with the arbitration that PromiseCare has paid.

 

The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which You and PromiseCare hereby waive, and the arbitrator will apply applicable law and the provisions of this Privacy Policy.  PromiseCare and You agree that any dispute will be submitted to arbitration on an individual basis only.  Neither PromiseCare nor you are entitled to arbitrate any Dispute as a class, representative, or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative, or private attorney general basis.  If any provision of these arbitration provisions is found to be unenforceable, the unenforceable provision(s) will be severed and the remaining arbitration terms will be enforced. Notwithstanding the foregoing, in no case will there be a class, representative, or private attorney general arbitration. Regardless of any statute or law to the contrary, notice on any claim arising from or related to this Privacy Policy must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, this Privacy Policy and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C.§§ 1-16.

 

Severability

 

If any provision in this Privacy Policy shall be deemed invalid, void, or for any reason unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of this Privacy Policy.

 

California Rights.

 

Under California Civil Code sections 1798.83-.84, California residents who have established a business relationship with PromiseCare may request from PromiseCare a notice describing what categories of personal information PromiseCare shares with third parties or affiliates for those third-parties or corporate affiliates’ direct marketing purposes.  Such notice will identify the categories of information that PromiseCare shares and will include a list of the third parties and affiliates with whom the information was shared, including their names and addresses.  If You are a California resident and would like a copy of this notice, You must submit a written request to PromiseCare at 121 N. Main Street, Greensburg, PA 15601.  PromiseCare will respond will respond within sixty (60) days.

 

Children’s Online Privacy

PromiseCare strongly believes in the importance of protecting the privacy of children.  PromiseCare will not knowingly collect any personally identifiable information from individuals under eighteen (18) years of age.  When You disclose Your Information on or through the Site, You are representing to PromiseCare that You are at least eighteen (18) years of age.

If an individual under eighteen (18) years of age has provided PromiseCare with personally identifiable information through the Site, PromiseCare requests that a parent or guardian e-mail PromiseCare at mhaley@promisecaredoulas.com, and PromiseCare will delete the individual’s information from its records.

 

International

This English-language Privacy Policy is PromiseCare’s official statement of its Site privacy practices.  In case of any inconsistency between this English-language Privacy Policy and its translation into another language, this English-language document prevails.

 

Contact PromiseCare

 

If You have any questions regarding PromiseCare’s privacy practices, You can e-mail PromiseCare at mhaley@promisecaredoulas.com or write to PromiseCare at 121 N. Main Street, Greensburg, PA 15601.

 

Reservation of Rights

 

All rights not expressly granted herein are reserved by PromiseCare Doula Network, LLC.