Privacy Policy

This Privacy Policy describes how Towboss LLC, and its subsidiaries and affiliates (collectively, “Towboss”, “we”, “us” and/or “our”) collects and manages your personal information - meaning information that relates to an identified or identifiable individual - as part of providing any services and products developed or administered by us, including without limitation our reputation management tools, messaging and communication tools, payment processing and related services, application programming interfaces, web and mobile applications, and any other services Towboss may offer (collectively, the “Services”).

1. SCOPE. This Privacy Policy primarily covers:

• “Clients”: companies, organizations, or other entities that have contracted with Towboss for the Services. Where this term is used in this Privacy Policy in the context of the processing of the personal information of a Client, it refers to a Client that is an individual.

• “Authorized Users”: employees, agents, contractors, and any other users (including but not limited to Developer Partners or Third-Party Providers) whom a Client has authorized to access the Services on its behalf.

• “Customers”: individuals who are current or potential clients or customers of a Client.

In addition to the above, this Privacy Policy applies to individuals who visit www.towboss.com (“Website”), which is part of the Services. In this Privacy Policy, “you” and “your” refers to you the reader, and how we process your personal information will depend on whether you are a Client, Authorized User, Customer, or Website visitor. By using the Services or otherwise providing us with personal information, you acknowledge that your personal information will be processed and used in the manner set out in this Privacy Policy. We may amend this Privacy Policy from time to time.

2. PERSONAL INFORMATION WE COLLECT. What personal information we collect depends on the nature of your interaction with the Services. While some personal information is collected automatically or through sources outside of Towboss, most is collected when you use our Services. A breakdown of our collection practices is below. In all cases, the actual personal information we collect will vary depending on the Services used and your relationship with Towboss.

2.1. Personal Information Collected Through the Services.

A. Information Provided by Clients and Authorized Users

If you are a Client or an Authorized User, we collect personal information from you in connection with your Subscription Document and use (or prospective use) of the Services, such as:

• name;

• address and other general location details;

• email;

• phone number;

• information relating to your role, such as your job title;

• content of communications sent or received via the Services, such as text messages, message attachments, transcripts of calls made or received using the Towboss phone service and voice recordings if a Client chooses to record calls. Clients are responsible for obtaining any required consent from call participants in order to record calls made or received via Towboss.

As part of our registration process and agreement to provide the Services, we may also collect additional information, such as your employer identification number and other business-related information. When you add payment information to your account, we use a third-party service provider to collect and store your payment information.

B. Information Provided by Customers

If you are a Customer, we collect information from you through your use of the Services, which may include your use of our Webchat widget, contact forms, review invitations, payments service, and other related products. We also collect your personal information when you communicate with a Client via text message, phone, email, social media, or otherwise, or make a purchase from or otherwise complete a transaction with a Client.Depending on the Services you use, we may collect personal information such as your:

• name;

• contact details, such as your phone number and email;

• address and other general location details;

• transaction information (e.g. payment method, and amount of payment);

• reviews and feedback in relation to your experience with our Clients and

C. Website Visitors

We may also collect personal information when you visit our Website to browse, request information about our Services, schedule a product demo, or you subscribe to our media channels (e.g., blogs, etc.). This personal information may include your:

• name;

• email;

• phone number;

• business name;

• website; and

• job title.Certain information may also be collected automatically when you visit our Website. For more information, see the Information Collected Automatically subsection below.

D. Business Partners

If you are a business partner integrated with Towboss or looking to do so, we collect information such as your name and contact details as part of your application to integrate with our Services.

2.2 Information Collected Automatically.

We collect certain information automatically whenever anyone uses our Services - whether you are a Client, Authorized User, Customer, or Website visitor.

A. Usage Information

We automatically collect details of your use of our Services, including traffic data, location data, logs, communication records (such as time of call or text message, call duration, call completion status, etc.) and other communication-related data, and the resources you access and use through the Services. We may also create inferred or derived data, such as a summary of information included in content processed by our artificial intelligence features.

B. Widget Information

Other websites, such as our Clients’ websites, may integrate Towboss’s widgets (such as Towboss Webchat). When you visit a site with an embedded Towboss widget, we receive certain information about you, including information about the web page you visited and other information about your device.

C. Device Information

We receive information about the device and software you use to access our Services, such as your internet protocol (IP) address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push notification tokens.

D. Information from Cookies and Similar Technologies

The information we collect automatically by cookies, web beacons, and similar technologies may include:

• information about your device, such as your device type and model and device ID (e.g., MAC address);

• information about your browser, settings (e.g., language), and operating system;

• your IP address; and

• browsing and usage activity, such as the referring domain and what content you have viewed or actions you have taken on our Services.

2.3 Personal Information Collected from Other Sources.

Depending on whether you are a Client, Authorized User, Customer, or a Website visitor, we may also collect information from you that is publicly available. For example, we may source information about a business from public search pages, or receive information about you if you interact with us or share your information through various social media channels.

3. HOW WE USE PERSONAL INFORMATION. We use your personal information to provide you and our Clients with our Services and to manage our business operations. This includes communicating with you as part of our Services, as well as use for advertising and marketing purposes and as otherwise permitted by law. The nature of how we use personal information will depend on the specific Services you use, and may vary depending on whether you are a Client, Authorized User, Customer, or Website visitor. A more detailed breakdown of how we use personal information is below.

3.1 Providing Our Services.

We may use your personal information to:

• provide, maintain, improve, and enhance our Services and provide support and training related to our Services;

• determine eligibility to use certain Services;

• analyze the performance and assessing the effectiveness of our Services;

• creating and developing analytics for the benefit of our business and the businesses of our Clients;

• research purposes, including the development of new offerings; and

• to process transactions through the Services.

3.2 Advertising and Marketing.

We may use your personal information to:

• send marketing communications regarding existing or new features of our Services that we think might interest you;

• display advertisements for Towboss on social media and other third-party platforms;

• estimate our audience size and usage patterns; and

• enable our Clients to advertise their products and services to Customers.

3.3 Communicating With You.

We may use your personal information to communicate with you or provide information you have requested, such as:• providing notifications in relation to the Services and other customer support;

• sending you materials from our Website that you requested;

• providing you with our newsletters and other subscription materials;

• sending you digital receipts; and

• responding to feedback that you have provided in relation to our Services or, if you are a Customer, the products and services of our Clients.

3.4 Legal, Compliance, and Security.

We may use your personal information for legal, compliance, and security-related purposes, including to:

• enforce our Terms of Service or other legal rights. Specifically, we may monitor text message and other content to detect spam, fraudulent activity, and violations of our Acceptable Use Policy;

• comply with our legal obligations

• perform our contractual obligations.

4. DISCLOSURE OF YOUR PERSONAL INFORMATION. In certain instances, Towboss may share the personal information it processes in order to provide our Services and for other purposes, as described in detail below.

4.1 PROVIDING THE SERVICES. We may share personal information with our Clients and their Authorized Users to provide the Services, fulfill requests, and for other purposes as described in this Privacy Policy. If you are a Customer, as part of providing the Services (for example, when you use our Webchat widget on a Client website, or leave a review for a Client), Towboss will share your personal information with the applicable Client, such as your contact information, transaction details, and review and communication content.If a Client integrates Towboss with other applications or platforms, we may share personal information with the third-party integration partners selected by the Client when Towboss is instructed to share that information as part of the Services.We may also share personal information with third parties to provide, maintain, and improve our Services, including service providers who may access information about you to perform services on our behalf or on behalf of our Clients, such as hosting and information technology services, payment processing services, identity verification and fraud prevention services, marketing and advertising services, data analytics and personalization services, and customer support services. Additionally, we may share personal information we receive with our subsidiaries and affiliates for any of the purposes described in this Privacy Policy.

4.2 Legal, Compliance, and Security.

We may share personal information if we believe it is necessary:

• to protect our rights or property, or the security or integrity of our Services;

• to enforce our Terms of Service or other applicable agreements or policies;

• to investigate, detect, and prevent fraud and security breaches, and protect us, users of our Services, and the public from harm or potentially prohibited activities;

• for public safety and in the provision of emergency services; and

• to comply with any applicable law, regulation, legal process, or governmental request (including, for example, a court order, subpoena, or search warrant).

4.3 Sale, Acquisition, Merger or Other Asset Transfers.

We may share personal information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Towboss's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Towboss is among the assets transferred.

5. COOKIES AND SIMILAR TECHNOLOGIES. Towboss and third parties described below may use cookies, pixels, and other tracking technologies as part of providing the Services and for the purposes described in this Privacy Policy.

5.1 Tracking Technologies.

A “cookie” is a small text file placed and saved in your browser when you access our Services and potentially the websites of our Clients, business partners, and other third parties. We may use both session cookies (cookies that are stored only for a specific website visit) and persistent cookies (cookies that are stored beyond a specific website visit) to provide the Services and for the other purposes described in this Privacy Policy. These cookies may be set by us (first-party cookies) or by third parties that collect information on our behalf (third-party cookies), such as Google Analytics.There are other tracking technologies, such as pixels, tags, and embedded scripts, that consist of small transparent image files or other web programming code that record how you interact with websites and mobile applications. They are often used in conjunction with cookies or other identifiers associated with your device.

5.2 How We Use These Technologies.

Towboss may use these technologies:

• to provide our Services (e.g., authentication within the check-out process);

• to uniquely identify you and/or your device;

• to store your preferences as part of providing the Services;

• for personalization and targeted advertising purposes;

• for security and fraud-prevention purposes;

• to analyze and monitor the performance of our Services;

• to improve and develop new Services; and

• to understand your use of the Services over time.We may use web analytics services such as Google Analytics to collect and process certain analytics data.

5.3 Your Choices.

There are ways to control and/or reject the setting of cookies and similar technologies within your browser settings. As each browser is different, please consult the “help” menu within your browser. For additional information about cookies and how to control their use on various browsers and devices, you can visit http://www.allaboutcookies.org. Please be aware that depending on the Services being used, restricting cookies may prevent you from accessing and using all or part of the Services.

6. RETENTION. We retain personal information as long as reasonably necessary to provide the Services and for the other purposes set forth in this Privacy Policy.

7. YOUR RIGHTS AND CHOICES. We strive to provide you with choices regarding the personal information we process about you. Depending on the nature of your relationship with Towboss, you may be able to manage your personal information and preferences directly as part of the Services or by contacting Towboss, as described below.

7.1 Managing Information.

Your ability to update and manage the personal information we process will differ depending on your relationship with Towboss and what Services you use.

A. Clients and Authorized Users

We rely on you to ensure that the information in your account is accurate, complete, and up to date and ask that you notify us of any changes to your personal information. If you are a Client or Authorized User, you may access, change, or correct certain information by emailing us at [email protected] to request access to, correct, or delete any personal information that you have provided to us or we have collected. We may need to verify your identity before processing your request. In certain instances, we may not be able to accommodate your request due to legal, contractual, or technical restrictions. Please note that as we cannot delete all of your personal information except by also deleting your Towboss account.

B. Customers

When we provide our Services to our Clients and their Authorized Users, we generally act as service provider on their behalf. This means that when we receive and otherwise process information pertaining to Customers as part of providing the Services, such as Customer names, contact information, text messages, call records, etc., we do so on behalf of our Clients and in accordance with their instructions. As such, if you wish to access, modify, or delete any personal information or the content of communications Towboss processes as a service provider or data processor on behalf of a Client, you should direct your request to that Client rather than to Towboss. In other instances, if applicable, contact us as described in the Contact Us section of this Privacy Policy.We will respond to your request as soon as reasonably practicable. Please note that in certain circumstances, we may refuse to act or impose limitations on your rights, as permitted by the applicable law. If we cannot process your request, we may inform you of the reasons why, subject to any legal or regulatory restrictions, and outline further steps available to you.

7.2 TOWBOSS COMMUNICATIONS. As part of providing the Services, Towboss (whether directly or through a third party) may send you different types of communications.

A. Marketing Communications

Towboss may send you marketing and other promotional communications for new or existing Services that we think you might be interested in. These communications may include promotional emails, and marketing text messages if you have opted in to receive them. You may unsubscribe from Towboss’s promotional emails via the unsubscribe link provided in such emails. To stop receiving marketing text messages from Towboss, text “STOP” in response to any Towboss marketing text message you receive. If you unsubscribe from Towboss marketing text messages and wish to resubscribe, reply “START.”If you are a Customer, our Clients may also send you marketing and promotional communications as part of their use of the Services. In these instances, please follow the instructions within those messages to opt out or reach out to the Client directly.

B. Other Communications

As part of your interaction with our Services, you may receive various non-marketing communications from Towboss via email, text message, or telephone. These include, but are not limited to:

For Clients and Authorized Users:

• communications relating to Towboss’s Services and demo requests (for prospective Clients);

• onboarding-related communications pertaining to setting up the Services; and/or

• communications pertaining to Services that you are using or are under your account.

For Customers:

• communications by Clients through the Services, such as appointment reminders, updates, forms, payment and review requests, and other business related communications; and/or

• responding to feedback that you have provided in relation to the Services of Towboss or one of our Clients.

8. SECURITY. Where we have given you (or you have chosen) a password for access to certain features of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Towboss strongly recommends Clients use multi-factor authentication. We cannot guarantee that the collection, transmission, and storage of personal information will always be completely secure.

9. CLIENT PRACTICES AND LINKS TO OTHER SITES. This Privacy Policy only applies to information Towboss processes when you visit our Website or otherwise use our Services. Towboss’s Clients are independent third parties that maintain their own business practices and policies outside of their relationship with Towboss and their use of the Services. As a result, we are not responsible for the privacy policies or data practices of our Clients.Moreover, while visiting our Website or using the Services, you may be directed through links to third-party websites or services that are not operated or controlled by Towboss. We are not responsible for the privacy practices and policies of these third parties, and we encourage you to review the privacy policies of these third parties, as their practices may differ from ours.

10. CHILDREN. Our Services are not targeted to or directed at children under the age of 18, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 18. If you have reason to believe a child under the age of 18 has provided personal information to us, we encourage the child’s parent or guardian to contact us as described in the Contact Us section of this Privacy Policy to request that we remove the information from our systems.

11. LOCATION-SPECIFIC DISCLOSURES: CALIFORNIA. We prioritize your privacy and are committed to complying with the California Consumer Privacy Act (CCPA). This privacy policy explains how we collect, use, share, and how clients, customers, authorized users, and website users can opt-out/delete personal information. If a California user wishes to correct personal information contact Towboss. To exercise your rights or make a request, please contact us at [email protected]. We will verify your identity before processing your request.

12. CHANGES TO OUR PRIVACY POLICY. Towboss will post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the bottom of this page. If we make material changes to how we process personal information, we may notify Clients and Authorized Users by email to the primary email addresses specified in their accounts. If you are a Client or Authorized User, you are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this Privacy Policy to check for any changes.

13. CONTACT US. If you have questions about our Privacy Policy please email us at [email protected]. In the event you are a user with a disability, or are supporting an individual with a disability, and are having difficulty navigating this Privacy Policy or the information linked within this Privacy Policy or any other page please contact us at [email protected].

Effective: January 23, 2025

Acceptable Use

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