MON AMI, INC - PRIVACY POLICY

Last Updated: March 13, 2024

Mon Ami, Inc. (“Mon Ami”) respects your privacy and is committed to protecting it. Please read this Privacy Policy carefully to understand how Mon Ami collects and uses your personal information and data. This Privacy Policy applies to all Personal Information that we receive from various sources, as outlined below. By using this website, you signify your acceptance of this Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to this policy will be deemed your acceptance of those changes.

For purposes of this Privacy Policy, “Personal Information” may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address or phone number and other information you may produce to us. Both federal and state law in the United States define Personal Information or Personal Data, as do the laws of Canada, the European Union, and other countries and jurisdictions. This Privacy Policy is intended to include the most expansive definition. However, please recognize that your rights related to Personal Information, and how Personal Information is defined, differ somewhat from state to state and country to country.

Changes to Privacy Policy We review this Privacy Policy regularly and may update it from time to time. We will post any changes on this page and may also provide notice of material changes to our Privacy Policy on our website home page or through our online SaaS (software as a service) subscription service. We encourage users to frequently check this page for any changes to stay informed about how we are helping to protect the Personal Information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

PERSONAL INFORMATION THAT WE COLLECT

In connection with our business, we collect and process the following categories of Personal Information of individuals:

  • contact information (which may include name, physical address, telephone, and email address)
  • information regarding your electronic device(s) and IP address
  • information regarding your use of our subscription service or other services
  • internet use information
  • personal health information as defined by the Health Insurance Portability and Accountability Act (“HIPAA”).

HOW WE COLLECT YOUR PERSONAL INFORMATION

General. We collect Personal Information when you or your employer or organization register an account with us, when you visit our website, when you use our services or software, participate in a feature of our website that requests or requires your Personal Information, and when you otherwise transact business with or communicate with Mon Ami.

Data received from software/subscription service users. Our customers who license our software/subscription service have employees who are granted administration rights to create user accounts for other employees and designated persons. These customers act as data controllers (“Controllers”) in the use of the software and the collection and processing of Personal Information, including personal health information, in connection with our software. In such cases, our role in processing the Personal Information provided by our customers is as a “Processor,” since we are processing data on behalf of the Controller (who is the customer). As a Processor, we are obligated to process this Personal Information as part of our license agreement entered with the customer. The Personal Information collected in this scenario generally includes the name and email of each assigned user, but may also include information related to employment, such as job title and role, scheduling information assigned to an individual and maintenance tasks performed by an individual. Processing of this Personal Information is performed on behalf of the customer and for the purpose of providing the services requested by the customer. Our collection and processing of personal health information is subject to our obligations under a business associate agreement with the applicable customer, which protects your personal health information in accordance with HIPAA and other applicable laws.

Data obtained for marketing purposes for potential customers or others. We obtain marketing data from third parties that we use to reach out to inform potential customers and others of the services offered by our organization. The Personal Information collected generally includes the email address of a potential customer or other and may also include their name and phone number. We also use the contact information provided to us by our customers to communicate information about our products and services, which may include marketing our products and services.

Cookies and Other Tracking Technologies. Mon Ami uses tracking technologies such as cookies to collect information from your web browser through our servers or filtering systems when you visit our website(s).

Cookies are small text files placed on a user's computer with the user's browser to collect standard internet log information and to enable our website to track a user's activities on the website. We use cookies to: (1) keep you signed in on our website; (2) enable website features for you; (3) help us understand how you use our website and what products or services may be most relevant to you; (4) provide analytics to improve website performance and effectiveness; and (5) store user preferences. Cookies may also be set within emails in order to track how often our emails are opened. We may share this information with our affiliates and service providers.

You can change your web browser settings at any time to stop accepting cookies or to prompt you before accepting a cookie from the sites you visit. If you do not accept cookies, however, our website may not function properly for you, and you may not be able to use some sections or functions of our websites.

To learn more about cookies and how to manage and delete them, visit http://www.allaboutcookies.org.

Information collected may include but is not limited to your browser type, your operating system, your language preference, any referring web page you were visiting before you came to our site, the date and time of each visitor request, and information you search for on our sites. We can also track the path of page visits on a website and monitor aggregate usage and web traffic routing on our sites.

Special categories of data not collected. We do not actively collect or otherwise process Personal Information from minors. The age of a minor varies by jurisdiction. For purposes of the Children's Online Privacy Protection Act (COPPA) in the U.S., the age of a minor protected by such law is under age thirteen (13).

HOW WE USE YOUR PERSONAL INFORMATION

We may use and process Personal Information for any purpose that is permitted under applicable data protection laws in accordance with this Privacy Policy. “Processing” of Personal Information includes collecting, recording, organizing, structuring, storing, altering or modifying, retrieving, transmitting, disclosing or otherwise making available to third parties, deleting, and otherwise using or dealing with your Personal Information. We may process your Personal Information with or without automatic means.

These purposes include:

  • Our business purposes, including addressing customer service issues; processing quotes, invoices and payments; collecting debts; planning and conducting marketing activities, tradeshows, trials, consultations, seminars, webinars, and demonstrations; responding to inquiries; conducting web analytics, security monitoring, and business operations and administration; and addressing tax and other regulatory requirements.
  • Purposes related to our software products, including SaaS or cloud-based software. These purposes include licensing and operation of the software, remote management, education and information services, training, webinars, communication, customer service, system monitoring and data security. We use Personal Information to enable use of software features and related services, including through use of third-party service providers. We also use Personal Information to communicate with our users to inform them of software updates and enhancements, educational information, available software features and modules, and other information that may helpful or informative for our users.
  • Mon Ami sends users marketing communications to inform them of new products, services, promotions, or other special events or offers that might be of interest to them.
  • For the Protection of Mon Ami and Others. If Mon Ami, in good faith, determines that you have used the service to menace, threaten, harass, intimidate or otherwise deceptively pose as another person, or in any other way in violation of law. Simply, if you attempt to use the website or purchase or use a product for any unlawful means, you have no expectation of privacy and we may use and disclose any and all information for the protection of Mon Ami and others.
  • Pursuant to Law, Rule or Regulation. If required or permitted to do so by law or if, in good faith, Mon Ami believes that such action is necessary to: (1) comply with laws and regulations or with legal processes; (2) protect and defend Mon Ami's rights and property or prevent fraud; (3) protect Mon Ami against abuse, misuse or unauthorized use of Mon Ami’s products or services; (4) protect the personal safety or property of our personnel, users of our website or the public; and/or (5) comply with tax reporting requirements, then Mon Ami may use and disclose any and all information as needed. The servers that serve our website automatically identify a computer by its IP address.
  • Aggregated and de-identified data. We may anonymize data to create statistical data or system usage data, by removing all personal identifiers and/or aggregating your data with other's data so that it is not identifiable as to any particular person. Such de-identified data may be retained and used by Mon Ami to improve its products and services and for other proper purposes, provided that such retention and use is permitted by applicable laws.

Legal basis. We base our processing of Personal Information on the need to perform our contractual obligations under our license agreements and our legitimate activities as a provider of software and related services. We also process Personal Information to comply with applicable law and to exercise our legal rights. We may also use your Personal Information for internal purposes, including auditing, data analysis, system troubleshooting, and research. In these cases, we base our processing on legitimate interests in performing the activities of the organization.

HOW WE SHARE OR DISCLOSE YOUR PERSONAL INFORMATION

No sale of Personal Information. We never sell or rent Personal Information to third parties.

Disclosures of Personal Information. We may disclose or share your Personal Information with other parties in the following circumstances:

  • Third-party service providers. We use third-party service providers (or subprocessors) to process Personal Information to facilitate your use of our products and services and in the operation of our business. This includes providing Personal Information to third parties for their processing in performing functions on our behalf, particularly the functions listed above in the “HOW WE USE YOUR PERSONAL INFORMATION” section. These functions include processing payments, collecting debts, hosting software, performing security services, analyzing data, performing surveys, administering our website(s), and/or providing technical support services. These third party providers will be contractually and/or legally required to protect Personal Information from additional processing (including for marketing purposes) and transfer in accordance with applicable laws. Under certain data protection laws, including the GDPR, if applicable, we may be liable if a third party subprocessor that we have engaged to process Personal Information fails to fulfill its data protection obligations.
  • Compliance with law and protecting our legal rights. We may disclose your Personal Information to regulatory bodies if we have a good-faith belief that doing so is required under applicable laws or regulations. This may include submitting Personal Information required by tax or other governmental authorities, or lawfully requested by governmental agencies, including law enforcement and judicial authorities. We may also disclose your Personal Information in order to exercise or defend our legal rights; to take precautions against liability; to protect the rights, property, or safety of Mon Ami or any individual or third party; to maintain and protect the security and integrity of our information system; to protect Mon Ami against fraudulent, abusive, or unlawful acts; or to investigate and defend Mon Ami against third-party claims or allegations.
  • Corporate Transactions. If a third party acquires all or substantially all of the assets of, or ownership interests in, Mon Ami whether by merger, acquisition, reorganization or otherwise, Mon Ami may transfer its database, including all Personal Information contained therein, to the acquiring entity.
  • Aggregated and de-identified data. We reserve the right to disclose aggregated user statistics as well as non-personally identifiable information (such as anonymous usage data), in order to describe our services to prospective partners, licensees, advertisers, and other third parties.

STORAGE OF PERSONAL INFORMATION

We may store Personal Information that we have collected (through the means described above) in third party data centers, in the systems of third party service providers, and in cloud storage solutions. Mon Ami is located in the United States. If Mon Ami transfers Personal Information from one country to another, we will ensure that the information is transferred in accordance with this Agreement and the Privacy Policy, and as permitted by applicable data protection laws.

Mon Ami stores all information in state of the art cloud storage. In doing so, Mon Ami uses appropriate physical, organizational and technological measures to protect the Personal Information you provide to us against loss or theft, and unauthorized access, disclosure, copying, use, or modification. This includes limiting access on a “need-to-know” basis. Where third parties are used to host our products, we use third parties who meet required privacy and security standards.

However, no electronic data transmission can be guaranteed to be secure from access by unintended recipients and Mon Ami will not be responsible for any breach of security unless this breach is due to its negligence. Although we are committed to employing reasonable technology in order to protect the security of our website, even with the best technology, no website is 100% secure. In transacting business with us through our website, you assume the risk inherent in transacting business online.

To offer our website, products and services to you, Mon Ami relies on plugins and services from third parties such as internet service providers, email service providers and plugins, calendar plugins, Customer Relationship Management (CRM) systems, and third party data storage. To the extent these providers have access to your Personal Information, we will require that they are legally or contractually committed to comply with applicable privacy laws. However, we cannot guarantee with certainty that the computer systems and storage systems whereon these services are offered will not be accessed by unauthorized parties. This is a risk inherent in providing any information or, or conducting any business, online. In transacting business with us through our website, you assume the risk inherent in transacting business online.

PERSONAL INFORMATION SECURITY

Mon Ami uses technical and organizational measures to protect the Personal Information that we store, transmit, or otherwise process, against accidental or unlawful destruction or disclosure, loss, alteration, or unauthorized access. Our security controls and risk management program and processes are designed to implement appropriate technological and organizational measures to ensure a level of security appropriate to the risks. We regularly consider appropriate new security technology and methods. Security measures implemented include:

  • Web and database servers are protected using firewalls;
  • Passwords used for account registration require minimum password strength attributes;
  • User access is tracked;
  • Role-based security is applied to system access;
  • Data encryption is used where appropriate;
  • Industry-standard security measures are used to protect the security of Subscriber data while traversing public networks;
  • Regular maintenance is performed on systems;
  • Systems are monitored for security;
  • All Mon Ami employees are contractually obligated to maintain the confidentiality of Personal Information accessible through their employment; and
  • All Mon Ami employees are required to attend regular security and awareness training.

RETENTION OF PERSONAL INFORMATION

Mon Ami processes Personal Information for a reasonable period of time or a period specified in software/service agreements to fulfill the processing purposes mentioned above. Personal Information is then archived for time periods as required or necessitated by law or legal considerations.Mon Ami also deletes Personal Information in response to an individual's request, as set forth in the “YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION” section below.

Mon Ami reserves the right to retain usage data relating to our products and services, as well as data that has been anonymized and/or aggregated, to the extent permitted by applicable laws. With respect to any Personal Information collected by us for marketing or for our own internal purposes, we will retain that data for a reasonable time in order to fulfill those purposes.

We regularly review our retention policy to ensure compliance with our obligations under data protection laws and other regulatory requirements. We regularly audit our databases and archived information to ensure that Personal Information is only stored and archived in alignment with our retention policy.

YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION

General. If you wish to opt out from any of the uses of Personal Information that are specified in this Privacy Policy, except in the case of legal proceedings or where your data is required for tax and transactional purposes, please contact us as described in the “COMPANY'S CONTACT INFORMATION” section below. Please note that your subsequent disclosure of Personal Information to us may override prior opt-out requests. Mon Ami does not discriminate against those who opt out. However, opting out may prevent us from conveniently and efficiently providing further product support services and information to you.

Unsubscribing to marketing communications: In particular, if we are sending you email communications of a marketing nature, an 'unsubscribe' option is provided in the footer of every email. You may also contact us directly to unsubscribe to marketing emails or other marketing communications, at the contact information set forth in the “COMPANY'S CONTACT INFORMATION” section below. If you have agreed to receive marketing communications, you may always opt out at a later date.

COMPANY'S CONTACT INFORMATION

If you have any questions about this privacy policy or your Personal Information that we hold, would like to cease receiving marketing materials from us, have any complaints, or would like to exercise any of your other rights related to your Personal Information, please contact us:

Mon Ami, Inc.

E-mail Contact: monami-privacy@monami.io

Phone Contact: 1 (650) 206-8302

If you wish to report a complaint or if you feel that Mon Ami has not addressed your concerns in a satisfactory manner, you may also contact your state or local data protection authority.

Last updated and Effective as of: Mar 13, 2024