FreeBusy Privacy Policy

Last Modified: February 15, 2021

Welcome and thank you for using FreeBusy! FreeBusy (the “Service”) is an automated scheduling assistant. This Privacy Policy (the “Policy”) describes how FreeBusy, Inc. (referred to as "FreeBusy" or "we" or “us” or “our”) collects, uses, and handles your personal information when you use websites, pages, add-ons, mobile applications, chat bots, voice assistant skills, integration, features, or content owned or operated by FreeBusy, or any FreeBusy products and services (collectively the “Services”).

Please read this Privacy Policy carefully.

By using the Service, you agree that you accept the data practices and terms detailed in this Policy. If you are using the Service on behalf of another entity (such as your employer), you are agreeing to these terms for that entity, and you promise that you have the authority to do so. In that case, “you” and “your” will refer to that entity. If you do not agree to these terms, do not use the Service.

1 Our Relationship With You

FreeBusy has the following relationships with individuals who utilize its Services:

• “Registered Users” are individuals that have purchased or obtained the FreeBusy Services by registering for an Account. FreeBusy is in a “data controller” relationship with Registered Users.

• “Ad-hoc Users” are individuals who use the FreeBusy Services to propose or schedule meetings with Registered Users and who are not themselves Registered Users. FreeBusy is in a “data processor” relationship with Ad-hoc Users.

• “Visitors” are individuals providing personal information to us via our website, pages, social media accounts, or other means. For example, Visitors can sign up to receive marketing communications or newsletters, or interact with us on our social media accounts. FreeBusy is in a “data controller” relationship with Visitors.

For the purpose of this Privacy Policy we refer to Registered Users, Ad-hoc Users and Visitors collectively as “you.”

2 What Information Is Collected

When you use our Services, we collect personal information about your use of our Services and information that you send us. We may also obtain information about you from third party sources.

Throughout this Policy, we use the term "personal information" to describe information that identifies you or makes you identifiable. We do not consider personal information to include information that has been anonymized so that it does not identify a specific individual.

We may collect personal information in the following ways:

• Information you give us. We may collect information that you provide to us, such as when you correspond with us regarding our Services (e.g., inquiry to customer support team, social media, etc.).

• Account Registration. To create an account on FreeBusy, you must provide us with your email address and authorization to access your Internet-accessible calendar (e.g. Microsoft Office 365 or Google Calendar) in the form of a Calendar Credential (e.g. access token or password). The Calendar Credential is the means for you to access your Account and for the Service to access your calendar data. When we access your calendar, we obtain your name, email address, and if available, your profile picture. In addition to your sign-up information, you may upload pictures of yourself, and provide additional information like alternate name or job title when creating a FreeBusy account.

• Device Information. We may collect information about devices you use to access the Services and how you use the Services, such as your Internet Protocol (“IP”) address and which websites you visited before accessing our Services.

• Meeting Information. When you engage in meeting scheduling via our Services, we collect meeting-related information such as topic, location, participants, and notes.

• Contact Information. To engage in meeting scheduling and to interact with others via our Services, or to invite others to sign up for FreeBusy via our referral program, you may share other individuals’ contact information with us.

• Event registrations and other form submissions: We record information that you submit when you (i) register for any event, including webinars or seminars, (ii) subscribe to our newsletter or any other mailing list, (iii) submit a form in order to download any product, whitepaper, or other materials, (iv) participate in contests or respond to surveys, or (v) submit a form to request customer support or to contact FreeBusy for any other purpose.

• Payment processing. When you buy something from us, we ask you to provide your name, contact information, and credit card information or other payment account information. When you submit your card information, we store the name and address of the cardholder, the expiry date and the last four digits of the credit card number. We do not store the actual credit card number. For quick processing of future payments, if you have given us your approval, we may store your credit card information or other payment information in an encrypted format in the secured servers of our Payment Processing Service Providers.

• Testimonials. When you authorize us to post testimonials about our products and services on websites, we may include your name and other personal information in the testimonial. You will be given an opportunity to review and approve the testimonial before we post it. If you wish to update or delete your testimonial, you can contact us at [email protected]

• Interactions with FreeBusy. We may record, analyze and use your interactions with us, including email, telephone, and chat conversations with our sales and customer support professionals, for improving our interactions with you.

• Performance and Log Data. Our servers automatically record information created by your use of our Services, which may include information such as, but not limited to, your IP address, browser type, operating system, diagnostic information related to the Services (i.e., crash activity reports), the referring web page, pages visited, location, your mobile carrier, device and application IDs, and search terms.

• Cookies. We use technologies like cookies, web beacons and pixel tags to gather information about how you are interacting with the Services, which may include identifying your IP address, browser type, and referring page. Please see more information about how we use Cookies below.

Parts of our Services are public, such as your FreeBusy link (which may disclose your email address) and FreeBusy page, and any information that is disclosed on such public parts of our Services may appear on search engines or other publicly available platforms, and may be “crawled,” searched and used by third parties or other Registered Users, Ad-hoc Users and Visitors of the Services. Please do not post any information that you do not want to reveal publicly.

3 Third Party Sources of Information

When you use our Services, we may collect personal information about you from the following sources:

• Signups using federated authentication service provider: You can sign in to FreeBusy Services using supported federated authentication service providers such as Microsoft, Google, Salesforce or Facebook. These services will authenticate your identity and give you the option to share certain personal information with us, such as your name and email address.

• Referrals: If someone has referred any of our products or services to you through any of our referral programs, that person may have provided us your name, email address and other personal information. You may contact us at [email protected] to request that we remove your information from our database. If you provide us information about another person, or if another person gives us your information, we will only use that information for the specific reason for which it was provided to us.

• Information from our reselling partners and service providers: If you contact any of our reselling partners, or otherwise express interest in any of our products or services to them, the reselling partner may pass your name, email address, company name and other information to FreeBusy. If you register for or attend an event that is sponsored by FreeBusy, the event organizer may share your information with us. FreeBusy may also receive information about you from review sites if you comment on any review of our products and services, and from other third-party service providers that we engage for marketing our products and services.

• Information from social media sites and other publicly available sources: When you interact or engage with us on social media sites such as Facebook, Twitter and Instagram through posts, comments, questions and other interactions, we may collect such publicly accessible information, including profile information, to allow us to connect with you, improve our products, or better understand user reactions and issues.

4 How Is Collected Information Used

Generally, we collect and use information from you to provide, protect, and improve our Services, and to provide you with a personalized experience when using our Services. For example, when you provide FreeBusy with your email address, we may send you updates on new or expanded Services, notices about security updates or change to our policies, and other administrative or transactional information. Much of the information you provide us through our Services is information that is designed to be made public for the purpose of meeting scheduling, such as your FreeBusy Page information, including your name, photo, and email address.

Some specific examples of how FreeBusy may use your personal information include:

• To provide you with the Services. We process your personal information when you sign up for and use our Services, schedule meetings, or participate in our referral program. For some parts of our Services, we must verify your identity to ensure Account Information provided during registration is correct and to perform our contract with you. We share your personal information with our service providers and partners to the extent necessary to provide you with the Services. We cannot provide you with the Services without such information.

• To provide you with administrative communications. We will contact you to keep you updated about your account and the Services, such as changes to this Privacy Policy, our Terms of Service and our other policies, security updates, or to provide meeting scheduling-related information to you. Without such communications, we cannot provide you with important information about your continued use of our Services.

• For security purposes. We process your personal information to enhance the security of our Services and to combat spam, malware or other security risks. Our processing includes monitoring your activities on our Services and verifying your identity and access to the Services. Without processing your personal information, we may not be able to ensure the security of our Services.

• To provide customer service. When you contact us with questions, concerns, disputes, feedback or any other reason, we process your personal information to respond to you. Without your personal information, we cannot respond to you or ensure your continued enjoyment of our Services.

• To enforce our terms, agreements and policies. We process your personal information to actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities on our Services or violations of our terms and agreements with you. In addition, we may process your personal information to enforce our agreements with third parties and partners, and/or collect fees based on your use of our Services. We cannot perform our Services in accordance with our terms, agreements or policies without processing your personal information for such purposes. Designated Countries: For all purposes listed above, pursuant to the EU General Data Protection Regulation (“GDPR”) or any equivalent legislation (collectively “Data Protection Legislation”), FreeBusy processes the personal information of Registered Users, Ad-hoc Users and Visitors located in the European Economic Area (“EEA”), United Kingdom and Switzerland (collectively, the “Designated Countries”) based on its contract with such individuals.

• To maintain legal and regulatory compliance, and to prevent fraud. We process your personal information to comply with sanctions laws, tax law, or as otherwise necessary to fulfill our other business obligations; identify, prevent, and mitigate fraud on our Services; and/or to manage risk as required under applicable law. We cannot perform the Services in accordance with our legal and regulatory requirements without processing your personal information for such purposes. Designated Countries: Pursuant to the Data Protection Legislation, FreeBusy processes the personal information of Registered Users, Ad-hoc Users and Visitors located in the Designated Countries to comply with its legal obligations.

• To engage in marketing and promotional activities. FreeBusy may send you marketing communications to alert you about new products or services. You can opt-out of our marketing activities at any time. When you share your business partner contact information with us, we may reach out to them to invite them to use our Services and to continue receiving our communications. However, you are responsible for determining whether the individuals you invite on our Services would like to receive such communications from you – FreeBusy does not require you to provide such information to continue using our Services. Please note, transactional communications about your account or our Services are not considered “marketing” communications. Designated Countries: For Registered Users, Ad-hoc Users and Visitors located in the Designated Countries, please see “Marketing Activities” under Section "Designated Countries Privacy Rights" below for more information.

• To enhance your experience on the Services. We process your personal information to provide you with a unique and personalized experience on our Services. For example, we allow you to use add-ons and plugins on our Services (e.g., Office 365, Google Workspace, etc.), we keep track of your preferences (e.g., display name, time zone, etc.), and more. Without such processing, we may not be able to ensure your continued enjoyment of part or all of our Services.

• To conduct research and development. In order to offer you new, customized or improved features on our Services, we process your personal information for research and development purposes. Your personal information helps us better understand the way you use and interact with our Services. Without such processing, we cannot ensure your continued enjoyment of part or all of our Services. Designated Countries: Pursuant to the Data Protection Legislation, FreeBusy processes Visitor, Customer and User personal information to satisfy its legitimate interests as described above.

5 Information We Share

We do not sell, exchange, transfer, or give your personal information to any other company or individual for any reason except as set forth below.

• We will share personal information with companies or individuals when we have your consent to do so.

• We may provide personal information to our trusted services providers to assist us in providing Services to you, and only based on our instructions and in adherence with this Policy and applicable confidentiality and security measures.

• If we are involved in a merger or acquisition, your personal information may be transferred as part of that transaction. In such event, we will require that your personal information be protected in accordance with this Policy. We will notify you of any change in applicable policy.

• We will share personal information with law enforcement or other third parties if we: (i) are compelled to do so to comply with any applicable law or legal process; or (ii) believe in good faith that disclosure is necessary to prevent physical harm, illegal activity, or harm to the rights, property, or safety of FreeBusy or others.

Designated Countries: Pursuant to the Data Protection Legislation, FreeBusy processes your personal information for (a) based on your consent; for (b) based on our contract with you or to take steps as directed by you to enter into a contract; for (c) based on our legitimate interest; and for (d) to comply with our legal obligations, to protect your vital interests, or in the public interest.

6 How We Protect Your Information

FreeBusy takes reasonable precautions to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. We maintain physical, technical and procedural safeguards to protect the confidentiality and security of your personal information. Such safeguards include the use of firewalls and data encryption, enforcing physical access controls to our buildings and files, and limiting access to personal information only to those employees, agents or third parties who need access to that information to process it for us. We contractually require all third-party service providers to maintain appropriate security measures to protect your personal information.

However, you are also responsible for keeping your personal information confidential and secure. FreeBusy cannot guarantee that your personal information will be 100% safe while using its Services. You should choose a Calendar Credential that is complex (e.g., special characters and numbers, sufficient length, etc.) and keep your Calendar Credential confidential. Do not leave your device unlocked so that other individuals may access your device or FreeBusy account. FreeBusy is not in control of your wireless connection or the devices you use to log into the FreeBusy Services, so you should make sure you trust the devices and connections you use to access the Services.

If you believe that you have experienced unauthorized access or use of your FreeBusy account, please contact us immediately.

7 Retention of Your Information

We store your personal information for as long as your Account is active in order to provide the Services to you. We may also keep and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements to the extent permitted by law. While retention requirements vary, we generally apply the retention periods noted below.

• Marketing. We store information used for marketing purposes indefinitely until you unsubscribe. Once you unsubscribe from marketing communications, we add your contact information to our suppression list to ensure we respect your unsubscribe request.

• Your Interactions and Content on Our Services. We may store any information about your interactions on our Services or any content created, posted or shared by you on our Services (e.g., profile photos, meetings, support tickets, and other content) as long as necessary after the closure your account for the establishment or defense of legal claims, audit and crime prevention purposes.

• Web Behavior Data. We retain any information collected via cookies, clear gifs, flash cookies, webpage counters and other technical or analytics tools up to one year from expiry of the cookie or the date of collection.

If you no longer want us to use your personal information, you must close your Account. You can close your Account by clicking on the ‘Close Account’ button in your Account page. When you close your Account, we will schedule Your Information to be deleted as soon as possible. Note that we may use offline backups and other technologies to provide the Service and all of your personal information may not be deleted immediately, but we will make commercially reasonable efforts to do it as quickly as possible. In any event, we will not use your personal information for any purpose other than to comply with our legal obligations, resolve disputes, and enforce our agreements after you close Your Account.

8 Children

We do not knowingly request to collect personal information from any person under the age of 13. If a Registered User, Ad-hoc User or Visitor submitting personal information is suspected of being younger than 13 years of age, we will require the Registered User, Ad-hoc User or Visitor to close his or her account and will not allow continued use of the Services. We will also take steps to delete the information as soon as possible, unless an exception applies. Please notify us if you know of any individuals under the age of 13 using our Services so we can take action to prevent access to our Services.

9 Cookies & Similar Tracking Technologies

When you access our Services, we may place small data files called “cookies” or “pixel tags” on your device. We use these files to understand, secure, operate, and provide our Services. In some cases, we may use cookies and similar technologies to collect personal information, or information that becomes personal information if we combine it with other information. Cookies can store information in different ways:

• Session cookies. A session cookie lasts while your browser is open and is automatically deleted when you close your browser.

• Persistent cookies. A persistent cookie lasts until you or your browser deletes the cookies or they expire.

We may place "first party cookies” or “third-party cookies” on our Services. A first party cookie is a cookie that we set on our Services, while a third-party cookie is set by parties other than FreeBusy. A third-party cookie can recognize your computer both when it visits our Services and when it visits other websites or applications. FreeBusy does not control how third-party cookies are used. You should check the third party’s website for more information about how they use cookies.

9.1 Types of Cookies Collected

We collect the following types of cookies:

• Strictly Necessary Cookies. These cookies are essential because they enable you to move around our Services and use certain features on our Services. For example, strictly necessary cookies allow you to access secure areas. Without these cookies, some Services cannot be provided.

• Performance/Analytics Cookies. These cookies collect information about how you use a website. For example, a performance or analytics cookie will collect information about which pages you go to most often, if you get error messages from certain pages, or how much time you spend on a page. These cookies are important because they help us maintain and improve our Services.

• Functionality Cookies. These cookies allow us to remember the choices you make and to tailor our Services to your preferences so we can provide relevant content to you. For example, a functionality cookie can remember your preferences or your sign in information. Without these cookies, you may not be able to enjoy some of the Services.

9.2 Do Not Track

Some Internet browsers allow you to transmit “Do Not Track” signals, but our Services do not respond to “Do Not Track” signals because we do not track our Visitors, Customers or Users over time and across third-party websites to provide targeted advertising.

9.3 Retention

Retention periods for cookie information depend on the type of cookie. Session cookies only stay as long as you are browsing with your device, while persistent cookies stay on your browsing device until they expire or are deleted. Each category of cookie listed above is either a session cookie or persistent cookie. The retention period applicable to persistent cookies depends on the purpose of the cookie collection and tool used. You can delete cookie data as described below.

9.4 Managing Your Cookies

• First Party Cookies: To manage first-party cookies, you can follow the instructions provided by your browser or device (see your “Settings” or “Preferences”) to modify your cookie settings. Please note, if you choose to disable or not accept cookies, parts of the Services may lose functionality or become inaccessible.

• Third-Party Cookies: To opt-out of third-party advertising networks and similar entities that use targeting/advertising cookies, go to http://www.aboutads.info/choices. Once you click the link, you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising entities. For more information about third-party advertising networks and similar entities that use these technologies, please see http://www.aboutads.info/consumers.

• Mobile Advertising: To manage advertising on your mobile device, go to your settings or preferences on your mobile device. If you opt out of mobile advertising cookies, advertising cookies will no longer collect information about you and all information already collected about you will be removed, including your random ID.

Designated Countries: Pursuant to the Data Protection Legislation, FreeBusy processes your personal information to satisfy its legitimate interests as described above. As required by law, FreeBusy will ask for your consent.

10 Access & Modification of Your Information

If you would like to access the information we hold on you or would like to modify the information we have on file, please contact us. We reserve the right to limit your access or modifications if your requests are too frequent and/or burdensome, or as necessary to manage our risks or comply with our contractual or legal obligations.

For individuals residing in the State of California or Designated Countries, please refer to Section entitled “California Privacy Rights” or “Designated Countries Privacy Rights” below for more information.

11 Our Communications to You

We want to keep you up-to-date with new or expanded Services, provide you with important information about your account or transactions, and send you information we believe interests you. Any communications from us that are not Service-related or transactional in nature will offer you an "unsubscribe" option so that you can opt out of receiving such messages.

For individuals residing in the State of California or Designated Countries, please refer to the “California Privacy Rights” or “Designated Countries Privacy Rights” section below for more information.

12 California Privacy Rights

This Section only applies to Registered Users, Ad-hoc Users, and Visitors of the Services who live in the State of California (“California Residents”). FreeBusy adopts this Section to comply with the California Consumer Privacy Act of 2019 and any subsequent amendments (“CCPA”). All terms used in this California Notice have the same meaning as when used in the CCPA.

12.1 Information FreeBusy May Collect Regarding California Residents

FreeBusy collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, our Website may have collected the following categories of Personal Information from California Resident Registered Users, Ad-hoc Users, and Visitors within the last twelve months, for the purpose of establishing, maintaining, and supporting the Services:

• Identifiers: real name; alias; email address; internet protocol address.

• Personal Information categories listed in Cal. Civ. Code Sec. 1798.80(e): Real name; phone number.

• Commercial information: Purchase records regarding FreeBusy products.

• Internet or other similar network activity: Data on Visitors’ interaction with the FreeBusy Service.

FreeBusy Obtains the Categories of Personal Information Listed Above from the Following Categories of Sources:

• Directly from Registered Users and Ad-hoc Users.

• Indirectly from Registered Users and Ad-hoc Users.

• Directly and indirectly from activity on our Service.

• From third parties that interact with us in connection with the services we perform.

12.2 How California Resident Personal Information May Be Used

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided.

• To provide you with information or services that you request from us.

• To provide you with email alerts and other notices concerning our services, or news that may be of interest to you.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

• To improve our Service.

• For testing, research, analysis and service development.

• As necessary or appropriate to protect FreeBusy and our Registered Users and Ad-hoc Users.

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

• As described to you when your Personal Information was collected, or as otherwise set forth in the CCPA.

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by FreeBusy is among the assets transferred.

• FreeBusy will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing you notice.

12.3 Sharing Personal Information

We may disclose your Personal Information to a third-party for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing your contract.

We disclose your Personal Information for a business purpose to the following categories of third parties:

• Service Providers.

• Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with the services we provide to you.

• Government representatives as required by law.

In the preceding twelve (12) months, we have not sold any Personal Information.

12.4 Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of Personal Information we collected about you.

• The categories of sources for the Personal Information we collected about you.

• Our business or commercial purpose for collecting or selling that Personal Information.

• The categories of third parties with whom we share that Personal Information.

• The specific pieces of Personal Information that we have collected about you.

12.5 Deletion Request Rights

You have the right to request that we delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions. All deletion requests will be managed in accordance with FreeBusy Deletion Procedures. Deletion requests should be sent to [email protected] Once we receive and confirm your verifiable request, we will delete (and direct our Service Providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the Personal Information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

• Debug software to identify and repair errors that impair existing intended functionality.

• Comply with the California Electronic Communications Privacy Act.

• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

• Comply with a legal obligation.

• Otherwise lawfully use that information in compatibility with the context in which you provided it.

12.6 Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by reaching out to [email protected]

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable California Resident request for access or data portability twice within a 12-month period.

The request must:

• Provide sufficiently detailed information to allow FreeBusy to reasonably verify that you are the person to whom the requested Personal Information pertains or their authorized representative.

• Include sufficient detail to allow us to properly understand, evaluate, and respond to it.

• We cannot respond to your request or provide you with Personal information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

• Making a verifiable consumer request does not require you to create an account with us.

• FreeBusy will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

12.7 Response Timing and Format

We will attempt to respond to California Resident requests in as timely a fashion as possible. In the event of delays over 60 days, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. Any disclosures we provide will only cover the 12-month period preceding the verifiable receipt of a California Resident’s request. The response we provide will explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before fulfilling your request.

12.8 Non-Discrimination

In accordance with the CCPA's requirements, we will not discriminate against you for exercising any of your CCPA rights.

13 Designated Countries Privacy Rights

This Section only applies to Registered Users, Ad-hoc Users and Visitors of the Services that are located in the European Economic Area, United Kingdom and/or Switzerland (collectively, the “Designated Countries”) at the time of data collection. We may ask you to identify which country you are located in when you use some of the Services, or we may rely on your IP address to identify which country you are located in. Where we rely only on your IP address, we cannot apply the terms of this Section to any Visitor, Customer or User that masks or otherwise obfuscates their location information so as not to appear located in the Designated Countries. If any terms in this Section conflict with other terms contained in this Policy, the terms in this Section shall apply to Registered Users, Ad-hoc Users and Visitors in the Designated Countries.

13.1 Our Relationship to You

FreeBusy is a data controller with regard to any personal information collected from Registered Users or Visitors of its Services. A data controller is an entity that determines the purposes for which and the manner in which any personal information is processed. FreeBusy is also a data processor with regard to any personal information collected from Ad-hoc Users of its Services. Any third parties that act as our Sub-processors are data processors that handle your personal information in accordance with our instructions.

13.2 Lawful Basis for Processing Your Personal Information

We describe our lawful bases for processing in Section “How Is Collected Information Used” and Section “Information We Share” under headings entitled “Designated Countries.” The lawful bases on which we rely to process your personal information include: your consent to the processing; satisfaction of our legal obligations; to protect your vital interests; to carry out our obligations arising from any contracts we entered with you or to take steps at your request prior to entering into a contract with you; in the public interest; or for our legitimate interests as described in those sections.

13.3 Marketing Activities

Direct marketing includes any communications we send to you that are only based on advertising or promoting products and services. Transactional communications about your account or our Services are not considered “direct marketing” communications. We will only contact Registered Users, Ad-hoc Users and Visitors by electronic means (including email or SMS) based on our legitimate interest or their consent. When we rely on legitimate interest, we will only send you information about our Services that are similar to those which were the subject of a previous sale or negotiations of a sale to you. If you do not want us to use your personal information in this way, please click an unsubscribe link in your emails, or contact us. You can object to direct marketing at any time and free of charge.

13.4 Individual Rights

We provide you with the rights described below when you use our Services. Please contact us if you would like to exercise your rights under applicable law. When we receive an individual rights request from you, please make sure you are ready to verify your identity.

Please be advised that there are limitations to your individual rights. We may limit your individual rights in the following ways: (i) where denial of access is required or authorized by law; (ii) when granting access would have a negative impact on other's privacy; (iii) to protect our rights and properties; and (iv) where the request is frivolous or burdensome.

Right to withdraw consent. If we rely on consent to process your personal information, you have the right to withdraw your consent at any time. A withdrawal of consent will not affect the lawfulness of our processing or the processing of any third parties based on consent before your withdrawal.

Right of access and rectification. If you request a copy of your personal information that we hold, we will provide you with a copy without undue delay and free of charge, except where we are permitted by law to charge a fee. We may limit your access if such access would adversely affect the rights and freedoms of other individuals. You may request to correct or update any of your personal information held by us, unless you can already do so directly via the Services.

Right to erasure (the “Right to be Forgotten”). You may request us to erase any of your personal information held by us that: is no longer necessary in relation to the purposes for which it was collected or otherwise processed; was collected in relation to processing that you previously consented to, but later withdrew such consent; or was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing.

Right to restriction. You have the right to restrict our processing your personal information where one of the following applies:

• You contest the accuracy of your personal information that we processed. We will restrict the processing of your personal information, which may result in an interruption of some or all of the Services, during the period necessary for us to verify the accuracy of your personal information.

• The processing is unlawful and you oppose the erasure of your personal information and request the restriction of its use instead.

• We no longer need your personal information for the purposes of the processing, but it is required by you to establish, exercise or defense of legal claims.

• You have objected to processing, pending the verification whether the legitimate grounds of our processing override your rights.

• We will only process your restricted personal information with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will inform you if or when the restriction is lifted.

Right to object to processing. You may object to our processing at any time and as permitted by applicable law if we process your personal information on the legal basis of consent, contract or legitimate interests. We can continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.

Right to data portability. If we process your personal information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another “controller”, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others.

Notification to third-parties. If we share your personal information with third parties, we will notify them of any requests for rectification, erasure or restriction of your personal information, unless this proves impossible or involves disproportionate effort. Upon your request, we will identify such third parties.

Automated individual decision-making, including profiling. You have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, which produces legal or similarly significant effects on you, unless an exception applies under applicable law.

Right to Lodge a Complaint. If you believe we have infringed or violated your privacy rights, please contact us so that we can work to resolve your concerns. You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement.

Data Protection Officer. You may reach our Data Protection Officer at [email protected]

14 International Transfer of Personal Information

We may store, process and transmit personal information in locations around the world, including locations outside of the country or jurisdiction where you are located. Such countries or jurisdictions may have Data Protection Legislation that are less protective than the laws of the jurisdiction in which you reside. Some information may also be stored locally on devices you use to interact with FreeBusy’s Services. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use our Services.

Designated Countries: FreeBusy transfers your personal information subject to appropriate safeguards as permitted under the Data Protection Legislation. Specifically, when your personal information is transferred out of the Designated Countries, we have the required contractual provisions for transferring personal information in place with the third parties to which your information is transferred. For such transfers, we rely on legal transfer mechanisms such as Standard Contractual Clauses or we work with U.S. based third parties that are certified under the EU-U.S. and Swiss-U.S. Privacy Shield Framework.

15 Sub-processors

FreeBusy uses a range of third party service providers to assist them in connection with the Services. The following are Sub-processors authorized to process customer data for FreeBusy Services:

16 Modifications

We may amend this Policy at any time by posting the most current version on our website. If we make any material changes your rights under this Policy, we will notify you by means of a prominent notice in advance of such changes coming into effect. A prominent notice may include sending email notifications to the email address we have on file, or providing you with an in-application notice such as a banner or popup alerting you of the changes. We will update the “Last Updated” date at the top of the Policy when we post the new Policy. Your continued use of the Services after posting of the Policy will constitute your acceptance of the changes.

17 How To Contact Us

If you have questions or concerns regarding this Policy or would like to access, change or delete your personal information, or have a complaint, please contact us via our customer assistance web chat available on https://freebusy.io or by emailing us at [email protected]