Privacy Policy & Data Security

TenderCo Inc. (“TenderCo,” “we,” “us,” or “our”) respect your privacy rights and recognize the importance of protecting the information we collect from you. This Privacy Policy details how we collect, store, and use the information you provide to us through your use of the TenderCo website (TenderCo.co), the TenderCo mobile applications, and TenderCo services (collectively, “Online Services”).

This Privacy Policy applies to all users of our Online Services and covers what information we collect and why we collect it, how we use the information we collect, the measures we take to protect the security of the information, the choices you have to access and update that information, and how you can contact us about our privacy practices. Please note that this Privacy Policy does not apply to any third-party websites, service or applications, even if they are accessible through the Online Services.

By using our Online Services, you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this Privacy Policy. This Privacy Policy may be updated from time to time and each time you use our Online Services, the then-current version of this Privacy Policy will apply.

1. YOUR RESPONSIBILITIES

Within the scope of the Privacy and in its use of the Online Services, Customer (as defined in the TenderCo Terms) shall be responsible for complying with all requirements that apply to it under applicable data protection, privacy, and security laws with respect to your processing and transmittal of information to TenderCo. You acknowledge and agree that you shall be solely responsible for:

• Accuracy, quality, and legality of any information, including any user content;

• Complying with all applicable laws concerning the collection and use of personal information and user content, including obtaining any necessary consents and authorizations;

• Ensuring you have the right to transfer, or provide access to, the user content to TenderCo for purposes of providing the Online Services under the TenderCo Terms.

2. WHAT WE MEAN BY PERSONAL INFORMATION

 For purposes of this Privacy Policy, “Personal Information” means any information that can reasonably be used to directly or indirectly identify a person, including as such term is defined in applicable privacy laws. Unless expressly stated herein, Google Calendar Data, as defined in Section 3, constitutes Personal Information. 

3. WHAT INFORMATION WE COLLECT ABOUT YOU

We collect two basic types of information – personal information and anonymous information – and we may use personal and anonymous information to create a third type of information, aggregate information. Anonymous Information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual. Aggregate Information means information about groups or categories of individuals which does not identify and cannot reasonably be used to identify an individual. We may share Aggregate Information and Anonymous Information with other parties without restriction.

Information that you provide to us

When you interact with our Online Services, we may collect certain Personal Information directly from you. The information that you provide may include the following and is sourced directly from you or your insurance claim history:

• Contact Information: which generally includes your name, date of birth, marital status, family relationships, email address, phone number.

• Personal Health Information: which generally includes diagnosis, any medication, prescriptions, doctor information, and medical-related appointment information. During the account creation process, you are able to select which Personal Health Information, if any, you wish to share with us, and you have the option to stop sharing such information at any time.

• Physical Location: If you choose to share your location with us, we will collect your physical location including your zipcode and precise geolocation that can be derived from your IP address, GPS coordinates, your interactions with our emails, or use of our mobile application, depending on your preferences that you set up on your devices. Please see Section 7 for more information regarding Physical Location data.

• Calendar Information: TenderCo offers users the ability to connect their Google Calendar to the TenderCo Online Services for the purpose of syncing the content of the Google Calendar entries with the TenderCo website or mobile applications. If you choose to provide us with access to your Google Calendar, this authorization grants us the ability to access and collect the content of the Google Calendar entries, such as event information, event name, medical facility information, medical provider’s information, time, location, attendees, and any meeting notes (collectively “Google Calendar Data”). You will be able to update your account setting to change your calendar sharing preferences at any time. Our use of the Google Calendar data will be limited to syncing the calendar data for the purpose of providing the Online Services. 

• Customer Support Information: If you use any of our customer service features (such as the customer service chat), we collect information related to the chat time, duration, participants, and contents. 

Information we collect automatically when you use the Online Services

When you use the Online Services, we automatically collect certain information about your usage of the Online Services and how you use the Online Services. This information is necessary to ensure the best Online Services experience is available to you as well as enable us to comply with any applicable legal obligations and provide, and improve the functionalities of, the Online Services.

• Usage Information: We collect information about your interactions with the Online Services such as the pages or content you view, your searches, and communications.

• Log Data and Device Information: We automatically collect log data and device information when you access and use the Online Services, even if you have not created an account or logged in. That information includes, among other things: details about how you’ve used the Online Services (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Online Services.

• Cookies and Similar Technologies: To collect information contemplated in this section, may use Internet server logs, cookies, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences. Cookies are small text files that are placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer or device; (ii) store your preferences and settings; (iii) understand the web pages of the Online Services you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions.

Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. If you are in the US, please refer to www.aboutads.info/choices/. You may visit www.allaboutcookies.org/manage-cookies to enable/disable cookies. Disabling cookies that are necessary for website’s proper operation may result in the web page not loading, or not operating as expected. Disabling cookies that remember your preferences or analytics, will prohibit us from providing you with relevant information. If you disable all cookies (including the essential ones), then you won’t be able to access all parts of our website.

Information we receive from third parties in connection with the Online Services

Please note that we may use certain third-party service providers and business partners on the Online Services to enhance your experience or deliver certain services. These third parties may collect Personal Information in performing their services and/or functions on the Online Services. 

If you authorize TenderCo to access and collect Google Calendar Data we will receive this information via the Google API pursuant to your authorization.

4. HOW WE USE YOUR INFORMATION

We use your information for various purposes depending on the types of information we have collected from and about you, in order to:

• To provide you with the Online Services.

• To manage and remember your preferences and personalize the Online Services.

• To solicit input and feedback to improve our Online Services and to deliver customized content and offers to you, which include special promotions, product information, loyalty programs, and sales.

• To inform you about new products or promotional offers, or other opportunities which we feel will be of interest to and provide you with information about, our products and Online Services.

• Respond to your request for information and provide you with more effective and efficient service.

• To send you important notices, such as communications about changes to your account, and to our Online Services terms, conditions, or policies

• Contact you by email, postal mail, or phone regarding TenderCo and its Online Services.

• Customize the content you see on the Online Services.

• Secure our Online Services and resolve technical issues being reported.

• Help us better understand your interests and needs, and improve the Online Services, including through research and reports, and test, improve, and create new products, features, and services. We automatically analyze and aggregate information to improve and develop similar features, to better integrate the Online Services you use, or to improve the Online Services similarity functionalities for purposes of providing information to Customers. We also test and analyze certain new features with some Customers who volunteer to participate before rolling the feature out to all Customers. Customer testing will be completed in accordance with a separate agreement and pursuant to separate grants of consent.

• To allow access to third-party services’ accounts.

• For Google Calendar Data that we obtain pursuant to your authorization of TenderCo’s access via Google’s API Service, we use, share, or transfer the Google Calendar Data for the purposes of (1) providing you with or improving the Online Services; (2) managing and remembering your preferences and personalize the Online Services; (3) responding to your request for information and provide you with more effective and efficient service; (4) securing our Online Services and resolve technical issues being reported; (5) complying with applicable laws; or (6) as part of a merger, acquisition, or sale of assets. 

• For our business purposes when we:

  • Operate the Online Services, including by transferring any information to necessary third parties to enable us to provide and operate the Online Services.

  • Apply information security policies and controls on the Online Services, including overall integrity, identity management and account authentication.

  • For research and development to improve TenderCo’s Services.

• Investigate and prevent fraudulent transactions, unauthorized access to the Online Services.

• Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others.

• Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others.

• For other purposes for which we obtain your consent.

We may aggregate and/or anonymize information collected through the Online Services so that such information does not identify you as the source of the information. We may use such information to improve the Online Services, by and through any third-party we use to integrate Online Services. We may use this Aggregate Information and Anonymized Information to improve our product, prioritize application features, tailor app features, prioritize development of the application, and identify additional services to offer. The Aggregate Information and Anonymized Information used will be (1) diagnosis information to tailor application features and prioritize development of certain features that related to certain common medication conditions, and (2) calendar event information to tailor application features and prioritize application development based on how caregivers allocate their caregiving time and responsibilities. 

5. SHARING INFORMATION WITH THIRD PARTIES

• Service Providers: We provide access to or share your Personal Information with select service providers and partners who perform services on our behalf. These services may include data storage, analytics and data analysis, billing, marketing, product content and features, customer service, data storage, fraud prevention, legal services, maintenance, hosting, security, payment processing, email and text message distribution, and surveys.

• Consent/At Your Direction: We may disclose your Personal Information to affiliated and nonaffiliated third-parties based on your consent. The sharing of your Personal Information includes the disclosure of your Personal Information in order to facilitate the use of the Online Services; to respond to your requests for customer service; when we have your permission; or as described in this Privacy Policy, the TenderCo Terms, or any other legal terms governing your use of the Online Services.

• To Protect Our Company or Our Community: We may disclose your Personal Information to law enforcement where we believe our Online Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk and security management or when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally.

• Business Transfer: In connection with or during negotiations of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company, we may share information about our customers, including your Personal Information, to the successor company.

• Our Subsidiaries: We may share Personal Information about you with our subsidiaries and affiliates and companies acquired by or merged with our and its affiliates, including without limitation, to enable such acquired or merged companies to advertise to you products and services in which you may be interested.

• Non-Personal Aggregate/Anonymous Information: We may share aggregated anonymous information about use of the Online Services, such as by creating reports on usage trends. This non-personal information may be shared with third-parties who may use the data for their market research and measurement purposes.

• Other Purposes: We may share your Personal Information for any other purpose(s) disclosed to you at the time we collect your information or with your consent.

• Google Calendar Data: We will not transfer, sell, or use Google Calendar Data in the following circumstances: (1) to third party advertising platforms, data brokers, or any information resellers; (2) for the purpose of serving ads, including retargeting, personalized, or interest-based advertising; or (3) for the purpose of determining credit-worthiness or for lending purposes. Additionally, we will not

6. YOUR RIGHTS AND CHOICES

You may have certain rights with respect to your Personal Information such as:

• Delete your Account: You may delete your account or ask us to erase or delete all or some of your Personal Information (for example, if it is no longer necessary to provide Online Services to you);

• Profile Information: You can update your profile information by accessing your account.

• Cookies & Analytics: You can opt out of certain cookie-related and analytics processing by following the instructions set forth above in Section 3.

• Object to, Limit or Restrict use of Personal Data: You may ask us to stop using all or some your Personal Information (for example if we have no legal right to keep using it) or to limit our use of it (for example, of your Personal Information is inaccurate or unlawfully held).

• Sharing Personal Information: You may choose whether to share your Personal Information with other companies so they can send you offers and promotions about their products and services.

• Marketing Communications & Opting-Out: At any time, you may “opt-out” of receiving e-mail marketing materials by sending us an e-mail with “unsubscribe” as the subject to privacy@tenderco.co. You will also be able to find an “unsubscribe” link in every relevant e-mail communication you receive from us.

• Update Information: at anytime you may contact us to update your Personal Information which is out of date or incorrect. 

• Turn off Location Sharing: At any time you may update your location settings in your mobile device to turn off location sharing. You may also directly turn off location via the account settings in the mobile application. 

• Update Caregiver: At any time you may update the caregiver with whom you have chosen to share your Personal Information. Once you have updated your caregiver, the previous caregiver will no longer have access to any of your Personal Information.

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

7. PHYSICAL LOCATION

One of the features that TenderCo offers is to inform your caregiver that you have arrived at medical appointments. If you choose to enable this functionality and turn on location sharing, we will collect your precise geolocation and share that information with your caregiver to inform them that you have arrived at your medical appointment. 

You may disable location sharing at any time either through your mobile device settings or directly in the TenderCo mobile application under account settings. 

We only store your location information for 24 hours. Your location information is shared with your designated caretaker, to inform them that you have arrived at your medical appointment, and with our service providers in order to provide the services to you. Otherwise, we do not share your location information to third parties for any other purpose. 

8. THIRD PARTY LINKS

The Online Services may contain links to third-party websites. If you choose to use these sites or features, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. We are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third-parties.

9. DATA SECURITY

We use commercially reasonable administrative, technical, and physical measures designed to safeguard your information in our. However, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. In the unlikely event of a data breach, you will be notified as soon as reasonably possible, in accordance with applicable law. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information.

10. DATA RETENTION

We keep your information for no longer than necessary for the purposes for which it is processed and/or as required to comply with applicable laws.

We reserve the right to retain any Personal Information as long as the Personal Information is needed to: (i) fulfill the purposes that are described in Section 4 and Section 5 and (ii) comply with applicable law.

If your account is deleted or terminated, your Personal Information will be deleted within 180 days from termination or request for deletion, except that we may keep your Personal Information longer for as long as necessary to comply with applicable law. If your account is dormant without activity for over a year, your Personal Information will be deleted within 180 days from the one-year dormant period, except as to the extent necessary to comply with applicable law. 

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

11. CHILDREN

Our Online Services are not intended for, and we do not knowingly collect Personal Information from, children under 13 years of age. If you become aware that a child has provided us with Personal Information without parental consent, please contact us through privacy@tenderco.co, and we will take steps to remove the data and cancel the child’s account. 

12. CHANGES TO THE PRIVACY POLICY

The effective date of this Privacy Policy is set forth at the top of this page. We may occasionally update this Privacy Policy to reflect company and customer feedback. We encourage you to periodically review this Privacy Policy to be informed of how we are protecting your information. We will endeavor to provide you with advanced notice of any material changes to the Privacy Policy. By continuing to use the Online Services after such changes take effect, you agree to be bound by the modified Privacy Policy. If any such changes materially alter your rights, we will notify you of these changes, by posting notice on the TenderCo website or by sending you an email to the email address we have on file for you. 

13. CONTACT INFORMATION

If you have questions or complaints regarding this Privacy Policy, please contact us by email at privacy@tenderco.co.