The following Privacy Policy governs the online information collection practices of FOCUSMATE INC, “COMPANY,” “we” or “us”. Specifically, it outlines the types of information that we gather about you while you are using the focusmate.com website, application, and other applications and platforms that you may access through our website and application (the “Site”) and the ways in which we use this information. This Privacy Policy, including our children’s privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail). Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use, and any dispute over privacy, is governed by this Privacy Policy. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified. Focusmate Inc strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use personally identifiable information (your name, e-mail address, street address, telephone number) subject to the terms of this privacy policy. We will never sell, barter, or rent your email address to any unauthorized third party. “Period.”

How We Gather Information From Users

How we collect and store information depends on the page you are visiting, the activities in which you elect to participate in and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. 

You may provide information when you participate in surveys, sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site. When you provide us with your email address, we will send you periodic emails or advertising. We may add your email address to other electronic platforms we use to target our audience and enhance your user experience with our website, products and services. Generally, we will ask you to indicate whether or not you want to receive certain types of communication from us, and we will adhere to your preferences unless we consider a particular communication to be absolutely necessary. Emails and advertising will contain a link at the bottom to be removed from our list. 

Like most Web sites, Focusmate also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log your Internet Protocol address (“IP address”), the name of your Internet Service Provider or use cookie technology, such as conversion and tracking pixels, to recognize you and hold information from your visit or from your visit to a third party site. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or to the extent applicable may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences. Without limiting the generality of the foregoing, we may collect information as follows:

A. Account and Transaction Information

We may collect information when you create an account, such as name, email address, telephone number, professional details, payment information, and other profile information you choose to provide, including information you provide by linking other data sources, integrations, or similar services to Focusmate.

B. Your Communications with Us

We may collect personal information, such as email address, phone number, or mailing address when you request information about our Service, attend or request customer or technical support, or otherwise communicate with us.

C. Surveys

We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

D. Interactive Features

We and others who use our services may collect personal information or other information that you submit or make available through our and other third party’s interactive features (e.g. collaboration tools, messaging and chat features, commenting functionalities, forums, blogs, social media pages, and the like). Any information you provide on the public sections of these features will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.

E. Conferences, Trade Shows, and Other Events

We may collect information from individuals when we attend conferences, trade shows, and other events.

F. Business Development and Strategic Partnerships. 

We may collect personal information and other information from individuals and third parties to assess and pursue potential business opportunities.

G. Job Applications

We may post job openings and opportunities on our Site. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.

How We Protect Your Information

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers’ database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. However, no security program is foolproof, and thus we cannot guarantee the absolute security of your personal or other information, and to the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using our services or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our services, by mail or by sending an email to you.

How To Delete Your Account and Data

In compliance with GDPR regulations, you can permanently delete your account and have your data erased. To do so, log in to your Focusmate account, visit your Settings page and select “Delete account”.

Do We Use Cookies?

Yes. (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.) We use cookies to understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

What Do We Do With The Information We Collect?

Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we are required to comply by law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any personally identifiable information about you or allow anyone to identify you individually. We may use Personally Identifiable Information collected on Focusmate to communicate with you about your registration and customization preferences; our Terms of Service and privacy policy; services and products offered by Focusmate and other topics we think you might find of interest. Personally Identifiable Information collected by Focusmate may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law.

In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.

How We Use Third-Party Analytics

We use two or more third-party analytics services (such as Google Analytics and Amplitude) to identify you as the same user when logging in through different devices. This allows us to analyze and understand user behavior, in aggregate, without transmitting or revealing and personally identifying information.

We may also use these to connect your individual usage behavior data to your account information, in order to provide more relevant support and communications to you, and enhance your experience.

We do not upload any data that allows these services to personally identify an individual (such as certain names, social security numbers, email addresses, or any similar data), or data that permanently identifies a particular device (such as a mobile phone’s unique device identifier if such an identifier cannot be reset).

Google API Disclosure

Focusmate uses Google APIs when you use your Google account to sign in via Google OAuth or when enabling the Google Calendar Focusmate integration.

Focusmate’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Affiliated Sites, Linked Sites and Advertisements

Focusmate expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on Focusmate pages, certain content that is actually created or hosted by a third party. Also, through Focusmate you may be introduced to, or be able to access, information, surveys, Web sites, features, contests or sweepstakes offered by other parties. Focusmate is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party. While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. Focusmate does not control the use of this technology by third parties or the resulting information, and are not responsible for any actions or policies of such third parties. You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of Focusmate and this policy.

Children’s Privacy Statement

This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of seventeen, and provides important information regarding their rights under federal law with respect to such information. This Site is not directed to children under the age of seventeen and we do NOT knowingly collect personally identifiable information from children under the age of seventeen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of seventeen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of seventeen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of seventeen as part of the Site. Because we do not collect any personally identifiable information from children under the age of seventeen as part of the Site, we also do NOT knowingly distribute such information to third parties. We do NOT knowingly allow children under the age of seventeen to publicly post or otherwise distribute personally identifiable contact information through the Site. We do not collect any personally identifiable information from children under the age of seventeen as part of the Site, allow the participation of a child under seventeen in the Site’s online activities, or allow a child under seventeen to provide personally identifiable information. We can be reached by contacting:
 Email: Taylor (at) Focusmate (dot) com.

Additional Disclaimers

You agree and acknowledge that we do not record any conversations that you hold or attend and that our video functionalities are enabled by Daily.co.  Accordingly, by using our Site and the services offered herein, you agree that your use of such video functions shall be governed by and subject to Daily’s Terms and Conditions (https://www.daily.co/legal/terms-of-service/) and Privacy Policy (https://www.daily.co/legal/privacy/) and that we shall not be liable for your use of features made available by Daily or other similar providers. 

Supplemental Notice for California Residents

This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 “CCPA”. The CCPA provides California residents with the right to know what categories of personal information Focusmate has collected about them and whether Focusmate disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. 

California residents can find this information below.

Personal information we collect	CCPA-defined categories	Purposes for which we may collect and use the personal information
Contact data Personal Identifiers (including options to disclose profile image, age, and gender	Identifiers Protected Classifications	Operations Marketing
Login data	Identifiers Online identifiers	Operations
Transaction Data and Business Account Information	Commercial information Financial information Identifiers Online identifiers	Operations Marketing
Communications	Identifiers	Operations Marketing
Marketing data	Commercial information Identifiers Inferences Internet or network information Online identifiers	Operations Marketing
Device data Online activity data	Inferences Internet or network information Online identifiers	Operations Marketing
General Occupation Information	Employment Information	Operations Marketing
Additional Data Subject to Cal. Civ. Code	Credit Card Number Payment Information processed via Stripe (but not collected by the Company)	Operations

As described above, please note that we may also disclose personal information to our affiliates and third party service providers, in connection with corporate restructuring, to comply with law, or for compliance, fraud prevention and safety purposes; provided, that we shall only use such information for business purposes specified under the California Privacy Rights Act of 2020 and its implementing regulations (the “CPRA”)

Except as excluded above, the CCPA and CPRA grants California residents the following rights:

Information. You can request information about how we have collected, used and shared your personal information during the past 12 months. We have made this information available to California residents without having to request it by including it in this Privacy Policy, in the chart above. 

Access. You can request a copy of the personal information that we maintain about you. 

Deletion. You delete all the personal information collected or maintained about you by deleting your account. 

Please note that the CCPA and CPRA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you.

You are entitled to exercise the rights described above free from discrimination. 

The CCPA requires us to verify the identity of the individual submitting a request to access or delete Personal Information before providing a substantive response to the request.  

Supplemental notice for Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

Supplemental Notice for Residents in Virginia, Colorado and Connecticut

Depending on where you reside, you may also have additional legal rights with respect to your personal information. While some of these rights apply generally and are already available to you under the GDPR, certain rights apply in limited cases. Consistent with applicable laws, this Supplemental Notice provides a way to exercise such rights for residents of Virginia, Colorado, and Connecticut.

The laws of Virginia, Colorado, Utah and Connecticut grant some or all of the following rights to consumers who reside in those states:

• The right to request information about the personal information that we have collected about that customer in the 12 months preceding the customer’s request (including the categories of information collected, the source of that information, the business purpose of that collection, the categories of third parties with whom that information is shared, and the specific pieces of personal information collected about that particular customer);
• The right to receive requested information in a readily-usable format if provided electronically;
• The right to request that we delete any personal information about the consumer that we have collected (although we may be entitled to retain some information for certain purposes);
• The right to opt-out of “sales” of personal information to third parties, the sharing of personal information with third parties for targeted advertising purposes, and/or the processing of personal information for targeted advertising purposes;
• The right to update or correct any personal information which is out of date or incorrect; and
• The right to be free from discrimination based on your exercise of your privacy rights.

Supplemental Notice – How to Submit a Request

To submit an access, correction or deletion request or if you have any question about this notice or need to access it in an alternative format due to having a disability, please email us at hi@focusmate.com  and indicate what you wish to access and what you wish to have deleted or corrected.

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request.  We cannot respond to your request to access or delete information unless we are able to both verify your identity or authority to make the request and confirm the personal information relates to you and/or your household. If you have an account with us, we will verify your identity by having you log in to your account. If you do not have an account with us, we will attempt to verify your request by asking you to provide identifying information that we will match to information in our files. If you do not have an account and you ask us to provide you with specific pieces of personal information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.  We will only use information you provide in your request for the purpose of verifying your identity or authority to make the request. 

We will endeavor to confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us again. We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 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. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

If you choose to exercise any of your rights under the CPRA, you have the right to not receive discriminatory treatment by us.  To the extent permitted by applicable law, we may charge a reasonable fee to comply with your verifiable consumer request, if 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 completing your request.

Changes to this Policy

Focusmate reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Governing Law

This policy and the use of these Sites are governed by Delaware law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Delaware. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Delaware, under the rules of the American Arbitration Association.

Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.