Privacy Policy
Effective Date: January 1, 2024
Overview
This Privacy Policy describes how Happily, Inc. (dba: One Tap Away) (“OTA,” “we,” “us,” “our”) collects, uses, and shares information about you. This Privacy Policy applies to personal information we collect when you access or use our mobile application and related sites (the “Properties”), use our products and services (individually and collectively with the Properties, the “Services”) or otherwise interact with us. If you do not agree with the terms of this Privacy Policy, please do not continue using the Services.
By "personal information," we mean information that uniquely identifies an individual, such as your name, email addresses, phone numbers, mailing addresses, payment card information, account numbers, and government-issued identification numbers, your unique financial information, such as your credit card number; and information that we link to your unique identifier(s) or unique financial information. If information is de-linked or de-identified, we do not consider it to be personal information. For example, your postal address would not be personal information if it were included in a list of addresses without names or other unique identifiers. Business information (such as the name of a business or the business address or phone number) is not personal information.
References to OTA (or “we”) also include companies providing services to OTA and our business partners, to the extent that such parties are collecting, using, or sharing personal information for or on behalf of OTA. This Privacy Policy applies to information collected by those companies only when they provide it to OTA.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by posting the updated Privacy Policy on our website and updating the effective date at the top of this Privacy Policy. If we make material changes, we will provide you with additional notice (such as adding a statement to our website or sending you an email notification).
Information We Collect, and Information You Give to Us
We collect information you provide directly to us. For example, we collect your name, email address, mailing address, phone number(s), and other information when you register for an account; make a service request; make a purchase; request customer support; leave a review or about your experiences with OTA, Home service Providers or users or otherwise upload, link or provide content that includes personal information; or subscribe to our promotional marketing programs. If you are a Professional, we collect government identification and other personal information necessary for background, reference or license checks and we collect information about your customers in connection with the services you provide to them through our platform.
Information We Collect Automatically
When you access or use the Services or when we send you emails, we and our advertisers may use tracking technologies to automatically collect information about you. Please see our Cookie Policy to learn more about these technologies, how we use them, and how to manage or disable them. Automatically collected information may be associated with your unique browser, device identifier or Internet protocol (IP) address, but we do not consider it to be personal information unless it is linked to your unique identifier(s).
Automatically collected information includes:
Log Information. We log information such as IP address, access times, operating system, browser type and language, Internet service provider (ISP), and the web page you visited before navigating to our Services.
Usage and Session Information. We collect usage information, such as how many visitors visit a specific page, how long they stay, which links they click on, and how, when and how often they order particular services, and session information, such as mouse actions, pages visited, screen actions and other interaction patterns.
Device Information. We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Location Data. If you are using mobile Services, we may collect location data directly from your mobile device if your device allows us to do so. In addition, your IP address may provide an approximate geo-location.
Transaction Information. When you purchase a service, we collect information about the transaction, such as the date and location of the purchase.
Emails. When you receive emails from us, we collect information about whether and when you opened the email, whether you clicked on the images and links in the email, and whether your computer or mobile device is capable of receiving HTML-based email.
Aggregate and Anonymized Information
We may also aggregate (group) or de-link/de-identify (anonymize) information. Aggregated, anonymized data is not personal information subject to this Privacy Policy, and we may use it to analyze usage of the Services or for any other purpose. We may also share aggregated and/or anonymized information with OTA business partners.
How We Use the Information We Collect
In general, we use the information we collect to operate our business, including:
To provide, maintain, improve and personalize the Service.
To connect users with Financial and Home Service Providers and other companies that receive or help us meet requests and orders for home-related products and services.
To process transactions, to provide and improve customer service, to communicate with you about your account, changes in our policies or other service matters, and to otherwise manage our customer relationships.
To market products and services from OTA and our and their business partners, to optimize marketing campaigns, and to analyze their effectiveness, distribution and reach.
To develop new products and services (including improving algorithms).
To detect, investigate and address technical issues, security incidents, fraudulent transactions, abuse, violations of our agreements and policies, and illegal activities.
To comply with our legal obligations and legal process.
To create aggregated or de-identified data sets.
To carry out certain short-term activities and other reasonable internal purposes related to the Services, the products or services you purchase through us or your ongoing relationship with us.
To perform other business purposes described at the time the information is collected or as otherwise set forth in applicable data privacy laws.
OTA 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.
How We Share Information
Except as described in this Privacy Policy, we do not sell or rent your personal information to any third party. If we share your personal information, we do so only as follows:
Companies Providing Services to OTA
We share information with third-party vendors, consultants, and other service providers that are providing business services through the OTA mobile application. For instance, we may share information about you with a third-party service provider that hosts the Properties, provides call center or other customer service, creates reports or other products ordered by users, sends out emails, serves ads to you on the Properties or on a third-party platform, or monitors or analyzes Services data. Such companies will have access to personal information only as necessary to carry out their work and are prohibited from using it for any other purpose.
User-Directed Disclosures
We share your personal information when you direct us to do something that requires its disclosure or when you otherwise provide your consent. For example, if you seek a Professional through the Services, we may provide your personal information to the Professional and the Professional’s information to you.
Partners
We share your personal information in connection with Services offered to you in conjunction with our partners or in connection with partner programs or promotions. If you request, access or use our Services through our partners or if you request access or use their services through our Properties, both OTA and the partner may receive your personal information. For example, if you sign up with OTA, request services from OTA partners or consent to receive communications from OTA through a partner-promoted or co-branded website or within a partner’s store, OTA and that partner may share your personal information with each other. We may also disclose your personal information to partners if you participate in their promotion offered through us or you purchase or request information about a partner’s products or services from us. For example, if we offer a discount on a partner product or service through a marketing email or a website link, we may disclose to the partner personal information about our users who contact us or visit the partner’s website or their users who visit our website.
Compliance with Laws and Policies; Protection of Rights
We may disclose your personal information if we believe disclosure is necessary to comply with any applicable law, regulation, or legal process, to cooperate with government or law enforcement, or to avoid legal liability; to resolve complaints or disputes; to investigate and resolve technical issues, security incidents, fraud, abuse, and illegal activities; if we believe your actions are inconsistent with the spirit or language of our user agreements or policies; or to protect the rights, reputation, safety and property of OTA or others.
Strategic Transactions
We may disclose personal information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business or in a bankruptcy, liquidation, dissolution or similar transaction. In the event that we or all of our assets are acquired in such a transaction, our collected information would be one of the transferred assets.
Professional Information
We do not consider the business information of Professionals to be personal information. Accordingly, we may share Professionals’ business names, owner/proprietor names, business contact information and other information with third parties for any purpose.
We take reasonable measures, including administrative, technical, and physical safeguards, to restrict access to your personal information and help protect it from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. For example, when you enter a credit card number on the Properties, we encrypt that information in transit over the Internet and when stored. However, no such measure is 100% secure.
Third-Party Websites or Services
The OTA website may contain links to other third-party websites and services, either directly or through advertisements on OTA’s website. OTA is not responsible for the content or privacy practices of websites operated by third parties, including our advertising partners and networks. We encourage you to review the privacy policies of third-party websites and services before providing any information to them.
Managing Your Personal Information
Account Information
You may access, update and correct your online account information at any time by logging into your online account and updating your preferences. If you wish to delete your account, you may do so through the mobile applications or email us at support@onetapaway.com. Please note that, even if your account is deleted, information that you chose to provide in a public area of the Services (such as reviews and projects) may remain visible to the public and may remain in the accounts of or be otherwise retained by users, Professionals and other third parties with whom such information has been shared, and we may retain your information as required by law or for legitimate business purposes. We may also retain cached or archived copies of your information.
Promotional Communications
Receiving promotional text (SMS) messages, emails and direct mail from OTA is completely voluntary, and you may opt out at any time. To opt out of promotional communications from OTA, you can contact OTA customer service at support@onetapaway.com.
Please note that even if you opt out, we may still send you non-promotional communications, such as emails about site outages, your online account or service requests that you have submitted.
Communications By Third Parties
To opt out from receiving promotional communications from OTA or other third party, or to make requests regarding your personal information or other information held by them, you should contact them directly.
State-Specific Rights
Your California Resident Privacy Rights
Under the California Consumer Privacy Act or CCPA, California residents have certain rights regarding their personal information, including:
The right to know the categories of personal information we’ve collected about them and the categories of sources from which we got the information (see Information We Collect);
The right to know the business purposes for which we’ve shared their personal information (see How We Use Information We Collect);
The right to know the categories of third parties with whom we’ve shared their personal information (see How We Share Information We Collect);
The right to access the specific pieces of their personal information we’ve collected and to request that we delete personal information, subject to certain exceptions (see below);
The right to opt out of the sale of their personal information (see below); and
The right to not be discriminated against for exercising their CCPA privacy rights.
The right to correct inaccurate personal information;
As of January 1, 2023, the right to opt-out of sharing your personal information with third parties for the purposes of targeted behavioral advertising; and
As of January 1, 2023, the right to request correction of inaccurate personal information and to request to limit disclosure or use of your sensitive personal information. Please note, however, that any right to request correction is limited by the legal rights of OTA and its users relating to content on the Properties, including without limitation legally protected rights related to freedom of speech.
For purposes of these rights, “sold” and “business purpose” have the meanings given in the CCPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the CCPA does not deem to be sales. In addition, please note that the CCPA does not require us to delete personal information that we need to maintain for certain purposes.
To exercise the access and deletion rights described above, you may submit a verifiable consumer request to us at support@onetapaway.com.
Your Nevada Resident Privacy Rights
If you are a resident of Nevada, you have the right to opt out of the sale of certain kinds of personal information (such as name, physical address, email address, telephone number and other personal information collected through a website) to purchasers that will then license or sell the covered information to additional persons. You can exercise this right by emailing us at support@onetapaway.com with the subject line “Nevada Do Not Sell Request.” Nevada law specifies various transactions that are excluded from the definition of “sale”; if you exercise this opt-out right, you will not be opted out from transactions that the law does not deem to be sales.
Your Virginia Resident Privacy Rights (Effective January 1, 2023)
Under Virginia’s Consumer Data Protection Act, effective as of January 1, 2023, Virginia residents have certain rights regarding their personal information, including:
The right to access the specific pieces of their personal information we’ve collected (see Information We Collect) and to request that we delete personal information, subject to certain exceptions (see below);
The right to opt out of the sale of their personal information (see below);
The right to opt-out of targeted advertising (see below); and
The right to request correction of inaccurate personal information and to request to limit disclosure or use of your sensitive personal information. Please note, however, that any right to request correction is limited by the legal rights of OTA and its users relating to content on the Properties, including without limitation legally protected rights related to freedom of speech.
For purposes of these rights, “sold” and “business purpose” have the meanings given in the VCDPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the VCDPA does not deem to be sales. In addition, please note that the VCDPA does not require us to delete personal information that we need to maintain for certain purposes.
To exercise the access and deletion rights described above, you may submit a verifiable consumer request to us support@onetapaway.com.
Your Colorado Resident Privacy Rights (Effective July 1, 2023)
Under Colorado’s Consumer Privacy Act, effective as of July 1, 2023, Colorado residents have certain rights regarding their personal information, including:
The right to access the specific pieces of their personal information we’ve collected (see Information We Collect) and to request that we delete personal information, subject to certain exceptions (see below);
The right to opt out of the sale of their personal information (see below);
The right to opt-out of targeted advertising (see below); and
The right to request correction of inaccurate personal information and to request to limit disclosure or use of your sensitive personal information. Please note, however, that any right to request correction is limited by the legal rights of OTA and its users relating to content on the Properties, including without limitation legally protected rights related to freedom of speech.
For purposes of these rights, “sold” and “business purpose” have the meanings given in the CPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the CPA does not deem to be sales. In addition, please note that the CPA does not require us to delete personal information that we need to maintain for certain purposes.
To exercise the access and deletion rights described above, you may submit a verifiable consumer request to us at support@onetapaway.com.
Your Connecticut Resident Privacy Rights (Effective July 1, 2023)
Under Colorado’s Data Privacy Act, effective as of July 1, 2023, Connecticut residents have certain rights regarding their personal information, including:
The right to access the specific pieces of their personal information we’ve collected (see Information We Collect) and to request that we delete personal information, subject to certain exceptions (see below);
The right to opt out of the sale of their personal information (see below);
The right to opt-out of targeted advertising (see below); and
The right to request correction of inaccurate personal information and to request to limit disclosure or use of your sensitive personal information. Please note, however, that any right to request correction is limited by the legal rights of OTA and its users relating to content on the Properties, including without limitation legally protected rights related to freedom of speech.
For purposes of these rights, “sold” and “business purpose” have the meanings given in the CDPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the CDPA does not deem to be sales. In addition, please note that the CDPA does not require us to delete personal information that we need to maintain for certain purposes.
To exercise the access and deletion rights described above, you may submit a verifiable consumer request to us at support@onetapaway.com.
Your Utah Resident Privacy Rights (Effective December 31, 2023)
Under Utah’s Consumer Privacy Act, effective as of December 31, 2023, Utah residents have certain rights regarding their personal information, including:
The right to access the specific pieces of their personal information we’ve collected (see Information We Collect) and to request that we delete personal information, subject to certain exceptions (see below);
The right to opt out of the sale of their personal information (see below); and
The right to opt-out of targeted advertising (see below).
For purposes of these rights, “sold” and “business purpose” have the meanings given in the UCPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the UCPA does not deem to be sales. In addition, please note that the UCPA does not require us to delete personal information that we need to maintain for certain purposes.
To exercise the access and deletion rights described above, you may submit a verifiable consumer request to us at support@onetapaway.com.
Retention
OTA retains personal information as long as it is needed for business or legal purposes. We retain transactional information for at least seven years to ensure we can perform legitimate business functions, such as accounting for tax obligations. We also retain your information as necessary to comply with our legal obligations, resolve disputes and enforce our terms and policies.
Governing Law; Visitors Residing Outside the United States
OTA’s website and services are hosted and performed in the United States. This Privacy Policy is subject the laws of the United States of America and the State of Delaware, without regard to conflict of law principles. If you reside outside of the United States, you are responsible for complying with local laws in connection with your use of the Services, and you consent to the collection, transfer, storage, and use of your personal information in the United States in accordance with this Privacy Policy.
The laws governing processing of personal information vary depending on the jurisdiction in which you reside. To the extent the laws of your jurisdiction are more restrictive than the terms of this Privacy Policy, it is OTA’s policy to follow the requirements of those laws to the extent those laws are applicable to OTA’s activities or your personal information.
Terms & Conditions
Effective Date: January 1, 2024
Happily, Inc. (dba: One Tap Away) (“OTA,” “we,” “us,” “our”) provides its services (described below) to you through its mobile application and related services (collectively, such services, including any new features and applications, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OTA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://www.onetapaway.com/privacy-policy/. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Service Description: Through the Service, OTA provides information about and/or access to its laundry, air and EV charging services, as well as a marketplace of consumer services.
Your Registration Obligations: You may be required to register with OTA in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify OTA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. OTA will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: OTA reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that OTA will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that OTA may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on OTA’s servers on your behalf. You agree that OTA has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that OTA reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that OTA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Services Via Mobile Device: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (the “Mobile Services”). To the extent your access to the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Services, you agree that we may communicate with you regarding OTA and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your OTA account information.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by OTA. OTA reserves the right to investigate and take appropriate legal action against anyone who, in OTA’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of OTA, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose OTA or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited
communications;
g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
No Commercial Use: The Service is for your personal use. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Billing and Payment
Payment Authorization: When you provide payment information to OTA or to one of its payment processors, you represent to OTA that you are the authorized user of the card, PIN, key or account associated with that payment instrument, and you authorize OTA to charge your credit card or other payment instrument for any funds or other fees (including transaction and credit card fees) incurred by you in connection with the Services. OTA may require you to provide your address or other information in order to meet its obligations under applicable tax law.
OTA may offer to you the option to purchase an ongoing subscription for the Services, wherein recurring payments would be made in exchange for continued use of the Service (“Recurring Payment Subscriptions”). By continuing to use the Recurring Payment Subscription, you agree and reaffirm that OTA is authorized to charge your payment instrument on file (or your OTA Account, if funded), and process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify OTA promptly of any relevant changes to your payment instrument (e.g. change in credit card number, billing address, expiration date, etc.).
If your use of the Services is subject to any type of use or sales tax, then OTA may also charge you for those taxes, in addition to the any other applicable fees.
Prepaid Account Balance: OTA may make available an account balance associated with your account (the “OTA Account”). It functions as a prepaid balance to purchase the Services. You may place funds in your OTA Account up to a maximum amount determined by OTA, by credit card, prepaid card, promotional code, or any other payment method accepted by OTA. Without prejudice to any statutory rights you may have, you can request a disbursement of the funds in your OTA Account by contacting OTA, subject to OTA’s standard refund policies. You are responsible for monitoring your prepaid account balance and immediately notifying OTA of any discrepancies. OTA shall not be responsible for the acts of any third parties which may impact your account balance, even if OTA had knowledge of any such acts.
Third Party Distribution Channel
OTA offers Software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
• OTA and you acknowledge that these Terms of Service are concluded between OTA and you only, and not with Apple Inc. (“Apple”), and that as between OTA and Apple, OTA, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be OTA’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
• OTA and you acknowledge that OTA, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between OTA and Apple, OTA, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to OTA as follows: [Email address] [Mailing address].
OTA and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by OTA, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, publicly display, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by OTA from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of OTA, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by OTA.
The OTA name and logos are trademarks and service marks of OTA (collectively the “OTA Trademarks”). Other OTA, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to OTA. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of OTA Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of OTA Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will OTA be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that OTA does not pre-screen content, but that OTA and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, OTA and its designees will have the right to remove any content that violates these Terms of Service or is deemed by OTA, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you may upload or transmit through the Service (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading or transmitting any User Content, you hereby grant and will grant OTA and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to OTA are non-confidential and OTA will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that OTA may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of OTA, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. OTA has no control over such sites and resources and OTA is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that OTA will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that OTA is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
You may enable or log in to the Service via various online third-party services, such as services like Facebook or Google (“Third Party Services”). By logging in or directly integrating these Third-Party Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Third Party Services on the websites of their respective providers. As part of such integration, the Third-Party Services will provide us with access to certain information that you have provided to such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Third Party Services and OTA’s use, storage and disclosure of information related to you and your use of such services within OTA (including your friend lists and the like), please see our Privacy Policy at https://www.onetapaway.com/privacy-policy/. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and OTA shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
In addition, OTA is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Third Party Services. As such, OTA is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Services. OTA enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold OTA and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
OTA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OTA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL OTA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID OTA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution - Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and OTA, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and OTA are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND OTA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND OTA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
OTA is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@onetapaway.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to OTA should be sent to 1204 W. Bethel Road, suite 160, Coppell, TX 75109 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If OTA and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or OTA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by OTA or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or OTA is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/ as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless OTA and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, OTA agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, OTA will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, OTA will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, OTA will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, OTA agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending OTA written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that OTA, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if OTA believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. OTA may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be affected without prior notice and acknowledge and agree that OTA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that OTA will not be liable to you or any third party for any termination of your access to the Service.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and OTA will have no liability or responsibility with respect thereto. OTA reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and OTA and govern your use of the Service, superseding any prior agreements between you and OTA with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and OTA agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Nassau County, New York. The failure of OTA to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of OTA, but OTA may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Your Privacy
At OTA, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Happily, Inc., 1204 W. Bethel Road, suite 160, Coppell, TX 75109.
Questions? Concerns? Suggestions?
Please contact us at support@onetapaway.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
Privacy Policy
Effective Date: January 1, 2024
Overview
This Privacy Policy describes how Happily, Inc. (dba: One Tap Away) (“OTA,” “we,” “us,” “our”) collects, uses, and shares information about you. This Privacy Policy applies to personal information we collect when you access or use our mobile application and related sites (the “Properties”), use our products and services (individually and collectively with the Properties, the “Services”) or otherwise interact with us. If you do not agree with the terms of this Privacy Policy, please do not continue using the Services.
By "personal information," we mean information that uniquely identifies an individual, such as your name, email addresses, phone numbers, mailing addresses, payment card information, account numbers, and government-issued identification numbers, your unique financial information, such as your credit card number; and information that we link to your unique identifier(s) or unique financial information. If information is de-linked or de-identified, we do not consider it to be personal information. For example, your postal address would not be personal information if it were included in a list of addresses without names or other unique identifiers. Business information (such as the name of a business or the business address or phone number) is not personal information.
References to OTA (or “we”) also include companies providing services to OTA and our business partners, to the extent that such parties are collecting, using, or sharing personal information for or on behalf of OTA. This Privacy Policy applies to information collected by those companies only when they provide it to OTA.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by posting the updated Privacy Policy on our website and updating the effective date at the top of this Privacy Policy. If we make material changes, we will provide you with additional notice (such as adding a statement to our website or sending you an email notification).
Information We Collect, and Information You Give to Us
We collect information you provide directly to us. For example, we collect your name, email address, mailing address, phone number(s), and other information when you register for an account; make a service request; make a purchase; request customer support; leave a review or about your experiences with OTA, Home service Providers or users or otherwise upload, link or provide content that includes personal information; or subscribe to our promotional marketing programs. If you are a Professional, we collect government identification and other personal information necessary for background, reference or license checks and we collect information about your customers in connection with the services you provide to them through our platform.
Information We Collect Automatically
When you access or use the Services or when we send you emails, we and our advertisers may use tracking technologies to automatically collect information about you. Please see our Cookie Policy to learn more about these technologies, how we use them, and how to manage or disable them. Automatically collected information may be associated with your unique browser, device identifier or Internet protocol (IP) address, but we do not consider it to be personal information unless it is linked to your unique identifier(s).
Automatically collected information includes:
Log Information. We log information such as IP address, access times, operating system, browser type and language, Internet service provider (ISP), and the web page you visited before navigating to our Services.
Usage and Session Information. We collect usage information, such as how many visitors visit a specific page, how long they stay, which links they click on, and how, when and how often they order particular services, and session information, such as mouse actions, pages visited, screen actions and other interaction patterns.
Device Information. We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Location Data. If you are using mobile Services, we may collect location data directly from your mobile device if your device allows us to do so. In addition, your IP address may provide an approximate geo-location.
Transaction Information. When you purchase a service, we collect information about the transaction, such as the date and location of the purchase.
Emails. When you receive emails from us, we collect information about whether and when you opened the email, whether you clicked on the images and links in the email, and whether your computer or mobile device is capable of receiving HTML-based email.
Aggregate and Anonymized Information
We may also aggregate (group) or de-link/de-identify (anonymize) information. Aggregated, anonymized data is not personal information subject to this Privacy Policy, and we may use it to analyze usage of the Services or for any other purpose. We may also share aggregated and/or anonymized information with OTA business partners.
How We Use the Information We Collect
In general, we use the information we collect to operate our business, including:
To provide, maintain, improve and personalize the Service.
To connect users with Financial and Home Service Providers and other companies that receive or help us meet requests and orders for home-related products and services.
To process transactions, to provide and improve customer service, to communicate with you about your account, changes in our policies or other service matters, and to otherwise manage our customer relationships.
To market products and services from OTA and our and their business partners, to optimize marketing campaigns, and to analyze their effectiveness, distribution and reach.
To develop new products and services (including improving algorithms).
To detect, investigate and address technical issues, security incidents, fraudulent transactions, abuse, violations of our agreements and policies, and illegal activities.
To comply with our legal obligations and legal process.
To create aggregated or de-identified data sets.
To carry out certain short-term activities and other reasonable internal purposes related to the Services, the products or services you purchase through us or your ongoing relationship with us.
To perform other business purposes described at the time the information is collected or as otherwise set forth in applicable data privacy laws.
OTA 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.
How We Share Information
Except as described in this Privacy Policy, we do not sell or rent your personal information to any third party. If we share your personal information, we do so only as follows:
Companies Providing Services to OTA
We share information with third-party vendors, consultants, and other service providers that are providing business services through the OTA mobile application. For instance, we may share information about you with a third-party service provider that hosts the Properties, provides call center or other customer service, creates reports or other products ordered by users, sends out emails, serves ads to you on the Properties or on a third-party platform, or monitors or analyzes Services data. Such companies will have access to personal information only as necessary to carry out their work and are prohibited from using it for any other purpose.
User-Directed Disclosures
We share your personal information when you direct us to do something that requires its disclosure or when you otherwise provide your consent. For example, if you seek a Professional through the Services, we may provide your personal information to the Professional and the Professional’s information to you.
Partners
We share your personal information in connection with Services offered to you in conjunction with our partners or in connection with partner programs or promotions. If you request, access or use our Services through our partners or if you request access or use their services through our Properties, both OTA and the partner may receive your personal information. For example, if you sign up with OTA, request services from OTA partners or consent to receive communications from OTA through a partner-promoted or co-branded website or within a partner’s store, OTA and that partner may share your personal information with each other. We may also disclose your personal information to partners if you participate in their promotion offered through us or you purchase or request information about a partner’s products or services from us. For example, if we offer a discount on a partner product or service through a marketing email or a website link, we may disclose to the partner personal information about our users who contact us or visit the partner’s website or their users who visit our website.
Compliance with Laws and Policies; Protection of Rights
We may disclose your personal information if we believe disclosure is necessary to comply with any applicable law, regulation, or legal process, to cooperate with government or law enforcement, or to avoid legal liability; to resolve complaints or disputes; to investigate and resolve technical issues, security incidents, fraud, abuse, and illegal activities; if we believe your actions are inconsistent with the spirit or language of our user agreements or policies; or to protect the rights, reputation, safety and property of OTA or others.
Strategic Transactions
We may disclose personal information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business or in a bankruptcy, liquidation, dissolution or similar transaction. In the event that we or all of our assets are acquired in such a transaction, our collected information would be one of the transferred assets.
Professional Information
We do not consider the business information of Professionals to be personal information. Accordingly, we may share Professionals’ business names, owner/proprietor names, business contact information and other information with third parties for any purpose.
We take reasonable measures, including administrative, technical, and physical safeguards, to restrict access to your personal information and help protect it from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. For example, when you enter a credit card number on the Properties, we encrypt that information in transit over the Internet and when stored. However, no such measure is 100% secure.
Third-Party Websites or Services
The OTA website may contain links to other third-party websites and services, either directly or through advertisements on OTA’s website. OTA is not responsible for the content or privacy practices of websites operated by third parties, including our advertising partners and networks. We encourage you to review the privacy policies of third-party websites and services before providing any information to them.
Managing Your Personal Information
Account Information
You may access, update and correct your online account information at any time by logging into your online account and updating your preferences. If you wish to delete your account, you may do so through the mobile applications or email us at support@onetapaway.com. Please note that, even if your account is deleted, information that you chose to provide in a public area of the Services (such as reviews and projects) may remain visible to the public and may remain in the accounts of or be otherwise retained by users, Professionals and other third parties with whom such information has been shared, and we may retain your information as required by law or for legitimate business purposes. We may also retain cached or archived copies of your information.
Promotional Communications
Receiving promotional text (SMS) messages, emails and direct mail from OTA is completely voluntary, and you may opt out at any time. To opt out of promotional communications from OTA, you can contact OTA customer service at support@onetapaway.com.
Please note that even if you opt out, we may still send you non-promotional communications, such as emails about site outages, your online account or service requests that you have submitted.
Communications By Third Parties
To opt out from receiving promotional communications from OTA or other third party, or to make requests regarding your personal information or other information held by them, you should contact them directly.
State-Specific Rights
Your California Resident Privacy Rights
Under the California Consumer Privacy Act or CCPA, California residents have certain rights regarding their personal information, including:
The right to know the categories of personal information we’ve collected about them and the categories of sources from which we got the information (see Information We Collect);
The right to know the business purposes for which we’ve shared their personal information (see How We Use Information We Collect);
The right to know the categories of third parties with whom we’ve shared their personal information (see How We Share Information We Collect);
The right to access the specific pieces of their personal information we’ve collected and to request that we delete personal information, subject to certain exceptions (see below);
The right to opt out of the sale of their personal information (see below); and
The right to not be discriminated against for exercising their CCPA privacy rights.
The right to correct inaccurate personal information;
As of January 1, 2023, the right to opt-out of sharing your personal information with third parties for the purposes of targeted behavioral advertising; and
As of January 1, 2023, the right to request correction of inaccurate personal information and to request to limit disclosure or use of your sensitive personal information. Please note, however, that any right to request correction is limited by the legal rights of OTA and its users relating to content on the Properties, including without limitation legally protected rights related to freedom of speech.
For purposes of these rights, “sold” and “business purpose” have the meanings given in the CCPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the CCPA does not deem to be sales. In addition, please note that the CCPA does not require us to delete personal information that we need to maintain for certain purposes.
To exercise the access and deletion rights described above, you may submit a verifiable consumer request to us at support@onetapaway.com.
Your Nevada Resident Privacy Rights
If you are a resident of Nevada, you have the right to opt out of the sale of certain kinds of personal information (such as name, physical address, email address, telephone number and other personal information collected through a website) to purchasers that will then license or sell the covered information to additional persons. You can exercise this right by emailing us at support@onetapaway.com with the subject line “Nevada Do Not Sell Request.” Nevada law specifies various transactions that are excluded from the definition of “sale”; if you exercise this opt-out right, you will not be opted out from transactions that the law does not deem to be sales.
Your Virginia Resident Privacy Rights (Effective January 1, 2023)
Under Virginia’s Consumer Data Protection Act, effective as of January 1, 2023, Virginia residents have certain rights regarding their personal information, including:
The right to access the specific pieces of their personal information we’ve collected (see Information We Collect) and to request that we delete personal information, subject to certain exceptions (see below);
The right to opt out of the sale of their personal information (see below);
The right to opt-out of targeted advertising (see below); and
The right to request correction of inaccurate personal information and to request to limit disclosure or use of your sensitive personal information. Please note, however, that any right to request correction is limited by the legal rights of OTA and its users relating to content on the Properties, including without limitation legally protected rights related to freedom of speech.
For purposes of these rights, “sold” and “business purpose” have the meanings given in the VCDPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the VCDPA does not deem to be sales. In addition, please note that the VCDPA does not require us to delete personal information that we need to maintain for certain purposes.
To exercise the access and deletion rights described above, you may submit a verifiable consumer request to us support@onetapaway.com.
Your Colorado Resident Privacy Rights (Effective July 1, 2023)
Under Colorado’s Consumer Privacy Act, effective as of July 1, 2023, Colorado residents have certain rights regarding their personal information, including:
The right to access the specific pieces of their personal information we’ve collected (see Information We Collect) and to request that we delete personal information, subject to certain exceptions (see below);
The right to opt out of the sale of their personal information (see below);
The right to opt-out of targeted advertising (see below); and
The right to request correction of inaccurate personal information and to request to limit disclosure or use of your sensitive personal information. Please note, however, that any right to request correction is limited by the legal rights of OTA and its users relating to content on the Properties, including without limitation legally protected rights related to freedom of speech.
For purposes of these rights, “sold” and “business purpose” have the meanings given in the CPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the CPA does not deem to be sales. In addition, please note that the CPA does not require us to delete personal information that we need to maintain for certain purposes.
To exercise the access and deletion rights described above, you may submit a verifiable consumer request to us at support@onetapaway.com.
Your Connecticut Resident Privacy Rights (Effective July 1, 2023)
Under Colorado’s Data Privacy Act, effective as of July 1, 2023, Connecticut residents have certain rights regarding their personal information, including:
The right to access the specific pieces of their personal information we’ve collected (see Information We Collect) and to request that we delete personal information, subject to certain exceptions (see below);
The right to opt out of the sale of their personal information (see below);
The right to opt-out of targeted advertising (see below); and
The right to request correction of inaccurate personal information and to request to limit disclosure or use of your sensitive personal information. Please note, however, that any right to request correction is limited by the legal rights of OTA and its users relating to content on the Properties, including without limitation legally protected rights related to freedom of speech.
For purposes of these rights, “sold” and “business purpose” have the meanings given in the CDPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the CDPA does not deem to be sales. In addition, please note that the CDPA does not require us to delete personal information that we need to maintain for certain purposes.
To exercise the access and deletion rights described above, you may submit a verifiable consumer request to us at support@onetapaway.com.
Your Utah Resident Privacy Rights (Effective December 31, 2023)
Under Utah’s Consumer Privacy Act, effective as of December 31, 2023, Utah residents have certain rights regarding their personal information, including:
The right to access the specific pieces of their personal information we’ve collected (see Information We Collect) and to request that we delete personal information, subject to certain exceptions (see below);
The right to opt out of the sale of their personal information (see below); and
The right to opt-out of targeted advertising (see below).
For purposes of these rights, “sold” and “business purpose” have the meanings given in the UCPA. For example, if you submit an opt-out request, you will not be opted out from transactions that the UCPA does not deem to be sales. In addition, please note that the UCPA does not require us to delete personal information that we need to maintain for certain purposes.
To exercise the access and deletion rights described above, you may submit a verifiable consumer request to us at support@onetapaway.com.
Retention
OTA retains personal information as long as it is needed for business or legal purposes. We retain transactional information for at least seven years to ensure we can perform legitimate business functions, such as accounting for tax obligations. We also retain your information as necessary to comply with our legal obligations, resolve disputes and enforce our terms and policies.
Governing Law; Visitors Residing Outside the United States
OTA’s website and services are hosted and performed in the United States. This Privacy Policy is subject the laws of the United States of America and the State of Delaware, without regard to conflict of law principles. If you reside outside of the United States, you are responsible for complying with local laws in connection with your use of the Services, and you consent to the collection, transfer, storage, and use of your personal information in the United States in accordance with this Privacy Policy.
The laws governing processing of personal information vary depending on the jurisdiction in which you reside. To the extent the laws of your jurisdiction are more restrictive than the terms of this Privacy Policy, it is OTA’s policy to follow the requirements of those laws to the extent those laws are applicable to OTA’s activities or your personal information.