Garofalo Enterprises, Inc.

Policies

General Policies

Policies for
Cloud-based Services

ResLife Portal
HexagonHub

Terms of Use & Privacy Policy

Garofalo Enterprises, Inc. (hereinafter referred to as "Garofalo Enterprises") is an information technology service provider. Headquartered in San Diego, California, we provide a web-based, software-as-a-services and/or consulting services to our customers ("Services").

Garofalo Enterprises respects the privacy of every individual who visits www.garofalo.co ("Website") and/or purchases its Services. This Privacy Policy is our commitment to transparency in communicating how Garofalo Enterprises collects, uses, and discloses the information that is collected from you, the visitor of its website and/or customer as well as the choices you have with respect to the information.

Scope of Policy

This Privacy Policy applies to how we collect, use, and disclose information from the following individuals:

  • Customers – individuals who register, on their own or on behalf of an entity, to use Garofalo Enterprises Services with the creation or administration of a Garofalo Enterprises account.
  • Event/Marketing Participants – individuals who provide their information to Garofalo Enterprises when they subscribe to marketing material, participate in surveys or contests, or attend other Garofalo Enterprises related events.
  • Website Visitors – individuals who visit Garofalo Enterprises's Website and opt to provide contact information including an email address to receive communications from Garofalo Enterprises.

Information We Collect
Customers

Garofalo Enterprises asks for your account information which includes your name, email address, physical address, phone number, and payment information. By voluntarily providing Garofalo Enterprises with your account information, you represent that you own and consent to our use of such personal data.

Event/Marketing Participants

Garofalo Enterprises may ask for your name, email address, physical address, and phone number. Participation in events, surveys, contents, or subscribing to marketing material is voluntary and you may choose whether or not to participate and therefore disclose this personal data.

Website Visitors

At your option, Garofalo Enterprises asks and may collect your name, email address, physical address, and phone number. In addition, we also collect information such as web server logs, internet protocol (IP) addresses, browser type, or other information as part of aggregated data.

Garofalo Enterprises uses cookies, beacons, tags, and other tracking technologies to gather demographic information about you, identify your visits to our Website, other interactions with our Website, and personalize your search experience on our Website. We gather information such as internet protocol (IP) addresses, internet service provider (ISP), operating system, browser type, date/time stamp, and store it in log files. To collect this information, a cookie, a standard feature of a website that allows us to store a small amount of data on your computer to allow our web servers to recognize you, may be set on your computer or device when you visit our Website. We may track your use across different websites and services. In some countries, including those in the European Economic Area ("EEA"), the information in this paragraph may be considered personal information under applicable data protection laws. See "Collection and use of technical information Cookies" section below.

You can control how websites use cookies by changing your cookie settings (www.aboutcookies.org), but your modification may limit your use and functionality of some of the features on our Website. We may also use cookies and other tracking technologies to provide you advertising based on your browsing activities. You may opt out of targeted advertisements by visiting http://optout.networkadvertising.org, or if located in the EEA, you may opt out by visiting http://www.youronlinechoices.eu/.

How we use your information

Garofalo Enterprises uses the information it collects about you in the following ways:

  • To fulfill or meet the reason for which the information is provided.
  • To provide you with information or services that you request from us.
  • To provide you with email alerts and other notices concerning our services, or news that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve our Website and/or Services.
  • For testing, research, analysis and service development.
  • As necessary or appropriate to protect Garofalo Enterprises and our Users.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when your personal information was collected, or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Garofalo Enterprises is among the assets transferred.
  • Garofalo Enterprises will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

How we share information

Garofalo Enterprises shares the information it collects about you in the following ways:

  • Third Party Providers - Garofalo Enterprises may share your information with third party providers that provide services on our behalf. These companies may assist with marketing support, processing credit card payments, providing sales leads, and customer support. Third party providers may only process personal information pursuant to Garofalo Enterprises's instructions, and in compliance with Privacy Policy and other applicable regulations. See Third-Party Vendors below.
  • Advertising - Based on the cookies and other tracking devices, we may work with advertising companies to display ads that may be of interest to you.
  • Business Transactions - To provide information to a third party in the event of any disposition of all or any portion of our business (e.g. reorganization, sale, assignment, bankruptcy).
  • Aggregated or De-identified Data - We may disclose or use aggregated or de-identified information with third party providers for research purposes relating to our Services.
  • As Required by Law or Similar Investigations - To comply with legal obligations (e.g. subpoena) or investigate potential legal violations. Garofalo Enterprises may be required to share personal data in response to lawful requests from public authorities including to meet national security and/or law enforcement requirements.
  • Safety - We may disclose your information to protect and defend the safety of Garofalo Enterprises in connection with investigating and preventing fraud or security issues.
  • Consent - Garofalo Enterprises may share your information with your consent.

Your Choices

You may unsubscribe from receiving promotional or marketing emails from Garofalo Enterprises at any time by using the "unsubscribe" link in the email received, or by emailing us at support@garofalo.co.

With respect to your account information, you may update, correct or delete information that you provided to us by logging into your Garofalo Enterprises account or contacting us at support@garofalo.co.

Collection and use of technical information Cookies

Where necessary, Garofalo Enterprises uses cookies as according to this Terms of Use. The Garofalo Enterprises website and app/product uses cookies. Cookies are small text files placed on your computer or mobile device when you visit a website. They are used to remember your preferences and analyze how people use the site.

The different types of cookies, web site uses those listed below:

  • Session cookies these are used temporarily to preserve the state of your activity between pages, such as passing your choices in a form to the next page. These cookies are transient and are deleted automatically when you close your browser. They are not visible to anything except your browser and are not passed on anywhere else.
  • Persistent third-party cookies (aka Tracking Cookies) are used to record information about how our site gets used. They only collect anonymous data on the pages people visit, and are not used to identify visitors personally. The information stored in the cookie may be transmitted to the cookie provider for analysis in order to compile statistical reports on website activity for the Garofalo Enterprises, and to help subsequent pages present more relevant information ("tracking" pixels). The cookie provider may also transfer this information to other parties who provide additional services such as advertising ("retargeting" pixels). These cookies stay on your computer after you close your browser, but you can remove the cookies at any time (see "How to disable cookies" below).
  • Conversion Cookies: are used to see if a user completes an action that is defined as valuable, these user actions are called conversions. A conversion cookie may track if a user, having clicked an advertisement, then went on to download a prospectus, for example.
  • Third Party Analytics Services: Some of the services used provide the ability to opt-out. You may opt out of Google Analytics' services using the Opt-Out feature on their website. The Google Analytics service is provided by Google Inc. You can opt-out from Google Analytics service from using your information by installing the Google Analytics Opt-out Browser tool: https://tools.google.com/dlpage/gaoptout. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://www.google.com/policies/privacy. See Third-Party Vendors below.

How to disable cookies

Garofalo Enterprises assumes that you consent to the placement of these cookies on your computer by using our website and app/product, unless you specifically disable them in your browser. You can disable these cookies in your web browser with no loss of functionality on our website, but may experience a loss of functionality when using our app/product. This can be done in your browser's Settings menu — use the help function in your browser or on your browser-maker's web site for more information.

Data Storage & Technical information

Technical details in connection with visits to the website (IP address, date, time, page, and type of browser) are logged by the web server to let us manage performance and behavior. Web logs are kept for approximately 300 days and then deleted. These details may also be logged by Garofalo Enterprises's web infrastructure service provider (Liquid Web) for accounting and auditing purposes. The Privacy Policy for Liquid Web is available at: https://www.liquidweb.com/about-us/policies/privacy-policy/

Garofalo Enterprises Inc., creators of Garofalo Enterprises, are members of the Liquid Web Partner Program.

Data Protection Officer (DPO): Frank Garofalo, 1-888-984-5851, or privacy@garofalo.co

Your California Privacy Rights

 See Privacy Notice for California Residents below.

Disputes

The Parties will first attempt in good faith to negotiate a resolution to any and all disputes between the parties arising out of or related to the Terms of Use policy. Any dispute that is not resolved in this manner within twenty (20) business days from the receipt of notice of such dispute will be escalated to a Director at Garofalo Enterprises, and a principal, partner, or senior officer at your business entity for a final attempt to resolve the dispute through good faith negotiations. If after escalating the dispute to the foregoing levels of management, the dispute is not resolved within ten (10) business days, the dispute will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules by an arbitrator familiar with software contracts and the software industry. The final selection of an arbitrator will be agreed upon in writing by the Parties. In the event the Parties cannot agree upon the choice of an arbitrator, each Party will appoint one (1) individual representative and the two (2) Party representatives will, between themselves, choose an arbitrator. The arbitration is to be conducted in the County of San Diego, California. The arbitrators are to apply California law without regard to choice of laws principles. Each Party will submit to any court of competent jurisdiction for purposes of the enforcement of any award, order, or judgment. Any award, order, or judgment pursuant to such arbitration shall be deemed final and shall be entered and enforced in any court of competent jurisdiction.

Changes to this Privacy Policy

We may change our Privacy Notice at any time, in which case we will post the revised Privacy Notice on this website and update the "Last Update" date to reflect the date of the changes. We may also provide notice in other ways, such as by email (if an individual has established an account with us). By continuing to use the Site after we post any such changes, you accept the Privacy Notice as modified.

Questions Regarding Privacy

If you have any questions about this Privacy Notice, our privacy practices, or your dealings with us, you can contact:

Garofalo Enterprises, attn: Privacy Officer
942 Beech Street Suite 206, San Diego, CA 92101
privacy@garofalo.co

Third-Party Vendors

In order to keep your Personal Data as secure as possible, we don't own any servers of our own. Instead, we rely on best-in-class third-party services to store your data more securely than what we would be able to do ourselves.

Here's the list of our vendors we use, and links to their privacy policies:

Vendor / Product Purpose Entity Country Privacy Policy Link
Liquid Web Host our system and databases USA Liquid Web Privacy Policy
Google Analytics Aggregate website visitor statistics USA Google Privacy Policy
Zendesk Customer support ticketing USA Zendesk Privacy Policy
MailChimp Newsletter delivery USA MailChimp Privacy Policy
Calendly Meeting scheduling USA Calendly Privacy Policy
SurveyMonkey Research delivery USA SurveyMonkey Privacy Policy
Square Payment processor USA Square Privacy Policy
Stripe Payment processor USA Stripe Privacy Policy

Privacy Notice for California Residents:

Effective date: December 31, 2019

This Privacy Notice for California Residents ("California Notice") supplements the Garofalo Enterprises Privacy Notice. It applies solely to Garofalo Enterprises Users, Viewers, and Invitees who live in the State of California ("California Residents"). Garofalo Enterprises adopts this notice to comply with the California Consumer Privacy Act of 2019 and any subsequent amendments ("CCPA"). All terms used in this California Notice have the same meaning as when used in the CCPA.

Information Garofalo Enterprises May Collect Regarding California Residents

Garofalo Enterprises collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, our Website may have collected the following categories of personal information from Users and website visitors within the last twelve months, for the purpose of establishing, maintaining, and supporting the services that we provide through our Website:

  • A. Identifiers: real name; alias; email address; internet protocol address.
  • B. Personal information categories listed in Cal. Civ. Code Sec. 1798.80(e): Real name; phone number.
  • C. Commercial information: Purchase records regarding Garofalo Enterprises services and products.
  • D. Internet or other similar network activity: Data on Viewers' interaction with the Garofalo Enterprises Website.

Garofalo Enterprises Obtains the Categories of Personal Information Listed Above from the Following Categories of Sources

  • Directly from our Users and website visitors.
  • Indirectly from our Users and website visitors.
  • Directly and indirectly from activity on our Website and Services.
  • From third parties that interact with us in connection with the services we perform.
How California Resident Personal Information May Be Used

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

  • To fulfill or meet the reason for which the information is provided.
  • To provide you with information or services that you request from us.
  • To provide you with email alerts and other notices concerning our services, or news that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve our Website and/or Services.
  • For testing, research, analysis and service development.
  • As necessary or appropriate to protect Garofalo Enterprises and our Users.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when your personal information was collected, or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Garofalo Enterprises is among the assets transferred.
  • Garofalo Enterprises will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing your contract. As a service provider for an educational system, we are still bound by compliance with Family Educational Rights and Privacy Act (FERPA).

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with the services we provide to you.
  • Government representatives as required by law.

In the preceding twelve (12) months, we have not sold any personal information.

Access to Specific Information and Data Portability Rights

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

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information that we have collected about you.
Deletion Request Rights

You have the right to request that we delete any of your personal information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

At any time, an authorized representative of your organization may request an export your data to be provided to you and/or for your data to be permanently deleted from our servers, which allows for FERPA compliance.

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

  • Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug software to identify and repair errors that impair existing intended functionality.
  • Comply with the California Electronic Communications Privacy Act.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Otherwise lawfully uses that information in compatibility with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by reaching out to support@garofalo.co.

Only you, an authorized representative of your organization, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable California Resident request for access or data portability twice within a 12-month period.

The request must:

  • Provide sufficiently detailed information to allow Garofalo Enterprises to reasonably verify that you are the person about whom we collected personal information or their authorized representative.
  • Include sufficient detail to allow us to properly understand, evaluate, and respond to it.
  • We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
  • Making a verifiable consumer request does not require you to create an account with us.
  • Garofalo Enterprises will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format

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

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

Non-Discrimination

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

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time and will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Policy statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: support@garofalo.co.

Last Update: 8-October-2020

Garofalo Enterprises