Formless, Inc dba Formless and its affiliates (collectively, “Formless,” “our,” “us,” or “we”) operate websites, provide products and services through mobile and other applications, and develop software. We refer to these as “site(s),” “service(s),” or “our sites and services.”
Data Controller and Contracting Parties
For the purposes of the General Data Protection Regulation 2016/679 (the “GDPR”), the Data Controller is Formless, Inc registered in the State of Florida, United States of America with a registered address at 3020 Marcos Drive S312, Aventura FL 33160.
You can contact our Data Protection Officer by sending an email to firstname.lastname@example.org or by writing to:
Attn: Legal Department
3020 Marcos Drive S312,
Aventura FL 33160 U.S.A.
Personal Information that You Provide to Us
Personal information is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with personal information. When you interact with our sites and services, depending on the site or service, we may collect the following personal information directly from you:
- Account or Registration Information where needed to use our sites and services, and may include your name, address, email address, telephone number, birthday, user account name, and password;
- Contact Information, which generally includes your name, addresses, email addresses, social media website user account names, and/or telephone numbers;
- Payment Information where needed to process payments and generally includes your credit or debit card number, expiration date, and card verification number;
- Personal Profile or Service Information, which may include areas of interest, information from social media interactions (such as Facebook, Twitter, or Google+), preferences, physical characteristics (such as height, weight), photographs and, biographical, health information and/or demographic information (such as gender);
- Transaction Information, which may include information about how you interact with and use our sites and services, email, other communications, and applications, and how you interact with merchants, business partners, and service providers;
- Geographic Location Information, but only if your device transmits location data and/or your IP address and you have activated a location-enabled site or service;
- Job-Search-Related Information where needed for recruitment purposes and may include educational and employment background, driver’s license number, and social security number;
- Survey Data where needed for the functionality of certain services and generally includes survey questions and responses, and may allow you to import email addresses and names in order to send surveys or to allow us to send surveys on your behalf;
- Medical Information, where needed for the functionality of certain services, such as to connect you with your healthcare provider, and may include your medical history, present symptoms, future conditions or treatments, insurance carrier and plan, and any other medical and health information you or your healthcare provider choose to provide to us;
- Appointment Information, where needed to schedule an appointment or consultation through our online appointment or consultation services and may include the requested appointment information, which may be linked with health or legal information that you choose to provide to us;
- Access to Your Data, but only if you use certain services, interactive tools, or authorize us to retrieve information from another database, user, or other third party on your behalf, such as integrating a practice management system with your services;
- Your Submissions, which generally includes information you voluntarily provide through free form text boxes, forums, document upload, or data retrieval or import;
In each of the above instances, you will know what personal information we collect through our sites and services because you voluntarily and directly provide it to us.
Other Information We Automatically Collect through Cookies and Other Technologies
We or our third-party service providers may collect and store certain technical information when you use our sites and services. For example, our servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the site or service, device size and other software or hardware information. If you access our sites and services from a mobile or other device, we may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it and to improve your experience in using the sites or services.
In addition, we or our third-party service providers may collect information about how you use of our sites, including but not limited to, the date and time you visit the sites, the areas or pages of the sites that you visit, the amount of time you spend viewing the sites, the number of times you return to the sites, visits to sites outside our network, preferred language, and other click-stream data.
2.2 Do Not Track
You can opt-out of being targeted by certain third party advertising companies online by visiting the Network Advertising Initiative, Omniture, Aperture, PrivacyChoice, and/or Digital Advertising Alliance.
We currently do not respond to “Do Not Track” browser signals. Accordingly, your navigation on our sites and services may be tracked as part of our efforts to gather user information described above. If you arrive at our sites and services by way of a link from a third-party site that does respond to “Do Not Track” browser signals, such “Do Not Track” browser signal recognition will end as soon as you reach our sites and services.
Our Legal Bases for Processing
We will only collect and process personal information, including sharing it with third parties, where we have a legal basis for such collection and processing. We rely on a number of legal bases, including:
- our legitimate interests in providing and improving our sites and services;
- our legitimate interests in keeping our sites and services safe and secure;
- our third party service providers’ legitimate interests as described in “Other Information We Automatically Collect Through Cookies and Other Technologies” above;
- your consent to the processing of your personal information, which you can revoke at any time;
- where the processing of your personal information is required to protect your vital interests or those of another person, such as other users of our sites and services;
- where the processing of personal information is necessary to comply with a legal obligation such as a law, regulation, search warrant, subpoena, or court order.
How We Use Personal Information
4.1 Personal Information that You Provide to Us
We may use the personal information that you provide in one or more of the following ways:
- to carry out our obligations arising from your purchase of, or subscription to, our services or any other contract entered into between you and us;
- to enable site features such as geographically specific pricing or logging, and retrieving and providing analysis of data;
- to send you important notices, such as communications about changes to your account, and our sites’ and services’ terms, conditions, or policies;
- to process payments and to send you emails, invoices, receipts, notices of delinquency, alerting you if we need different or updated payment card information or other communications in connection with processing and collecting payments;
- to verify the information you provide through our sites and services, including income and employment information, in connection with a loan request sent through our sites and services;
- to retain your loan request for the length of time determined by us or by applicable law;
- to solicit input and feedback to improve our sites and services and customize your user experience;
- to enable you to communicate with other site or service users via private messaging or other service specific communication channels;
- to contact you via email, telephone, text or chat in a manner required by law;
- to meet contractual obligations;
- to send you reminders, technical notices, updates, security alerts, support and administrative messages, and service bulletins;
- to inform you about new products or promotional offers, or other opportunities which we feel will be of interest to you, and to provide advertisements to you through our sites, email messages, text messages, applications, or other methods of communication;
- to manage our sites’ and services’ administration, forum management, or fulfillment;
- to provide customer service and technical support;
- to administer surveys, sweepstakes, giveaways, contests, or similar promotions or events sponsored by us or our partners;
- for internal purposes such as auditing, data analysis, and research to improve our products, services, and communications;
- to allow you to apply for a job or sign-up for special offers from third parties through our sites and services;
- to help you contact or schedule an appointment with a healthcare provider or a legal professional listed in one of our directories and to remind you of upcoming or follow-up appointments;
- to perform services in conjunction with interactive tools, such as integrating practice management systems, making a referral, sending a prescription to a pharmacy, or sending a test to a clinical laboratory; and
- to run (or authorize third parties to run) statistical research on individual or aggregate trends.
In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information, or with your consent.
4.2 Other Information We Automatically Collect Through Cookies and Other Technologies
We may use information collected from you through cookies and other tracking technologies in one or more of the following ways:
- to remember you when you return to our sites;
- to understand and analyze trends, to monitor usage, and learn about user behavior;
- to gather demographic information about our user base as a whole;
- to customize ads, content, or offers on our sites and services; and
- to conduct market research and measurement in order to improve our sites, content, and services and to make our sites, content, and services more useful for users.
Sharing Personal and Non-Personal Information
We may share your personal information with third parties in the following circumstances:
- when we engage third parties to perform services on our behalf, such services include maintenance, hosting, data storage, security, analytics and data analysis, payment processing, marketing, email and text message distribution, customer service, and surveys and sweepstakes;
- when you communicate with us by email, submit an online form through our sites and services, request a quote or information, request financing, purchase a product or service, or otherwise submit a request through our sites and services, the personal information you provide may be shared with third parties to process or respond to your request, provide you with the products or services you requested, or complete a transaction, including a third party broker, aggregator, or other referral service to share and/or sell your information to a lender, dealer, or other financial institution in connection with your online request.
- when you schedule an appointment with a healthcare provider or legal professional, we may share your contact data, insurance data, and medical data with such healthcare provider or legal professional;
- where necessary to operate our sites and services, your personal information and the contents of all of your online communications on or through our sites and services may be accessed and monitored:
- to satisfy any applicable laws or regulations,
- to defend ourselves in litigation or a regulatory action,
- when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant),
- where we believe our sites and services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk management, and
- when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally;
- in the event of a merger, acquisition, debt financing, restructure, sale of Formless’ assets by or with another company, or a similar corporate transaction, we may need to disclose and transfer all information about you, including personal information, to the successor company;
- we may share information about you with Formless’ subsidiaries and affiliates and companies acquired by or merged with Formless and its affiliates, including without limitation, to enable such acquired or merged companies to advertise to you products and services in which you may be interested.
We may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent.
Non-personal information may be shared with our partners who referred you to our site(s) and who may use the data for their market research and measurement purpose. User information may also be shared with our partners who help us deliver ads to you on websites not controlled by us; for instance, when we put a pixel on a conversion page on our site and a marketing partner uses that pixel to optimize the traffic that they send to us.
User Generated Content, Online Communities and Forums, Profiles, Surveys, Reviews and Ratings
We are not a lender or a broker. When you submit a loan request form using our services, we may share your loan request and related information with one or more consumer finance lending institutions and/or other lenders and dealers to evaluate your loan request in accordance with their loan terms and requirements. You authorize those consumer finance lending institutions and other lenders or dealers to access your credit report in order to evaluate your credit history and loan request and to verify the information in your loan request.
We may also share the information you provide through a loan request using our services to a third-party broker, aggregator, or other referral service that will send your information to other lenders and/or dealers in connection with your loan request and in accordance with their privacy policies.
7.1 Lender Specific Information
Your loan request and information submitted using our services may be shared with one or more third party consumer finance lending institutions, other lenders, or dealers, including the consumer finance lending institutions listed below, and you consent to be contacted by these third-party consumer finance lending institutions and other lenders or dealers in connection with your loan request, including by autodialer, text messaging, and/or prerecorded messages:
CarFinance Capital LLC
7525 Irvine Center Drive
Irvine, CA 92618
8585 N. Stemmons Freeway
Suite 1100 – North
Dallas, TX 75247
7.2 Consent to Electronic Signatures, Records and Disclosures
When you submit a request using our services to send your information to a third party lender in connection with obtaining a loan, such lender needs your consent to use and accept electronic signatures, records and disclosures related to your loan transaction and other communications with the lender. Below are your rights when receiving such electronic signatures, records and disclosures. By submitting your loan request, you are acknowledging receipt of this disclosure and consent to conduct transactions with the third party lender using electronic signatures, records and disclosures.
- Hardware and Software. Before you decide to do business electronically with a third party lender or dealer, you should consider whether you have the required hardware and software described below. By submitting your information, you acknowledge that you have the required hardware and software designated below to access the documents.
- The documents may be provided to you either on the third party’s website, in an email message, or as an attachment to an email message sent to the email address you provide as part of your request through the Site or Services and/or application or registration with the lender or dealer. To access the documents, you will need an email account and may need Adobe Acrobat Reader version 7 or higher, and a personal computer or other access device which is capable of accessing the Internet. To retain the documents, your access device must have the ability to either download the documents to your computer’s hard drive or have must have a printer to print the documents. You should send any questions regarding the hardware and software requirements directly to the third party lender or dealer.
- Right to Paper Copies. You have the right to have any documents provided to you in paper form rather than electronic form. You can request the paper copies for your loan transaction or other communications from the third party lender or dealer that you are contacting for a loan. For convenience, if you wish to obtain documents in paper form from CarFinance Capital, LLC you may contact ElectronicRecords@CarFinance.com and from Santander by calling (855) 563-5635.
- Right to Withdraw Consent; Update Contact Information. You may withdraw your consent to use and receive electronic signatures, records and disclosures in connection with your loan transaction or other communications or update your contact information at any time by contacting the third party lender or dealer that you are contacting for a loan. For convenience, you may withdraw consent from, or update your contact information with, CarFinance Capital, LLC by emailing ElectronicRecords@CarFinance.com and Santander by calling (855) 563-5635.
7.3 Fair Lending Practices – Regulation B Disclosures
- Alimony, child support, or separate maintenance income need not be revealed if you do not choose to have it considered as a basis for repaying an auto loan.
- Any opt-out requests related to a third party’s products or services must be submitted to directly to the third party providing the products or services.
Accessing and Updating Personal Information
We encourage you to keep your personal information up-to-date and accurate. The methods for accessing, viewing, correcting, and deleting your personal information will depend on which sites or services you use and their features. You have several choices; for instance:
- to view and change the personal information that you directly provided to us, you can return to the web page on our site where you originally submitted the data and follow the instructions on that web page;
- to correct or update your account information, you can log into the site or service where you are registered and navigate to your account;
- to close your account, you can log into the site or service where you are registered and navigate to your account;
- to change your email preferences, you can visit the email preferences page for the relevant site or follow the opt-out or unsubscribe instructions included in each email (for more information about email preferences, please see “Email and Other Communications” below); or
- to access, change, or remove your protected health information, please see the “HIPAA” section below.
You can also manage certain aspects of information collection and use, including disabling geo-location, by going to the settings of your mobile device and reviewing the permissions of each application.
If you have questions about your options, please fill out our Contact Form. Protecting your privacy and security is important and we also take reasonable steps to verify your identity before granting access to your data.
Storing Personal Information
Email and Other Communications
Our sites and services may allow us or other users to communicate with you or other users through our in-product instant messaging services, service-branded emails, SMS, and other electronic communication channels.
10.1 Text Messaging
We may make available text messaging services in which you can receive messages from us and send messages to us on your mobile phone, which will be governed by our Text Messaging Services Policy.
10.2 Opting Out of Requested Communications
Requested communications include, for instance, email newsletters and software updates that may be expressly requested by you or which you consented to receive. After you request such communications, you may “opt-out” of receiving them by using one of the following methods:
- selecting the email “opt-out” or “unsubscribe” link, or following the opt-out instructions included in each email communication;
- returning to the web page(s) where you originally registered your preferences and following the opt-out instructions; or
- filling out our Contact Form.
10.3 Opting Out of Transactional or Relationship Communications
Communications that are sent by or on behalf of a user are indicated as being from that user. Communications that are sent by us are indicated as being from us or one of our account or support specialists. Either type of communication may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates, such as appointment reminders. Email communications received from users and our administrative announcements are often transactional or relationship messages, such as appointment requests, reminders, and cancellations. You may not be able to opt-out of receiving certain email messages, although our services may provide a means to modify the frequency of receiving them.
10.4 Opting Out of General or Promotional Communications
General communications provide information about products, services, and/or support and may include special offers, new product information, or invitations to participate in market research. You may opt-out of receiving these general communications by using one of the following methods:
- selecting the email “opt-out” or “unsubscribe” link, or following the opt-out instructions included in each email communication; or
- filling out our Privacy Contact Form.
Protecting Personal and Protected Health Information
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we deploy a wide range of technical, physical, and administrative safeguards, including: Transport Layer Security (TLS), firewalls, system alerts, and other information system security technologies; housing health data in secure facilities that restrict physical and network access; and regular evaluation and enhancement of our information technology systems, facilities, and information collection, storage, and processing practices. We use reasonable and appropriate administrative, physical, technical, and data security procedures and controls to safeguard your personal and protected health information against unauthorized access, disclosure, loss, misuse, and alteration. Under applicable law, we are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of Protected Health Information (“PHI”), as such term is defined by the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act (collectively referred to herein as HIPAA), residing on and processed by our sites and services.
We use third-party service providers to manage credit card and payment processing. These service providers are not permitted to store, retain, or use billing Information except for the sole purpose of credit card and payment processing on our behalf. When you enter payment information to be processed by our third party service providers, we encrypt the transmission of that information using transport layer security (TLS) technology and do not store it on our systems.
It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our services. We cannot assume responsibility or liability for unauthorized access to our servers and systems. When disclosing any personal or protected health information, you should remain mindful of the fact that it is potentially accessible to the public and, consequently, can be collected and used by others without your consent. Accordingly, you should carefully consider if you want to submit sensitive information that you would not want disclosed to the public and should recognize that your use of the Internet and our sites and services is solely at your risk. You are ultimately responsible for maintaining the secrecy for all your personal information, including your protected health information. Except as provided in a Business Associate Agreement between us and a healthcare provider, we have no responsibility or liability to anyone for the security of your personal or protected health information transmitted via the Internet.
Linked Websites and Services
We may also provide social media features on our sites and services that enable you to share personal information with your social network(s) and to interact with our sites and services. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.
Our sites and services may collect, disclose, use, and store PHI that you submit to your healthcare provider or that your healthcare provider submits to us. Our collection, disclosure, use, and storage of PHI, is governed by HIPAA.
13.1 Use and Disclosure of Your Protected Health Information
When you use certain services (for example, appointment request) the PHI that you submit is used and disclosed by us as a Business Associate, as defined by HIPAA, according to the terms of the Business Associate Agreement between us and your healthcare provider. Accordingly, we may only use and disclose your PHI on behalf of, or to provide services to, your healthcare provider according to the terms of the Business Associate Agreement. There are exceptions to this use and disclosure restriction. Under such exceptions, we may use and disclose your PHI (i) for our internal management and administration; (ii) to carry out our legal obligations; and (iii) to perform data aggregation services for your healthcare provider and other healthcare providers; provided that, any disclosures for our internal management and administration or to carry out our legal obligations are either required by law or made after we obtain reasonable assurances from the party to whom the PHI is disclosed that such PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to such party.
We may subcontract some of our services. In doing so, we require our subcontractors to comply with the same terms and conditions for PHI that apply to us as a Business Associate.
13.2 How to Access, Change, or Remove Your PHI
Subject to certain exceptions, HIPAA establishes rights with respect to your PHI. These rights generally include the right to restrict the uses and disclosures of your PHI, the right to access and receive a copy of your PHI, the right to amend your PHI, and the right to receive an accounting of the disclosures of your PHI. If you wish to exercise any of these rights, please contact your healthcare provider.
Please note that you are not entitled to review the content of another user’s account. Accordingly, if you have used our sites and services to share personal information with another user or third-party, you may not be entitled to access, update, or delete the information that you shared. Further, please note that other users may submit information that identifies you, and you may not be entitled to access, update, or delete that information. In either case, certain users, such as healthcare providers, may be required by HIPAA and other applicable laws or regulations to retain such information for extended periods of time.
Most of our Business Associate Agreements require us and our subcontractors to either return or destroy PHI received or created pursuant to the business associate relationship upon the termination of the Business Associate Agreement. Accordingly, if the Business Associate Agreement between us and your healthcare provider has been terminated, then any PHI that you submitted to our sites and services, or otherwise maintained by us or a subcontractor in connection with our sites and services, will be returned to the healthcare provider or destroyed by us or such subcontractor.
Children’s and Minor’s Privacy
Children under the age of 13 are not permitted to use our sites and services. We do not knowingly collect personal information from children under the age of 13 or utilize plug-ins or ad networks that collect personal information through child-directed third-party websites or online services. If we learn that we have collected personal information from a child under 13, we will take steps to promptly delete such information.
Our sites and services generally require users to be at least 18 years of age. Unless our sites and services contain the “Privacy Rights for California Minors in the Digital World” supplemental terms, our sites and services do not collect age from users under 18. Without limiting the generality of the foregoing, our services may allow users above the age of 18 (such as healthcare providers, parents, and guardians) to submit personal information of minors. Such users assume full responsibility over their submission, use, and transmission of such information.
We are headquartered in the United States. Our sites and services are hosted and administrated in the United States or hosted with cloud service providers who are headquartered in the United States and are intended for users in the United States. If you are located outside the United States, be aware that information you provide to us or that we obtain as a result of your use of our sites and services may be processed in, transferred to, and stored in the United States and will be subject to United States law. The privacy and data protection laws of the United States may be different from the laws of your country of residence.
By using our sites and services or providing us with your information, you consent to the transfer of your information to the United States for processing and storage.
California Privacy Rights
FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your personal information with third parties. If you reside in California and you have provided us with your personal information, you may request information about our disclosures of certain categories of your personal information to third parties for direct marketing purposes. To make such a request, please fill out our Privacy Contact Form with “California Privacy Rights” in the subject line and allow 30 days for a response. We will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
FOR RESIDENTS OF CALIFORNIA UNDER THE AGE OF 18. In accordance with Section 22581 of the California Business and Professions Code, you may request and obtain the removal of content or information you have publicly posted. To make such a request, please fill out our Privacy Contact Form with “California Privacy Rights” in the subject line. Please specify the site(s) or service(s) to which your removal request relates, including any URLs where the content or information is posted, and the specific content or information you posted for which you are requesting removal. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
EU Privacy Rights
FOR RESIDENTS OF THE EUROPEAN UNION ONLY. Under European data protection law, in certain circumstances, you have the right to:
- request access to your personal information;
- request correction of your personal information;
- request erasure of your personal information;
- object to processing of your personal information;
- request restriction of processing your personal information;
- request transfer of your personal information; and
- withdraw your consent.
In addition, you have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes.
Last Updated: January 15, 2019