Last Revised on November 27, 2019
PLEASE ALSO NOTE: THIS POLICY CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS AS DETAILED BELOW. PLEASE READ THIS POLICY CAREFULLY AND FULLY.
Acceptance of Policy. By using the Platform, you agree to be bound by this Policy. If you do not agree to this Policy, then you may not access or use the Platform.
Changes to Policy. Patriot Maids reserves the right, in its sole discretion, to modify this Policy, and any other documents incorporated by reference herein, at any time and without prior notice. Any changes to this Policy will be effective immediately upon posting and will be indicated by a change to the “Last Revised” date at the top of this Policy. Please note that your continued use of the Platform after such changes will constitute acceptance and agreement to such changes. Please review this Policy each time to determine if this Policy has changed.
Consent. You affirm that you are at least 18 years of age and are fully able and competent to enter into, and accept the terms and conditions of this Policy. If you are accessing and using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the terms and conditions of this Policy. In that situation, “you”, “your”, “Customer Member” and/or “Customer Members” will refer to both you and that entity.
This Policy does not apply to any website, product or service of any third-party contractor or company, even if such website, product or service links to (or from) the Services. Patriot Maids does not operate those third-party sites or application links. Please review the privacy practices of those websites or services before deciding whether to provide any of your information to them.
Information We May Collect:
Public Information and Posts. We may collect public information and posts consist of comments or content that you post to the Patriot Maids Services and the information about you that accompanies those posts or content, which may include a name, username, comments, likes, status, profile information and picture. Public Information and Posts are always public, which means they are available to everyone and may be displayed in search results on external search engines.
Submission of Reviews, Ratings, and Comments. We collect information that you voluntarily provide as part of our Site and Services or through our Platform, including messages, posts, comments, responses, reviews, and ratings you submit through the Site, Services and/or Platform (“User Generated Content”). Patriot Maids may in our sole discretion share your User Generated Content with others such as your reviews of our Platform or reviews of service providers. If you do not want certain information shared with others, you should not submit User Generated Content, or should not submit User Generated Content that contains information or Personally Identifiable Information you do not want shared in this manner. Once You have submitted User Generated Content, we reserve the right to publish it one or more times indefinitely in any medium to others.
Activity Information. When you access and interact with the Patriot Maids Services, Patriot Maids and its service providers may collect certain information about those visits. For example, in order to permit your connection to the Patriot Maids Services, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the Patriot Maids Services from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data (including your precise location), or other transactional information for that device.
Personally Identifiable Information. We may collect personal information that you voluntarily provide to us (collectively “Personally Identifiable Information”). Personally Identifiable Information is captured when a User willingly discloses such information to us in a variety of ways including, but not limited to, creating a profile, placing a Service Request, filling out a form, responding to a survey, subscribing to a newsletter, or in connection with other activities, services, features or resources we may make available on our Platform or through our Services.
Personally Identifiable Information includes, but is not limited to: (i) Contact Data (such as name, address, city, state, zip code, phone number, and email address); (ii) Financial Data (such as credit card number, expiration date, and verification code); (iii) Demographic Data (such as your zip code and gender); and (iv) (in certain limited circumstances, related to independent service providers, social security numbers, employment experience, photographs (optional) and other personal information. This Personally Identifiable Information is necessary to generate the products and offerings we offer on the Services.
Users may visit our Platform without providing Personally Identifiable Information. However, refusal to supply Personally Identifiable Information may prevent users from obtaining certain Services or accessing certain offerings on the Platform.
Opting Out. You may choose not to provide us with any Personally Identifiable Information or you may turn off cookies in your web browser by changing your browser settings. If you make these decisions, you may visit the Site or Platform and browse the generally available content, but we cannot transmit or process Service Requests or payments without this information.
Aggregate and Automatically Collected Information. We may automatically collect and monitor general, non-personal, statistical and aggregated information about the use of the Site, Services and/or Platform such as how many visitors visit a specific page on the Site or Platform, how long they stay on that page, and which hyperlinks, if any, they click on. Such aggregate or automatically collected information may also include but is not limited to: the date, time, and length of Services or Platform access; device information, including the hardware model, operating system and version, unique device identifiers and network information; your activities within the Services or Platform; language information; internet domain and host names; internet protocol (IP) addresses; and clickstream patterns. This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as ‘cookies’ and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Site, Services and Platform to make for a better visitor experience.
- Other Tracking Technologies may record information such as Internet domain and host names; protocol (IP) addresses; browser software and operating system types; clickstream patterns; the MAC address or other technical information from your mobile device; location information through GPS, WiFi, Bluetooth, or similar technologies; and dates and times that our Site, Services and/or Platform are accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that ‘serve up’ webpages, automatically identify your computer by its IP address. The Site and Services may also use technology called “tracer tags”. These may also be referred to as “Pixels”, “Clear GIFs” or “Web Beacons”. This technology allows us to understand which pages you visit on our Site or Platform and other ways you interact with our Site, Services and/or Platform such as purchases made through the Site, Services and/or Platform. These tracer tags are used to help us to optimize and tailor our Site, Services and Platform for you and other users of our Site, Services and Platform. We may link the information we record using tracking technologies to Personally Identifiable Information we collect.
- Do Not Track. Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, Patriot Maids and our Platform do not recognize DNT.
Use of Information.
General Use of Information. The information Patriot Maids collects is used in a variety of ways, including:
– for internal review;
– to improve the Site, Services and/or Platform;
– to optimize third-party offers of products and/or services;
– to verify the legitimacy of reviews and ratings;
– to notify you about updates to the Site, Services and/or Platform;
– to let you know about products, services, and promotions that you may be interested in;
– to get reviews and ratings;
– for our marketing purposes and the marketing of discounts offered through our Site, Services and/or Platform by service contractors or related providers (collectively “Service Providers”);
– to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
– internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
Use of Personal Information. Patriot Maids, sometimes with third party assistance, may use your Personally Identifiable Information to verify your identity, process your orders and payments through merchant account services, transmit a Service Request to a House Cleaning Professional, and/or to analyze our User demographics to better serve our users. Your Contact Data may be used to follow up with you on transactions initiated through the Platform, respond to inquiries, inform you of changes to the Platform or Services, and/or to send you additional information about Patriot Maids and/or www.PatriotMaids.com and related products or services. Unless specifically authorized by you, we do not provide Personally Identifiable Information to third parties, except as necessary to provide you with our Services. We may, however, be required to disclose information to third parties if we receive a subpoena or to otherwise comply with applicable law.
Please Note: Although you may submit credit card or other payment information to Patriot Maids as limited payment collection agent for the services of an independent contracting House Cleaning Professional, Patriot Maids does not collect or store that information. All credit card transactions, including the capture and storage of credit card information, are handled by our third-party merchant processing vendor Stripe (the “Payment Service”) and are subject to Stripe’s policies.
How We Share Information.
Non-Personally Identifiable Information: The following explains who we may share non-Personally Identifiable Information with:
- Third Party Vendors. Those who provide services on our behalf, including business analytics, marketing, customer service, merchant processing providers, and internet security, to collect information on our behalf as necessary to operate features of the Site, Services and/or Platform or promote advertising specific to your interests;
- Advertisers. We may share Aggregated and Automatically Collected Information with advertisers who may collect the same type of data that we collect and for the same purposes. These third parties may be able to associate information they collect with information that they have about you from sources outside of the Site, Services and/or Platform. These advertisers may employ cookies or other types of tracking technology that we do not have control over, but you may be able to opt-out of some of their practices by visiting internet-based advertising opt-out organizations like the Network Advertising Initiative and Digital Advertising Alliance or by modifying (where available) the privacy, advertising, marketing or other settings of your Facebook®, Google®, Twitter® or other accounts.
Personally Identifiable Information. Other than what is set out below, we will not share your Personally Identifiable Information with third parties unless we notify you first. You will have an opportunity to choose to opt-out of such information disclosures.
- Legal Authorities. We may share your information, including Personally Identifiable Information, in response to subpoenas, court orders, or other legal process; to exercise our legal rights; to defend against legal claims; or as required by applicable law;
- Business Transfers. We may also share your information in connection with a corporate transaction including, asset sale, merger, consolidation, divestiture, or bankruptcy.
How We Protect Your Information. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data captured through your use of the Services.
Sensitive data, such as Financial Data or Personally Identifiable Information you exchange with the Platform occurs over secure sockets layer (SSL) communication channels and is encrypted and protected with digital signatures. Your information may be transferred to, and maintained on, computers located outside the jurisdiction in which you reside. Please be aware that the privacy laws where your information is transferred may offer more or less protection than the laws where you live. By voluntarily submitting information to us, you consent to have your information transferred to, processed, and stored in the United States, irrespective of what geographic region you are located in.
Telephone Consumer Protection Act of 1991 (“TCPA”) Disclaimer. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls, or SMS messages (text messages) from our representatives, agents, affiliates, by providing us with your phone number, physical address, email address or other mediums of communication, you expressly provide written consent to be contacted by Patriot Maids or anyone communicating with you on our behalf. This express written consent is for any purposes relating to the products and services Patriot Maids offers and/or any account you have with Patriot Maids, at any telephone number(s), or physical or electronic address you provide to us or at which you may be reached. You agree we may contact you in any way, including by phone calls or SMS messages (text messages) whether such calls or SMS messages (text messages) are made by manual dialing, using prerecorded messages or artificial voice, using auto telephone dialing system or using an automatic or automated texting system.
Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative of Patriot Maids calls, he or she may also leave messages on your answering machine, voice mail, or send messages to you via SMS message (text message). You certify that the telephone number(s) or physical or electronic address that you have provided, are in fact methods of communication at which you may be contacted and/or which you regularly receive communications and you agree to receive calls and/or SMS messages (text messages) at each telephone number you have provided to Patriot Maids. You agree to promptly alert Patriot Maids in the event that you stop using any of the phone numbers you have provided to Patriot Maids by calling us at 617-208-0599 or emailing us at Notice@PatriotMaids.com with the affected telephone number in the subject line along with your name in the body of the email. You acknowledge and agree that you alone are responsible for any charges your cellular telephone or mobile phone service provider may charge you to receive calls or SMS messages (text messages) according the type of account you have. You agree that Patriot Maids may contact you by email, using any email address you have provided or that you provide in the future. Providing your consent is not a requirement to purchasing Patriot Maids’ goods or services but withholding your consent may prevent us from providing certain services to you. You may revoke consent to receive text messages at any time by contacting Patriot Maids, including by responding to any text with “STOP”.
Recorded Calls. Patriot Maids may listen to and/or record calls between you and any representative of Patriot Maids without additional notice, as permitted by applicable laws. For example Patriot Maids may listen to or record calls for quality purposes.
In addition, Patriot Maids is not responsible for the privacy or data security practices of other organizations, such as Facebook, Tumblr, Twitter, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to other organizations through or in connection with the Patriot Maids Services.
Sensitive Information. We ask that you not send us, and you not disclose, any sensitive personal information (such as social security numbers, information related to racial or ethnic origin, religion or other beliefs, health, criminal background or trade union membership) on or through the Patriot Maids Services or otherwise. Your use of the Patriot Maids Services is at your own risk. Patriot Maids urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your account, and closing your web browser. In order to help us protect your information further, you should be careful about providing your password to others.
Whenever you give Patriot Maids sensitive or confidential information, Patriot Maids will take commercially reasonable steps to protect the information by establishing a secure connection with your web browser. Patriot Maids uses an industry standard security protocol for encrypting sensitive information. Unfortunately, no security measures are perfect or impenetrable and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to Patriot Maids and you do so at your own risk.
ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.
BY USING AND/OR CONTINUING TO USE THE SITE, SERVICES AND/OR PLATFORM AND/OR BY PROVIDING ANY INFORMATION TO US, YOU AGREE THAT ANY DISPUTE, CLAIM OR DISAGREEMENT BETWEEN YOU AND US ARISING OUT OF, RELATING TO OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES AND/OR PLATFORM, OR THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO THE INTERPRETATION OR CONSTRUCTION OF THIS AGREEMENT (A “DISPUTE”) WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION. THE ARBITRATION, INCLUDING THE SELECTING OF THE ARBITRATOR, WILL BE ADMINISTERED BY THE ALTERNATIVE DISPUTE RESOLUTION PROVIDER AMERICAN ARBITRATION ASSOCIATION (“AAA”), UNDER ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “RULES”) BY A SINGLE NEUTRAL ARBITRATOR AGREED ON BY THE PARTIES WITHIN THIRTY (30) DAYS OF THE COMMENCEMENT OF THE ARBITRATION.
THE ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (TITLE 9 OF THE U.S. CODE). EITHER PARTY MAY INITIATE THE ARBITRATION PROCESS BY FILING THE NECESSARY FORMS WITH AAA. TO LEARN MORE ABOUT ARBITRATION, YOU CAN CALL ANY AAA OFFICE OR REVIEW THE MATERIALS AT WWW.ADR.ORG. THE ARBITRATION SHALL BE HELD IN BOSTON, SUFFOLK COUNTY, MASSACHUSETTS. THE PARTIES WILL EXCHANGE NON-PRIVILEGED INFORMATION RELEVANT TO THE DISPUTE BEING ARBITRATED. YOU MAY BE REPRESENTED BY LEGAL COUNSEL OF YOUR CHOICE IN CONNECTION WITH THE ARBITRATION, AT YOUR COST.
THE PARTY THAT INITIATES THE ARBITRATION WILL BE REQUIRED TO PAY THE FILING FEE. EACH PARTY SHALL BE RESPONSIBLE FOR ONE-HALF OF THE ARBITRATION FEES. EACH PARTY WILL BE RESPONSIBLE FOR THEIR RESPECTIVE ATTORNEY’S FEES AND COSTS. THE PREVAILING PARTY IN ANY ARBITRATION BROUGHT PURSUANT TO THIS POLICY SHALL NOT BE ENTITLED TO RECOVER ITS ATTORNEYS’ FEES AND COSTS FROM THE NON-PREVAILING PARTY.
DISPUTES MUST BE BROUGHT IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND MUST PROCEED ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS. THE ARBITRATOR WILL NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. IF EITHER PARTY ARBITRATES A DISPUTE, NEITHER PARTY, NOR ANY OTHER PERSON, MAY PURSUE THE DISPUTE IN ARBITRATION AS A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION, NOR MAY ANY SUCH DISPUTE BE PURSUED ON BEHALF OF EITHER PARTY IN ANY LITIGATION IN ANY COURT. CLAIMS REGARDING ANY DISPUTE AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS. THIS MEANS THAT THE ARBITRATION MAY NOT ADDRESS DISPUTES INVOLVING OTHER PERSONS WITH DISPUTES SIMILAR TO THE DISPUTES BETWEEN YOU AND US.
THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD ANY LEGAL OR EQUITABLE REMEDY OR RELIEF THAT A COURT COULD ORDER OR GRANT UNDER THIS AGREEMENT IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS AND SUBJECT TO THIS AGREEMENT. THE ARBITRATOR, HOWEVER, IS NOT AUTHORIZED TO CHANGE OR ALTER THE TERMS OF THIS AGREEMENT OR TO MAKE ANY AWARD THAT WOULD EXTEND TO ANY TRANSACTION OTHER THAN THAT CONTEMPLATED BY THIS AGREEMENT. ALL STATUTES OF LIMITATIONS THAT ARE APPLICABLE TO ANY DISPUTE SHALL APPLY TO ANY ARBITRATION BETWEEN THE PARTIES HERETO. THE ARBITRATOR WILL ISSUE A DECISION OR AWARD IN WRITING, BRIEFLY STATING THE ESSENTIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW.
BECAUSE THE PARTIES HERETO HAVE AGREED TO ARBITRATE ALL DISPUTES NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES OF THE ARBITRATOR. FURTHER, YOU, AND YOUR AGENTS AND REPRESENTATIVES, WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
How to Contact Us
Should you have questions, comments or disputes regarding this Policy, please contact us by mail or email at the following:
PATRIOT MAIDS REFERRAL AGENCY, LLC
120 St. James Ave., 6th Floor
Boston, MA 02116