Privacy Policy – Updated November 27, 2023

Introduction

LK MShare LLC, dba MudShare and CaretX (“MudShare,” “CaretX,” “we,” “us,” or “our”) respects your privacy and is committed to protecting it.

This policy describes the types of information we may collect from you or that you may provide when you visit and use the website mudshare.net (our “Website”) and/or any of our applications, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING AND USING THIS WEBSITE OR USING OUR SERVICES, AS APPLICABLE, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY IN ITS ENTIRETY. IF YOU DO NOT AGREE WITH THE TERMS IN THIS POLICY, PLEASE DO NOT USE OUR PLATFORM. Each of our Website, any related URLs, and our applications (each and collectively, as appropriate, the “Platform”) is brought to you by us. This privacy policy provides information about our policies and procedures regarding the collection, use, and disclosure of personal information through the Platform from visitors and users of the Platform (the “Privacy Policy”), and is incorporated into and part of our Terms and Conditions, which govern your access to the Platform and/or your use of the Website and the services made available on or through the Platform, including when you access, use, or download any products, services, features, content, widgets, materials, or other tools offered by MudShare and CaretX (collectively, the “Service”).

Unless otherwise defined herein, capitalized terms have the meanings given in the Terms and Conditions.

Children Under the Age of 13

MudShare and CaretX do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@mudshare.com.

Information We Collect About You and How We Collect It

As you use MudShare’s and CaretX’s Website, applications, or other products, MudShare and CaretX  collects certain information about you, including information that can be used to identify you (alone or in combination with other information). This information may include your name, postal address, e-mail address, or telephone number, technical data such as IP address and login data, your marketing and communications preferences, and information about your internet connection, the equipment you use to access our Website and usage details.

We collect this information (i) directly from you when you provide it to us; (ii) automatically as you navigate through the site; (iii) from third parties, for example, our business partners and clients. Information collected automatically may include usage details, IP addresses, and information collected through cookies. The technologies we use for automatic data collection may include:

       Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

       Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

       Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit MudShare and CaretX  for example, to count users who have visited those pages and for other related website statistics.

[View Cookie Declaration]

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information to present our Website and its contents to you; to provide you with information, products, or services that you request from us; to provide you with notices about your account or subscription, including expiration and renewal notices; to notify you about changes to our Website or any products or services we offer or provide though it; to comply with our legal and regulatory obligations; and/or for any other purpose with your consent.

By using the Service, you consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You can opt out of receiving these types of communications from us by following the directions provided elsewhere in this Privacy Policy.

If your relationship with MudShare and CaretX  ends, we will continue to treat your Personal Data, to the extent we retain it, as described in this Privacy Policy.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect, or you provide as described in this privacy policy:

       To our subsidiaries and affiliates.

       To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

       To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MudShare’s and CaretX’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by MudShare and CaretX about our Website users is among the assets transferred.

       To law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

       To fulfill the purpose for which you provide it, or for any other purpose disclosed by us when you provide the information.

       With your consent.

Choices About How We Use and Disclose Your Information

If you do not wish to have your contact information used by MudShare and CaretX to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@mudshare.com. Information gathered in email and SMS campaigns will not be shared to affiliates or third parties for marketing purposes.

Categories of Personal Information We Disclosed for a Business Purpose

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

  • [Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers).
  • Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.]

[Curate this list of information that has been sold or will be sold under the new procedures.]

Information Obtained from Third Parties

We may receive information about you from third parties and/or from publicly available sources. The third parties from which we receive information about you include business partners and clients. We collect and process this information as necessary to perform a contract or pursuant to another legitimate business interest.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at support@mudshare.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

The safety and security of your information also depends on you. You are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. However, please understand that this information should not be construed as a warranty that our security systems are fail proof. Due to the nature of internet communications and evolving technologies, we disclaim and cannot provide assurance that the information you provide to us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

Retaining Your Data

We will retain your Personal Data as necessary to fulfill the purposes set forth in this policy, comply with our legal obligations, resolve disputes, and enforce our agreements. We will also keep your personal data for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. Thereafter, we will keep your Personal Data for as long as is necessary:

·       To respond to any questions, complaints or claims made by you or on your behalf;

·       To show that we treated you fairly; or

·       To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information [Further details on this are available in our [records management policy and/or schedule that gives these details].] We retain archived copies of your information as required by law or for legitimate business purposes. [When it is no longer necessary to retain your personal information, we will delete or anonymize it.]

Opting Out of Communications

We have a legitimate interest in processing your personal information for promotional purposes (see above “Choices About How We Use and Disclose Your Information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly. If you wish to stop receiving marketing or promotional communications or to opt out of the use of your information for the purposes described in this Privacy Policy, please follow the opt-out instructions, [such as clicking “Unsubscribe” (or similar opt-out language) or “STOP” number in texts], in those communications. You can also contact us support@mudshare.com to opt out. Despite your indicated email preferences, we may send you service-related communications, including notices of any updates to our Terms and Conditions or this Privacy Policy. Please understand that you will not be allowed to opt-out of certain communications required to comply with applicable laws, rules, or regulations, or other legal and related notices concerning your relationship to the Platform and use of the Service.

We Operate in the United States

MudShare and CaretX are based in the United States. The Service is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Your Personal Data may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Service, you consent to (i) the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country, and (ii) the use of your Personal Data in accordance with this Privacy Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Data.

European Economic Area Residents

If you are an individual residing in the European Economic Area (“EEA”), we collect and process information about you only where we have a legal basis for doing so under applicable EU laws, including the European General Data Protection Regulation (“GDPR”). The legal basis depends on the particular Service you use and how you use it. This means we collect and use your information only where:

       We need it to provide you the Service, including to operate the Service; take necessary steps prior to performing a contract, or at your request; provide customer support; and protect the safety and security of the Platform and Service; or

       It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Service, to personalize a Service you receive, and to protect our legal rights and interests.

You give us consent to do so for a specific purpose or when we need to process your data to comply with a legal requirement. If you have consented to our use of information about you for a specific purpose, you may change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g., your employer) have a legitimate interest to do so, you may object to that use though, in some cases, this may mean no longer using the Service. To do so, please contact us support@mudshare.com.

As detailed above, in the event of a data breach, we will endeavor to notify you within seventy-two (72) hours of detection of a breach that we conclude poses significant risks to your rights and freedoms under the GDPR.

EEA Data Subjects: Where Your Personal Information is Held

Information may be held at our offices, third party agencies, service providers, representatives and agents as described above (see above: “Disclosure of your Information”).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA.”

EEA Data Subjects: Transferring Your Personal Information Out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal information outside the EEA, e.g.:

·       With your and our service providers located outside the EEA

·       If you are based outside the EEA; or

·       [Where there is an international dimension to the Services we are providing to you].

These transfers are subject to special rules under European and UK data protection law.

EEA Data Subjects: How to File a GDPR Complaint

We hope that we can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

California Residents

Pursuant to the California Consumer Privacy Act (“CCPA”), residents of California have certain rights concerning a business with which the California resident has an established business relationship regarding the Personal Data the business collects, uses, and discloses. For example, California residents have the right to know what Personal Data a business has about them. California residents can obtain a report of this Personal Data twice every twelve (12) months.

If you choose to contact us directly by email at support@mudshare.net, you will need to provide us with:

       Enough information to identify you [(e.g., your full name, address and telephone number]

       Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and

       A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

When California residents terminate their accounts on the Platform, they have the right to have their information forgotten (i.e., deleted), except to the extent the Platform is prohibited by law from deleting the information.

California residents also have the right to opt out from their data being sold or otherwise monetized with third parties through a “Do Not Sell” request. If you exercise your right to opt-out of the sale or sharing of your personal information, we will refrain from selling or sharing your personal information, unless you subsequently provide express authorization for the sale or sharing of your personal information.

If we maintain inaccurate Personal Data about you, you have the right to request us to correct that inaccurate personal information. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.

You have the right to not be retaliated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

·       Deny goods or services to you;

·       Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

·       Provide a different level or quality of goods or services to you; or

·       Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

To request your Personal Data information, exercise your right to request deletion, exercise your Do Not Sell request, or to correct your Personal Data, please contact us support@mudshare.com.

Changes to Our Privacy Policy

Any changes we make to our privacy policy on this page. Material changes to this policy will be flagged through a notice on the Website home page.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us via email or at our toll-free number:

support@mudshare.com

800-646-2504

Do You Need Extra Help?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “Contact Information” above).