2. Data Privacy Notice

Privacy Policy

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are, and how and why we collect, store, use, and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.

We collect, use and are responsible for certain personal data about you. 

Key Terms

It would be helpful to start by explaining some key terms used in this policy:

Personal Data We Collect About You

The personal data we collect about you depends on the particular products and services we provide to you. We will collect and use the following personal data about you:

• Your name and contact information, including email address and telephone number and company details
• Information to check and verify your identity, e.g., your date of birth
• Your gender
• location data
• your billing information, transaction, and payment card information
• your personal or professional interests
• your professional online presence, e.g., Facebook Messenger profile
• your contact history, purchase history, and saved items
• information from accounts you link to us, e.g., Facebook
• Information about how you use our website, IT, communication, and other systems
• your responses to surveys, competitions, and promotions

We collect and use this personal data for the purposes described in the section “How and why we use your personal data” below. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.

How Your Personal Data is Collected

We collect most of this personal data directly from you—in person, by telephone, text, or email and/or via our website and apps. However, we may also collect information:

• From publicly accessible sources, e.g., USPTO and State Secretary of State databases
• From a third party with your consent, e.g., Amazon.com and its affiliates
• From cookies on our website
• Via our IT systems, e.g.,:
• Through automated monitoring of our websites and other technical systems, such as our computer networks and conections, communications systems, email and instant messaging systems;
• any other relevant systems

How and Why We Use Your Personal Data

Under data protection law, we can only use your personal data if we have a proper reason for doing so, e.g.,:

• Where you have given consent
• To comply with our legal and regulatory obligations;
• For the performance of a contract with you or to take steps at your request before entering into a contract –or–
• For our legitimate interests or those of a third party

A legitimate interest is when we have a business or commercial reason to use your personal data, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own.

The table below explains what we use (process) your personal data for why:

How and Why We Use your Personal Data—More Detail

More details about how we use your personal data and why are set out in the table below.

How and Why We Use Your Personal Data—Sharing

See “Who We Share Your Personal Data With” for further information on the steps we will take to protect your personal data where we need to share it with others.

Marketing

We will use your personal data to send you updates (by email, text message, telephone, or post) about our products AND/OR services, including exclusive offers, promotions, or new products AND/OR services.

We have a legitimate interest in using your personal data for marketing purposes (see above "How and Why We Use Your Personal Data"). This means we do not usually need your consent to send you marketing information. If we change our marketing approach in the future so that consent is needed, we will ask for this consent separately and clearly.

You have the right to opt out of receiving marketing communications at any time by:

• Contacting us
• Using the unsubscribe link in emails or STOP number in texts

We may ask you to confirm or update your marketing preferences if you ask us to provide further products AND/OR services in the future, or if there are changes in the law, regulation, or the structure of our business.

Who We Share Your Personal Data With

We routinely share personal data with:

• Companies within the JP SCHICK PLLC group
• Third parties we use to help deliver our services to you, e.g., payment service providers, warehouses and delivery companies
• Other third parties we use to help us run our business, e.g., marketing agencies or website hosts
• Third parties approved by you, e.g., social media sites you choose to link your account to or third party payment providers
• Our insurers and brokers
• Our banks

We only allow those organizations to handle your personal data if we are satisfied they take appropriate measures to protect your personal data.

We or the third parties mentioned above occasionally also share personal data with:

• Our and their external auditors, e.g., in relation to the audit of our or their accounts, in which case the recipient of the information will be bound by confidentiality obligations
• Our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations
• Law enforcement agencies, courts, tribunals, and regulatory bodies to comply with our legal and regulatory obligations
• Other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible. The recipient of any of your personal data will be bound by confidentiality obligations

Who We Share Your Personal Data With—Further Information

If you would like more information about who we share our data with and why, please contact us (see “How to contact us” below).

Where Is Your Personal Data Held

Personal data may be held at our offices and those of our group companies, third party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Data With”).

Keeping Your Personal Data Secure

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your personal data will do so only in an authorised manner and are subject to a duty of confidentiality We also have procedures to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Changes This Privacy Policy

This privacy notice was published on 1 September 2023 and last updated on 1 September 2023.

We may change this privacy notice from time to time, with or without notice.

How to Contact Us

You can contact us by email if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.

Our contact details are shown below:

[email protected]

AccliVet LLC

3. Billing and Cancellation Policy

Services and Membership Fees are non-refundable. 

To terminate a recurring Monthly membership, you must provide advance notice to AccliVet LLC in accordance with your  Agreement, as applicable. You may provide notice of termination via the Billing Center as otherwise permitted by AccliVet LLC or Provisions of your Agreement. If you do not provide timely advanced notice, you must continue to pay monthly membership dues and will continue to be enrolled in the services, as applicable.

Florida Law will govern this Agreement, without reference to rules governing choice of laws. ACCLIVET LLC and you both consent that any dispute with Acclivet LLC or its Affiliates or claim relating in any way to this Agreement or your use of the Services will be resolved by binding arbitration in Florida as described in this paragraph, rather than in court, except that (i) you or we may bring suit in the Governing Courts, submitting to the jurisdiction of the Governing Courts and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights and (ii) we may bring suit in the Governing Courts for any funds we are owed as a result of nonpayment of any fees to Acclivet LLC. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of the General Terms Agreement as a court would. Before you may begin an arbitration proceeding, you must send a letter notifying us of your intent to pursue arbitration and describing your claim to our registered agent. Any dispute, controversy or claim arising out of or relating to any agreement between Acclivet LLC and you, including any question regarding its breach, existence, validity or termination, or the legal relationships established by this agreement, or any non-contractual claims (whether in tort or otherwise), shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the American Arbitration Association ("Rules") in force as at the date of this agreement, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Florida. The language to be used in the arbitral proceedings shall be English. This arbitration agreement shall be governed by and construed in accordance with the law of Florida. Acclivet LLC and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Acclivet LLC and you each waive any right to a jury trial.

4. Monthly Plan Membership Policy

*PLAN PRICING IS SUBJECT TO CHANGE AND CERTAIN SERVICES, PROGRAMS,  MAY BE RESTRICTED, CONDITIONED, OR OTHERWISE LIMITED BY SPECIFIC TERMS AND CONDITIONS AND/OR SUBJECT TO A SEPARATE OR SUPPLEMENTAL FEE FOR ACCESS OR USE.

Retainer Plan Terms

By signing up for an AccliVet Plan, Client agrees to pay Acclivet LLC a monthly retainer at the monthly rate specified on the signup page. This retainer is non-refundable and deemed earned when paid.  You are responsible for paying the Monthly Fee even if you do not utilize any services during the month. The Monthly Fee will not be held in trust, and the retainer is not refundable even if no services are used during the Month. The monthly retainer will be renewed automatically. You agree that we may keep your payment information on-file and automatically process it for this purpose. You also authorize us to bill any “One Time Fees” to your stored payment information. You agree to maintain our service for a minimum term of 6 months. Should you wish to cancel prior to three months, you will be billed the remaining balance of the 6 month commitment. By signing up for services, you agree to this Billing Policy, even if you do not utilize the services and/or complete the signup paperwork.  The monthly retainer fee is price-locked for the six months from when you sign up. Should it be changed in the future, you will be given at least 30 days written notice prior to any price change. Continued use of the services constitutes acceptance of the new pricing.  

• Dues Payments. We collect monthly dues,  and certain other payments (such as recurring payments for services or products) by electronic fund transfer from the designated bank account or credit or debit card on file for your Monthly Payment Method ("Monthly Payment Method"). If we are unable to successfully draft payments from your Monthly Payment Method when due, we will continue to attempt collection thereafter. Acclivet LLC may use services made available by card issuers which automatically update your card information and prevent disruptions due to account changes, such as an expired or reissued card. You may opt-out of this service at any time by contacting your center. We are not responsible for overdraft fees. We do not issue regular monthly invoices. Your transaction history (including, but not limited to, recurring and non-recurring charges) may be found on your Client Portal under “Billing History.” To establish your Retainer, you must provide a Monthly Payment Method. To change your designated dues-paying account, please visit the online Billing Center. Dues, fees, costs and other charges are subject to change by Acclivet LLC at any time without notice, unless otherwise required by law. In the event of a change in any amount charged, Acclivet LLC may provide any notice required by law by regular mail or by email to the address(es) associated with the membership.
• Your continued membership with Acclivet LLC constitutes your agreement to pay Acclivet LLC fees, including specifically its fees for late and or invalid payments.
• Late or Non-Payment(s) - You may be charged fees related to late or non-payment(s) if for any reason we do not receive payment for our services by the due date or you pay less than the full amount owed for our goods and services.
• Late Fee. YOU WILL BE CHARGED A $20 LATE FEE ON ANY PAYMENT AMOUNT (E.G., MONTHLY DUES, FEES OR OTHER CHARGES) ASSESSED IN ANY SINGLE MONTH THAT HAVE NOT BEEN PAID IN FULL WITH RESPECT TO YOUR MONTHLY DUES PAYMENT DUE ON YOUR DUE DATE. WE MAY CHARGE AN ADDITIONAL $20 IF WE DO NOT RECEIVE THAT MONTH'S DUES FROM YOUR MONTHLY PAYMENT METHOD ACCOUNT WITHIN 20 DAYS OF YOUR DUE DATE.  WE CHARGE SUCH MONTHLY LATE FEES FOR UP TO TWO (2) MONTHS WHILE YOUR MEMBERSHIP REMAINS IN A PAST DUE STATUS, AFTER WHICH YOUR PLAN WILL BE TERMINATED FOR NON-PAYMENT. DURING THE TIME YOUR ACCOUNT IS PAST DUE, NO SERVICES WILL BE PROVIDED AND ANY ONGOING WORK WILL BE SUSPENDED UNTIL YOUR ACCOUNT IS BROUGHT TO GOOD STANDING.
• Late Fees Are Not Considered Interest or Penalties. We do not anticipate that you will fail to pay your monthly dues, fees and other charges on a timely basis, and we do not extend credit to Clients or other customers. We sell services, and expect payment for those services before or when we deliver or perform them, including payment on the first day of any monthly service period or on any other date on which payments are due. Any fees or other charges due to late payment or non-payment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs are difficult to calculate or to predict when we set such fees or other charges, including our current $20 late fee, because we cannot know in advance (1) whether you will pay for our services on a timely basis, if ever; (2) when you will actually pay if you do pay late; and (3) what costs we will incur because of your late payment or non-payment.
• Right to Implement or Change Fees. We reserve the right to implement or change fees or other charges at any time, unless otherwise required by law. We may provide any notice required by law by regular mail or by email to the address(es) associated with the membership.
• Membership Termination: Because we do not use long-term membership contracts, you may terminate your membership for any reason upon advanced notice to Acclivet LLC as provided in your Agreement.
• Membership Suspension or Termination by Acclivet LLC.  We reserve the right to suspend or terminate your membership, or any account on your membership, at any time, for any reason and without notice for a failure to comply with these or any of our other rules, regulations, procedures or policies (which may be amended as necessary), or for conduct we determine to be improper, inappropriate or contrary to our best interests or the best interest of our Clients, as determined by us in our sole discretion.
• Arbitration Required for Any Dispute. Any dispute, controversy or claim arising out of or relating to any agreement between Acclivet LLC and you, including any question regarding its breach, existence, validity or termination, or the legal relationships established by this agreement, or any non-contractual claims (whether in tort or otherwise), shall be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the American Arbitration Association ("Rules") in force as at the date of this agreement, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Florida. The language to be used in the arbitral proceedings shall be English. This arbitration agreement shall be governed by and construed in accordance with the law of Florida.