Privacy Policy for Nula

I. Introduction: Who We Are and Why We Collect Your Information

Nula LLC (“Nula,” “we,” “us,” “our”) maintains the “Nula” applications (the “Application”), which permits parents and the guardians of minors to connect with babysitters and temporary caretakers to coordinate appointments and communications (the “Coordination Services”). In addition to the Application, we may also maintain a supporting website (collectively with its sub-websites, the “Website”). Supporting services may also be available through the Application and the Website (the “Supporting Services”).

We take privacy of personal information seriously. Please read the following to learn more about our privacy practices. By downloading the Application, using the Coordination Services or Supporting Services, visiting the Website, and/or accessing or using any other functionalities, features, surveys, media, content, applications or services offered from time to time by Nula in connection with the Application or Website (collectively, the “Services”) in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to our collection, use, and sharing of your information in the following ways.

II. What Does This Privacy Policy Cover?

This Privacy Policy covers our collection and processing of (1) personally identifiable information (“PII”) protected by data security and breach notification laws in the United States (“PII Laws”), (2) protected health information (“PHI”) under the Health Insurance Portability and Accountability Act (“HIPAA”), if and to the extent we handle PHI as a business associate of a covered entity under HIPAA; (3) personal information protected by the Children’s Online Privacy Protection Act (“COPPA”), if and to the extent that law applies to information we collect and process, (4) information protected by the California Consumer Privacy Act (“CCPA”), California Privacy Rights Act (“CPRA”), and California Online Privacy Protection Act (“CalOPPA”), if and to the extent those laws apply to information that we collect and process, (5) information protected by the New York Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”), if and to the extent that law applies to information that we collect and process; (6) personal data protected by the Virginia Consumer Data Protection Act (“CDPA”), if and to the extent that law applies to information that we collect and process; (7) information protected by the Colorado Privacy Act (“CPA”), if and to the extent that law applies to information that we collect and process, and (8) personal information the confidentiality, availability, or integrity of which is protected by applicable law (such laws collectively with the PII Laws, HIPAA, COPPA, CCPA, CPRA, CalOPPA, the SHIELD Act, CDPA, CPA, the “Privacy Laws”) (collectively, “Personal Information”), which we gather when you are accessing, viewing or using the Services. Where noted, the terms of this Privacy Policy are limited by the Privacy Laws that govern an individual’s or user’s jurisdiction, such that requirements created by the Privacy Laws of one jurisdiction with regard to Personal Information are not incorporated herein and made to apply to the Personal Information of an individual or user of another jurisdiction if such Privacy Laws would not otherwise govern. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or otherwise control.

III. What Information Does Nula Collect?

Nula endeavors to limit the type and amount of Personal Information that we collect and process to only information necessary to fulfill the purposes identified in this Privacy Policy. With that in mind, we collect and process the following types of information:

​ ​ ​ ​ A. Information You Provide to Us

We may collect and process Personal Information from and about you when you use the Application, visit the Website, register for or subscribe to any Services, communicate with us, post or send information in the Services, and otherwise interact with the Services. For example, when you create an account on the Application, we may collect your name, contact information (including email address, home address, and phone number), bank account number, last four digits of your social security number, information regarding your children (including name, date of birth, school, and allergies), a photograph, user name or e-mail address in combination with a password or security question, and a face scan. Additionally, if you communicate with other users through the Services, we may collect the contents of those communications. You can choose not to provide us with certain information, although that may affect the functionality of the Services.

​ ​ ​ ​ B. Information Collected Automatically

When you use our Services, certain information is passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as Internet Protocol (IP) addresses, cookies, and geolocation tracking. These are described in more detail below:

​ ​ ​ ​ C. E-mail and Other Communications

We may communicate with you by email or other means. When we do this, in addition to the information contained in the email, we may collect a confirmation when you open email or click on links in the email. This confirmation helps us improve our service. If you do not want to receive email or other mail from us, please indicate your preference by visiting our email preference page. Please note that, if you do not want to receive legal notices from us, those legal notices will still govern your use of the Services, and you are responsible for reviewing such legal notices for changes.

​ ​ ​ ​ D. Sensitive Personal Information

Except as otherwise stated in this Privacy Policy, we do not knowingly collect sensitive Personal Information, including: government identifiers (such as Social Security numbers and driver’s licenses); financial account and login information (such as credit or debit card number together with login credentials); precise geolocation; race, ethnicity, religious or philosophical beliefs, or union membership; content of nonpublic communications (mail, email and text messages); genetic data; biometric or health information; and sex life or sexual orientation information. As applicable under the relevant Privacy Laws, where we collect and use such information as a processor, contractor, service provider, or similar type of entity, we rely on the controller, business, or similar type of entity to obtain your informed consent.

​ ​ ​ ​ E. Personal Information Nula Has Collected in the Last 12 Months

Nula has collected the following categories of Personal Information in the 12 months immediately preceding the Effective Date of this Privacy Policy: names; contact information; children’s names, ages, schools, and allergies; locations; geolocations; emergency contact information (including name, phone number, email, and relationship to child); profile pictures; profile narratives; content of communications; appointment information (including sitter’s name, parents’ names, children’s named, status of sitter’s arrival, date, location, duration, payment amount, status of payment, tip amount, payment method, travel by sitter and children, photos and videos taken during appointment, and locations of photos and videos); bank account information (including type, account number, and routing number); reviews of sitters and parents; last four digits of social security numbers; hourly rates; IP addresses; face scans; information related to the use of the Services; users’ devices; and confirmation when users have read our communications. Please see the other portions of Section III above for an explanation of the categories of sources from which we collect the information described here. The business purposes for the collection and processing of this information are described in Section IV. The categories of third parties we share this information with are described in Section V.

IV. What Does Nula Do With Personal Information?

Nula collects and uses Personal Information:

Nula may anonymize or aggregate Personal Information it collects. It may also use that information and other non-Personal Information it collects when you use or interact with the Application, Website or Services to better understand our users and their behaviour and to improve the user experience of the Application, Website, and Services.

We may also share certain Personal Information with third parties as described in this Section and in Section V below.

V. Will Nula Share Any of the Personal Information it Collects?

We share Personal Information with third parties as described below.

​ ​ ​ ​ A. Agents and Service Providers

We employ other companies and people to perform tasks on our behalf and may need to share Personal Information with them to provide products and services to you. Unless we tell you differently, our agents and service providers do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

​ ​ ​ ​ B. Parties You Permit Through the Application

The Application permits you to share your Personal Information with other users of the Services to coordinate appointments and for other purposes. If you choose to share your Personal Information with other users, communicate with other users, or give access to your profile and other Personal Information to other users, we will coordinate that through the Services.

​ ​ ​ ​ C. Affiliated Businesses and Third Parties We Do Not Control

In certain situations, businesses or third parties we’re affiliated with may sell items or provide services to you through a website or mobile advertisement (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third parties as to privacy or anything else, so if you choose to enter into such transaction or to receive such service, please review the applicable third parties’ policies.

​ ​ ​ ​ D. Business Transfers

We may choose to buy or sell assets. In these types of transactions, Personal Information is typically one of the business assets that is transferred. Also, if we (or all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred or acquired.

​ ​ ​ ​ E. Protection of Nula and Others

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe necessary to comply with law or court order, enforce or apply our Terms of Use or Mobile Application End User License Agreement or other agreements, or protect the rights, property, or safety of Nula, our employees, our users, or others, including exchanging information with other organizations for fraud protection and credit risk reduction.

​ ​ ​ ​ F. With Your Consent

Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

​ ​ ​ ​ G. Personal Information Nula Has Sold in the Last 12 Months

Nula does not sell Personal Information.

​ ​ ​ ​ H. Personal Information Nula Has Disclosed to or Shared with Third Parties in the Last 12 Months

Nula shares Personal Information with other users of the Services consistent with your settings. The categories of Personal Information that have been shared are: names; contact information; children’s names, ages, schools, and allergies; locations; geolocations; emergency contact information; profile pictures; profile narratives; content of communications; appointment information (including sitter’s name, parents’ names, children’s named, status of sitter’s arrival, date, location, duration, payment amount, status of payment, tip amount, payment method, travel by sitter and children, photos and videos taken during appointment, and locations of photos and videos); reviews of sitters and parents; and hourly rates.

Nula relies on third party vendors to support the Services, including, but not limited to, cloud hosting platforms for all data storage. As a result, all Personal Information collected and described in Section III.E has been disclosed to third party vendors in the 12 months immediately preceding the Effective Date.

VI. How Long Does Nula Retain Personal Information?

Except upon the request of an individual, as explained in Section VII below, and except as the law permits and requires, Nula will determine the retention period for Personal Information based on the following criteria:

​ ​ ​ ​ A. The nature of our relationship with you;

​ ​ ​ ​ B. The nature of the Personal Information in question; and
​ ​ ​ ​ C. Our business needs.

VII. What Are Users’ Rights to Control Their Personal Information?

To the extent required by the Privacy Laws, except where permitted or required by law (including, but not limited to, compliance with a legal obligation, to further a public interest, and establishing and/or exercising a legal claim or defense), you have the following rights regarding Nula’s collection and use of your Personal Information.

​ ​ ​ ​ A. Requests to Nula

You may request the following from Nula with respect to your Personal Information:

​ ​ ​ ​ 1. Correction, updating, deletion, or restriction of collection and processing of your Personal Information;

​ ​ ​ ​ 2. The categories of your Personal Information that Nula collects or processes;

​ ​ ​ ​ 3. The categories of sources from which Nula collects or processes your Personal Information;

​ ​ ​ ​ 4. The expected period for which Nula will store your Personal Information, or if not possible, the criteria used to determine that period;

​ ​ ​ ​ 5. The business or commercial purpose(s) for Nula collecting, processing, and disclosing your Personal Information;

​ ​ ​ ​ 6. A description of how Nula has used or is using your Personal Information;

​ ​ ​ ​ 7. A copy of your Personal Information, including the specific pieces of Personal Information, in a format that is easily understandable to the average consumer, and to the extent technically feasible, in a structured, commonly used, machine-readable format, which also may be transmitted to another entity at your request without hindrance;

​ ​ ​ ​ 8. Categories of third parties with whom Nula shares your Personal Information, and list of third parties with whom Nula has shared your Personal Information;

​ ​ ​ ​ 9. Categories of your Personal Information that we have shared with third parties and the categories of third parties to which we have shared each particular category of Personal Information; and

​ ​ ​ ​ 10. Your specific Personal Information Nula has collected, used, or disclosed.

If you request that your Personal Information be erased or deleted or that Nula otherwise restrict its collection and processing of Personal Information, Nula may terminate or limit your access to the Services. If Nula has not collected or processed your Personal Information, or has not shared your Personal Information with another party, Nula will inform you of that in response to any of the above requests. Some information may remain in Nula’s backup media after erasure or deletion for a period of time. When you request that Nula update information, Nula may retain a copy of the unrevised information in Nula’s records. Nula also may use any anonymized aggregated statistical data derived from or incorporating Personal Information after it is updated, erased, or deleted, but not in a manner that would identify you.

We will confirm receipt of all such requests, provide information about how Nula will process the request, and substantively respond to all such requests consistent with the Privacy Laws. There may be a delay in processing a request while we verify that the request is valid and originates from you as opposed to an unauthorized third party.

Our verification process varies based on the source and nature of the request, but may include: comparing data in the request against Personal Information we retain; contacting you using other contact information; requesting further information, although we will avoid doing so to the extent possible; and the consideration of certain factors, including the type, sensitivity, and value of your Personal Information, the risk of harm to you posed by an unauthorized request, the likelihood that fraudulent or malicious actors would seek your Personal Information, the manner in which we interact with you, the available technology, and whether the information you have provided to verify your identity is sufficiently robust to protect against fraudulent requests. To the extent permitted by the Privacy Laws, Nula retains the right to deny any request if we cannot verify that it originated from you.

Nula retains records of all of the above requests and our responses as required by the Privacy Laws.

​ ​ ​ ​ B. Making Foregoing Requests

The foregoing requests may be made by (1) email: Legal@nula.com, (2) phone: 617-331-5168 or (3) mail: 57 Chapel Street, Suite 200, Newton, MA 02458, USA.

​ ​ ​ ​ C. Authorized Agent

You may authorize an agent to take any of the acts permitted in this Section VII on your behalf. To do so, you must provide written and signed authority to the agent, and written and signed notice to Nula that Nula may act on such requests by that agent.

​ ​ ​ ​ D. Withdrawal of Consent

To the extent that we process your Personal Information based on your consent, you may withdraw your consent in any of the following manners: (1) email: Legal@nula.com, (2) phone: 617-331-5168, or (3) mail: 57 Chapel Street, Suite 200, Newton, MA 02458, USA.

Please be aware that such withdrawal does not affect the lawfulness of Nula’s collection or processing of your Personal Information before such withdrawal. We reserve the right to terminate or limit your access to the Services in the event that you withdraw your consent.

​ ​ ​ ​ E. “Do Not Sell My Personal Information” and Opting Out of Sharing Personal Information

Nula does not “sell” Personal Information, as that term is defined by the CCPA and CPRA. You may opt out of Nula’s disclosure of your Personal Information in any of the following manners: (1) contact us at Legal@nula.com; contact us at 617-331-5168; (3) contact us at 57 Chapel Street, Suite 200, Newton, MA 02458, USA; or (4) completing the form at the following link: LINK TO WEB FORM

We will act upon any request to opt out of all disclosure and sharing of your Personal Information, including notifying all third parties to whom we have disclosed or shared your Personal Information and ceasing to disclose or share your Personal Information, consistent with the requirements of the Privacy Laws.

If you exercise your right to opt out of the disclosure of your Personal Information to third parties, Nula will cease disclosing your Personal Information as of the date we receive notice in a manner provided above. Nula will not contact you about opting in to disclosing your Personal Information for at least 12 months following the date that it receives your notice.

If you opt out of the disclosure of your Personal Information to third parties, some of the Services may not function properly, and Nula may terminate or limit your access to the Services.

​ ​ ​ ​ F. Object or Challenge

You may object to, or otherwise challenge, Nula’s collection and processing of your Personal Information in any of the following manners: (1) contact us at Legal@nula.com; contact us at 617-331-5168; (3) contact us at 57 Chapel Street, Suite 200, Newton, MA 02458, USA. Nula will respond consistent with the requirements of the Privacy Laws.

​ ​ ​ ​ G. Filing a Complaint

Regulatory authorities that oversee the Privacy Laws typically advise individuals to file an objection or challenge with the company before lodging a formal complaint with a regulatory authority. If an individual is dissatisfied with Nula’s response to an objection or challenge filed under Section VII.F, or wishes to file a complaint with a regulatory authority first, the individual may do so, including as follows:

CCPA and CPRA: California Attorney General and California Privacy Protection Agency

PII Laws: Relevant state Attorney General

​ ​ ​ ​ H. Prohibit Automated Processing

Nula does not use any automated decision making or profiling at this time. If and to the extent we do so in the future, at your request, Nula will terminate any automated decision making, including profiling, that is the sole source of decisions that produce a legal effect concerning or similarly significantly affecting you.

​ ​ ​ ​ I. Accessibility for Users with Disabilities

If you are unable to review this Privacy Policy or any portion of it, please use the following information to contact us and request an alternative format: (1) contact us at Legal@nula.com; contact us at 617-331-5168; (3) contact us at 57 Chapel Street, Suite 200, Newton, MA 02458, USA.

​ ​ ​ ​ J. Non-Discrimination

Nula will not discriminate against you because you have exercised any of the rights above or any other rights you retain pursuant to Privacy Laws, including, but not limited to by:

  1. Denying goods or services to you;
  2. Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  3. Providing a different level or quality of goods or services to you; and
  4. Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Consistent with Privacy Laws, Nula: (a) retains the right to charge you a different price or rate, or provide a different level or quality of goods or services to you, if that difference is reasonably related to the value provided to Nula by your Personal Information; (b) may offer financial incentives, including payments to you as compensation, for the collection, disclosure, or deletion of your Personal Information; (c) may enter you into a financial incentive program only if Nula clearly describes the material terms of the financial incentive program, so long as you give Nula prior opt-in consent, which you may revoke at any time; and (d) shall not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.

VIII. What Are Nula’s Financial Incentives or Service Differences?

Nula does not offer any financial incentives for providing your Personal Information, however some of the Services will not function properly without your Personal Information.

IX. Is Personal Information About Me Secure?

We employ appropriate administrative, organizational, technical, and physical measures designed to protect the confidentiality, integrity, and availability of your Personal Information, which we regularly review and update as necessary.

The Application and Website may contain links to other sites. We are not responsible for the privacy or security practices of those other sites. When following a link to another site, you should read that site’s privacy policy.

X. Children’s Privacy

We do not knowingly collect or solicit any Personal Information directly from anyone under the age of 16. If and to the extent we learn that we have collected Personal Information directly from a child under age 16 without verified parental consent, we will delete that information, except as provided below. If you believe that we might have collected any information directly from a child under age 16 without verified parental consent, please contact us immediately us at Legal@nula.com, 617-331-5168, or 57 Chapel Street, Suite 200, Newton, MA 02458, USA.

XI. Contractual or Statutory Requirement

Except as noted in this Privacy Policy or in contractual documents, Nula’s collection and use of Personal Information is not a contractual or statutory requirement or a requirement necessary to enter into a contract.

XII. Failure to Provide Personal Information

You can always opt not to disclose information to us. Please keep in mind, some information may be needed to create an account with the Application or to take advantage of some or most of the Services.

XIII. Automated Decision Making

Nula does not currently rely on automated decision-making, including profiling, and will not subject you to decisions based solely on automated processing which will produce legal effects concerning you or similarly significantly affecting you.

XIV. Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. Collection and processing of information we collect now is subject to the Privacy Policy in effect at the time such information is processed. If we make changes in the way we use Personal Information, we will notify you by posting an announcement through the Application, on the Website, or sending you an email. You are bound by any changes to the Privacy Policy when you use the Services after such changes have been first posted.

XV. Questions or Concerns; Contact Information

If you have any questions or concerns regarding our privacy policies, please contact us at Legal@nula.com, 617-331-5168, or 57 Chapel Street, Suite 200, Newton, MA 02458, USA.

Effective Date: October 12, 2021