Terms Of Use
Terms Of Use
TaxDay Terms of Service and End User License Agreement
Updated: December 2021
This TaxDay Terms of Service and End User License Agreement (“Agreement”) is a binding agreement between you and Tax Day LLC (“TaxDay”). This Agreement governs your use of the TaxDay application for iOS or Android (including all related documentation, the “Application”). THE APPLICATION IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE, AND SHOULD NOT BE RELIED ON FOR, TAX, LEGAL OR ACCOUNTING ADVICE. YOU SHOULD CONSULT YOUR OWN TAX, LEGAL AND ACCOUNTING ADVISORS CONCERNING YOUR PARTICULAR SITUATION.
The Application is licensed, not sold, to you. Certain features of this Application may require you to register or provide personal information.
BY CHECKING THE “I AGREE” BOX OR OTHERWISE USING OR ACCESSING THE APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATION.
- Grant of License. Subject to the terms of this Agreement, TaxDay grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to:
- download, install, and use the Application for your personal use on any mobile device owned or otherwise lawfully controlled by you in accordance with the Application’s documentation; and
- access, stream, download, and use on such mobile device the Content (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and any terms of use applicable to such Content.
- Restrictions on Use. You shall not:
- copy the Application, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works from or improvements to the Application;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
- use any intellectual property, proprietary information, interfaces of TaxDay in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
- Reservation of Rights. TaxDay reserves all rights that are not expressly granted to you in this Agreement. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. TaxDay, and its licensors and service providers, retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, patent, and other intellectual property rights in or relating to the Application.
- Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, TaxDay may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device, your use of the Application, devices you pair with the Application, your location, and your IP address. You also may be required to provide certain information about yourself, including personal information such as your name and email, as a condition to using the Application or certain of its features or functionality. We do not sell your information. All information we collect through or in connection with the Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
- Content. The Application may provide you with access to TaxDay’s website taxday.com (the “Site”) and certain features, functionality, and content accessible on or through the Application may be hosted on the Site (collectively, “Content”). We make no representations concerning any Content contained in or accessed through our Site or Application, and TaxDay will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through our Site or Application.
- Intellectual Property Rights. We respect the intellectual property rights of others. If you believe the Application or any materials posted or accessible through the Application infringe your copyright, you may request removal of those materials (or access to them) by sending written notice to our designated copyright agent at:
Tax Day LLC
2805 E. Oakland Park Blvd, #370
Fort Lauderdale, Florida 33306
Attn. Copyright Agent
Support@TaxDay.com
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the written notice must include substantially the following:
- your physical or electronic signature;
- identification of the copyrighted work you believe to have been infringed;
- identification of the material on our Sites that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
- your contact information including your name, mailing address, telephone number and, if available, email address;
- a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- a statement that the information in the notice is accurate; and
- a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
If you do not comply with all of these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Services infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA.
- Geographic Restrictions. TaxDay is based in the United States. You acknowledge that you may not be able to access all or some of the features, functionality, or Content outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content from outside the United States, you are responsible for compliance with local laws.
- Updates. TaxDay may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that TaxDay has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:
- the Application will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
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- Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to our affiliates’ or other third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that TaxDay is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. TaxDay does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ privacy practices and terms of use.
- Term and Termination.
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- The term of Agreement commences when you download the Application and will continue in effect until terminated by you or TaxDay as set forth in this Section 10.
- You may terminate this Agreement by deleting the Application and all copies of it from your mobile device(s).
- TaxDay may terminate this Agreement at any time without notice if it ceases to support the Application, which TaxDay may do in its sole discretion.
- This Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement, the <Privacy Policy>, or any applicable terms of use.
- Upon termination:
- all rights granted to you under this Agreement will also terminate; and
- you must cease all use of the Application and delete all copies of the Application from your mobile device(s).
- Termination of the Agreement will not limit any of TaxDay’s rights or remedies at law or in equity.
- Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TAXDAY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAXDAY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES THAT EXCEED THE AMOUNT YOU PAID: FOR THE APPLICATION; OR FOR PRODUCTS AND/OR SERVICES YOU PURCHASED THROUGH THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
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- Indemnification. You agree to indemnify, defend, and hold harmless TaxDay and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement.
- Export Regulation. The Application may be subject to United States export control laws, including the Export Control Reform Act and associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the United States.
- United States Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the United States Government or any contractor for such an agency, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with: (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors; or (b) 48 C.F.R. § 12.212, with respect to all other United States Government licensees and their contractors.
- Governing Law and Venue Selection. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts or state courts located in Broward County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Class Action Waiver. YOU AGREE THAT NO CAUSE OF ACTION OR CLAIM YOU HAVE UNDER THIS AGREEMENT OR RELATED TO YOUR USE OF THE APPLICATION WILL BE JOINED WITH ANY OTHER PERSON’S CAUSE OF ACTION OR CLAIM. NO CLASS PROCEEDINGS SHALL BE PERMITTED AND YOU WAIVE ANY AND ALL RIGHTS TO PROCEED ON A CLASS OR REPRESENTATIVE BASIS.
- Limitation of Time to File Claims. YOU AGREE THAT, REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE EVENT UNDERLYING SUCH CLAIM OCCURRED OR IS ALLEGED TO HAVE OCCURRED, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- App Stores. To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Application through specific devices:
- Apple. By downloading the Application from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
This Agreement is between TaxDay and you; Apple is not a party to this Agreement.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Application on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
Apple is not responsible for the Application or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
Apple is not responsible for addressing any claims by you or a third party relating to the Application or your possession or use of the Application, including without limitation (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of this Agreement and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.
- Google Play. By downloading the Application from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in this Agreement, the Google Play Terms shall apply with respect to your use of the Application that you download from Google Play.
You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by TaxDay or you (or any other user) under this Agreement or the Google Play Terms.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Waiver. Any party’s failure to exercise or delay in exercising any right or any power hereunder shall not operate as a waiver of such right or power. To the extent the terms of any TaxDay policies or programs conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, such provision shall be modified to most closely resemble the intent of TaxDay, as permitted by applicable law, and all other provisions of this Agreement shall continue in full force and effect.
- Entire Agreement. This Agreement, our Privacy Policy, and any applicable terms of use constitute the entire agreement between you and TaxDay with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
Privacy Policy
PRIVACY POLICY
Effective Date: May 2022
Tax Day LLC, a Florida limited liability company (“we,” “us,” “our,” or “Company”) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about how we use your personal information, including sensitive and device data that we collect on our website and mobile app Tax Day.
By downloading, accessing and/or using our mobile app Tax Day, our website and any other linked pages, features, content, software or using any of our services, including our application services offered from time to time by us in connection therewith (collectively, the “Services”) you agree that you have reviewed and understood our Privacy Policy to your full satisfaction, and that you accept the terms of this Privacy Policy.
Privacy Policy Overview
This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) and other information that we gather when you access our mobile app and other Services and when you use our mobile app and other Services. In addition, this Privacy Policy covers how you may control your information when you use our mobile app and other Services. California residents can access the California Privacy Notice by clicking >>here<<. This Privacy Policy does not apply to the practices of companies that we do not own or control (including any third-party products or services used for logging into our mobile app and other Services or that are integrated with our mobile app and other Services), or to individuals that we do not employ or manage.
How Personal Information is Collected and Used
The information we gather from users and visitors enable us to personalize and improve our mobile app and other Services, and allows our users to set up a user account and profile that can be used to personalize their experience on our mobile app and other Services. Except as otherwise described in this Privacy Policy, we do not sell or rent your Personal Information to third parties without your consent.
As described in this Privacy Policy, we share non-personally identifiable information with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on our mobile app and other Services and to assist with supporting and maintaining our mobile app and other Services. We collect and use the following types of information from our users and visitors:
Information You Provide:
We receive and store any information you enter on our mobile app and other Services or provide to us in any other way. The types of information collected in this manner include:
- To personalize and improve our mobile app and other Services, we may collect location data from your mobile device if you have enabled location tracking. Please see below for more information on how and when we collect your location data on Tax Day.
- To set up your user account and profile, we may collect your full name, state of residence, and email address from you.
- To provide the Services, we may collect location data from your mobile device if you have enabled location tracking. We will also collect data in connection with your use of our mobile app and other Services, such as your website activity, IP address, geolocation, page visits, time on pages, referring and exit pages, and online identifiers.
- To communicate with you, including to respond to your questions and requests, we may use your email address and your account and profile information and any other information you choose to provide to us. We may send you administrative emails to verify your account, to assist with your requests for assistance with your account and/or our mobile app and other Services as well as help protect the identity of your account in case of fraud.
- For billing and account management, our payment processing providers may collect your payment card or account information from you (we do not collect or receive your payment card information).
- To send you information about our current or future products and Services, we may collect your user name and email address from you. By signing up for an account with us we may also send you updates and information on the latest releases and promotional emails to the given email address, with the option to opt-out of receiving promotional emails at any time.
Automatically Collected Information:
Location Data
We collect location data to enable our mobile app to create travel records and other reports to record tax jurisdictions needed to document travel, even when the app is closed or not in use. Location data is uploaded to our server, and you can view and/or delete your location history once you login to the mobile app. When you use the location-enabled feature of our mobile app and other Services we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers. We use a Google tool to populate the city and state where you are located into our mobile app and other Services if you have enabled location tracking on your mobile device.
We do not share or sell location data with third parties. Through such feature, you choose with whom you share such location information and the extent of such information you share.
For any questions regarding collection of location data, please contact us using the contact information below.
Providing Our Mobile App and Services. We and some third-party providers we work with automatically receive certain types of information whenever you interact with us on our mobile app and other Services and in some e-mails, we may send each other. In other words, this information is automatically collected from the device you are using. Automatic technologies and services we use may include, for example, Web server logs/IP addresses, cookies, web beacons, and third-party application and content tools.
Other Services: We may provide our mobile app and other Services based on third party applications and content tools on certain company services such as Google Maps. These third parties may automatically receive certain types of information whenever you interact with us on our mobile app and other Services using such third-party applications and tools.
Web Server Logs/IP Addresses: An IP address is a number assigned to your computer whenever you access the Internet. All computer identification on the Internet is conducted with IP addresses, which allow computers and servers to recognize and communicate with each other. We may collect IP addresses to conduct system administration and report aggregate anonymous information to affiliates, business partners and/or vendors to conduct site analysis and Web site performance review.
Cookies: A cookie is a piece of information that is placed automatically on your device drive when you access certain Web services. The cookie uniquely identifies your device to the server. Cookies allow us to store information on the server to help make the Services better for you and to conduct our mobile app and other Services analysis.
Web Beacons: We may use web beacons alone or in conjunction with cookies to compile information about your usage of our mobile app and other Services and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Web site tied to the web beacon, and a description of a Web site tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to our Web site. We may use web beacons to operate and improve our Web site and email communications.
How Personal Information is Shared
Personal Information is a key component of our mobile app and our other Services and is treated with the upmost importance when it comes to sharing. Below is the circumstances in which sharing may occur, and our policies on them.
Third Parties: Usage of our mobile app and other Services and other data may be collected on an aggregate basis to provide anonymous analytical information to third-party companies and Company affiliates. No Personal Information is to be shared with such third parties under such circumstances.
Service Providers: We may engage third party companies or individuals as service providers or business partners to process customer information and support our business. These third parties include virtual computing and storage services (such as Amazon Web Services), as well as IT support services.
Affiliates: We may, however, share your Personal Information and non-personally identifiable information with certain sites that control us, are controlled by us, or under common control with us (our “Affiliates”), and sites operated by our Affiliates or our other businesses so that they and we can offer you services and products that may be of interest to you and to process such information on our behalf.
Services Users: While using the Services, including our mobile app, you may be adding other users to your account. You will be able to control what information is seen by these users which may include Personal Information. Only users associated with your account may have access to this information.
Publicly Available Information: When you use the Services, including our mobile app, the features of the Services allow you to share your information with others, including the public, such as your public user profile information, and may be searchable by search engines. You may use the user settings in the our mobile app and other Services to control the information about you that is visible and publicly available to others.
Sale of Business: If our company is sold, whether by merger, sale of assets, sale of equity, change of control, bankruptcy proceeding or otherwise, your information collected by us, including any of our related databases could, in whole or in part, be sold as part of that transaction. In the event we go through a business transition, such as a merger, acquisition by another company, sale of all or a portion of its assets, bankruptcy, dissolution or similar transactions or proceedings, your Personal Information will likely be among the assets transferred.
Partners and Integrations: If we intend to collect and/or share information that is not described in this Privacy Policy, we will either update this Privacy Policy or notify you and ask for your approval to share it with third parties. If you choose to integrate your use of our mobile app and other Services with one or more third-party services you understand that information you have provided to us, including Personal Information, will be pushed to such third-party sites and may be publicly accessible on such sites. Your information, including Personal Information, will then be subject to the Privacy Policies of such third-party sites.
In some cases, we may have a legal obligation or need to collect, use, and/or share your Personal Information, including: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law; (2) to enforce the our Terms of Use or to protect our rights; or (3) to protect the rights, property or safety of members of the public, users of our mobile app and other Service and our employees.
We do not sell your Personal Information, including location data.
Legal Bases for Processing Personal Information
We collect and process your Personal Information under the following legal bases:
- Processing your Personal Information is necessary for the performance of a contract with you, or to take steps at your request in order to enter into the contract – this includes providing the mobile app and other Services;
- Processing your Personal Information is necessary for compliance with a legal obligation that applies to us; and
- Processing your Personal Information is necessary to fulfill our legitimate interests or the legitimate interests of a third party, in which case you will be informed of the legitimate interest to the extent it has not already been described by this Privacy Policy. Our legitimate interests may include improving and personalizing our products and services, contacting you to offer information about the products and services we provide, measuring the performance of marketing or advertising campaigns, to improve your experience, to improve our website, to ensure quality control and employee performance standards, to respond to your questions, to manage our business and operations, and to protect ourselves, our employees, our customers, and our operations.
How Long We Keep Your Personal Information
We will keep your information during the time you maintain an active account with us. After you no longer maintain an active account with us, we will only keep your Personal Information as long as we need it to fulfill our legal obligations.
Data Transfers
When you provide your Personal Information to us, we receive and process that information in the United States. For residents of the European Economic Area (“EEA”), please note that the U.S. does not have the same data protection laws as the EEA, and it has not been recognized by the European Commission as providing an adequate level of data protection, to the extent such legal requirements apply to our processing of your Personal Information. However, when we process your Personal Information, we will implement reasonable and appropriate safeguards to ensure that we protect your Personal Information as described in this Privacy Policy.
Security
Upon signing up for an account with us you will be required to provide a password which will help protect your personal account from outside access. If you have any issues with your account protection, please notify us and we will assist in resetting your password.
Keep in mind however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot enforce or control the security of the computers, mobile phones, electronic devices, or electronic communication method that a user may utilize to send e-mails and submit information to us over the Internet. Users are responsible for ensuring that the computers, mobile phones, electronic devices and electronic communication methods that they utilize will provide adequate security for communicating with us. To protect user privacy and security, a Web site user must keep his or her password confidential. We are not responsible for the disclosure or interception of your information before we receive it.
We use commercially reasonable physical, administrative, and technical safeguards to preserve the security of your information. Once we receive information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
Children’s Privacy
Our mobile app and other Services are not available to persons under 13 years of age. We do not knowingly collect or maintain personally identifiable information or non-personally-identifiable information from persons under 13 years of age, and no part of our mobile app and other Services is directed to persons under 13. If you are under 13 years of age, then please do not use or access our mobile app and other Services at any time or in any manner. If we learn that personally identifiable information of persons under 13 years of age has been collected on our mobile app and other Services, then we will take the appropriate steps to delete this information immediately. We do not knowingly sell anyone’s Personal Information, including Personal Information of children.
Do Not Track Policy
Our website is not designed to respond to “do not track” signals received from browsers.
Changes to this Privacy Policy
We reserve the right to change this Privacy Policy. If our information practices change at some time in the future, we will post such Privacy Policy changes to our mobile app and other Services to notify you of these changes and provide you with the ability to opt out of these new uses. We will provide notification of the material changes to this Privacy Policy through our mobile app and other Services at least thirty (30) business days prior to the material change taking effect. Any revised Privacy Policy will only apply prospectively to Personal Information or non-personal information collected or modified after the effective date of the revised policy. You should periodically review the Privacy Policy available at our Web site for revisions. Use of our mobile app and other Services after revision of the Privacy Policy signifies your agreement to the revised Privacy Policy.
California Privacy Notice
The law requires Tax Day to tell you about how we collect, use, and share your information in a certain way – specifically, we need to tie it back to “legal categories” of personal information that are listed in the law. To do this, we bundled up the information we gave you above in the sections titled Personal Information Collection and use; and How We Share Your Information, and matched the different examples of personal information we collect about you with the legal categories. To make things easier to understand, we’ve put this information in a chart that shows you four things:
- The legal category of personal information,
- The sources from which we collect each category of information,
- The purpose for why we collect and use your personal information for each category, and
- The business purpose for which we share your personal information, and who we share it with.
We’ve included the above information in the California Privacy Chart at the end of this Privacy Policy. We will include this as a reminder with the California Privacy Chart as well, but it’s important to clarify that the California Privacy Chart lists examples of the types of information included in each legal category.
California Privacy Rights
In certain circumstances, California residents may have the following rights regarding their personal information:
- The right to know what personal information we collect about you,
- The right to know how we share your personal information,
- The right to deletion of your personal information,
- The right to access and get a copy of the personal information we have about you, and
- The right to non-discrimination, or the right to equal service and price even when you exercise your privacy rights.
How to Make a Request: If you wish to exercise any of the rights we’ve described above, please contact us using any of the methods in the Contact Us section below. Be ready to provide your full name and your username, which is the email address you used to create your account. If you have authorized an agent to make a request on your behalf, we will need you to provide the agent’s name and email address, as well as your written authorization appointing the agent to make a request on your behalf.
You can contact us to make a request by email, phone, or regular mail.
European Privacy Rights
To the extent the General Data Protection Regulation (“GDPR”) or the United Kingdom General Data Protection Regulation (“UK GDPR”) apply to our processing of your Personal Information, Tax Day is considered the Controller of the Personal Information we process about you, as described in this Privacy Policy. Under the GDPR or the UK GDPR, EEA and UK residents and nationals may have the following rights:
- The right to be informed of what Personal Information we collect about you, how we collect it, and how we use it.
- The right to request access to the information we have about you, to confirm whether and to what extent we process your personal information, and to ask for certain details about how we process your Personal Information.
- The right to object to processing of your Personal Information, where we process it based on legitimate interests or for direct marketing purposes.
- The right to restrict processing of your Personal Information if you [FINISH]
- The right to delete your Personal Information (also known as the right to be forgotten) when we no longer have a business need to process it.
- The right to correct your Personal Information if it is inaccurate or incomplete.
- The right to data portability, including to receive a copy of your Personal Information or ask us to transfer it to another party.
- The right to review of automated decision-making, if automated decision-making results in a decision that has a legal or other significant effect on you.
- The right to complain to a supervisory authority,
California Privacy Chart
Legal Category* |
Examples of Information Collected |
Source |
Purposes for Collection and Use |
Sharing with Third Parties for a Business Purpose+ |
A. Identifiers. |
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. |
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B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). |
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 (for organization accounts only, and only in rare circumstances), medical information, or health insurance information. Some personal information included in this category may overlap with other categories. |
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C. Protected classification characteristics under California or federal law. |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
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D. Commercial information. |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. (this refers to your activities and interactions with our products and services) |
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E. Biometric information. |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
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F. Internet or other similar network activity. |
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, device type. |
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G. Geolocation data. |
Physical location or movements. |
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H. Sensory data. |
Audio, electronic, visual, thermal, olfactory, or similar information. |
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I. Professional or employment-related information. |
Current or past job history or performance evaluations. |
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J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
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K. Inferences drawn from other personal information. |
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
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* We may also collect your information to comply with laws or regulations or with legal requests that don’t fit into one of the categories we’ve described for you, or to enforce our rights, prevent fraud, and protect our systems, users, and customers.
+ We share the following categories of information about you for business purposes:
A. Identifiers. |
D. Commercial Information |
G. Geolocation |
B. California Customer Records Categories |
F. Internet Activity |
I. Inferences Drawn from Other Personal Information |
Contact Us
You may contact us with questions or concerns, or make a request using any of the following:
Telephone |
support@taxday.com 917-696-4945 |
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Tax Day LLC 2805 E. Oakland Park Blvd, #370 Fort Lauderdale, FL 33306 |