Effective: May 19, 2011 This Privacy Policy governs the manner in which ShiftNote, LLC, d/b/a ShiftNote, a Kansas limited liability company (“ShiftNote”) collects, uses, maintains and discloses information collected from users (each, a “user” or “you”) of its www.shiftnote.com web site and any derivative or affiliated web sites on which this Privacy Policy is posted (collectively, the “Web Site”). ShiftNote reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy at any time by posting such changes to this page. You understand that you have the affirmative obligation to check this Privacy Policy periodically for changes, and you hereby agree to periodically review this Privacy Policy for such changes. ShiftNote will endeavor to provide email notice to you of any material changes to this Privacy Policy in the event you have provided a valid email address to ShiftNote. The continued use of the Web Site following the posting of changes to this Privacy Policy constitutes an acceptance of those changes.

Privacy

ShiftNote is committed to safeguarding the information users entrust to ShiftNote and believes that every user should know how it utilizes the information collected from users. The Web Site is not directed at children under 13 years of age, and ShiftNote does not knowingly collect personally identifiable information from children under 13 years of age online. Please note that the Web Site may contain links to other web sites. These linked sites may not be operated or controlled by ShiftNote. ShiftNote is not responsible for the privacy practices of these or any other web sites, and you access these web sites entirely at your own risk. ShiftNote recommends that you review the privacy practices of any other web sites that you choose to visit. ShiftNote is based, and this web site is hosted, in the United States of America. If you are from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law and you register an account on the Web Site, visit the Web Site, purchase products or services from ShiftNote or the Web Site, or otherwise use the Web Site, please note that any personally identifiable information that you provide to ShiftNote will be transferred to the United States. Any such personally identifiable information provided will be processed and stored in the United States by ShiftNote or a service provider acting on its behalf. By providing your personally identifiable information, you hereby specifically and expressly consent to such transfer and processing and the uses and disclosures set forth herein.

The Information ShiftNote Collects

Users browsing the Web Site without registering an account or affirmatively providing personally identifiable information to ShiftNote do so anonymously. Otherwise, ShiftNote may collect personally identifiable information from users in a variety of ways. Personally identifiable information may include, without limitation, (i) contact data (such as a user’s name, mailing and e-mail addresses); (ii) demographic data (such as a user’s zip code, age and income); (iii) financial information collected to process purchases made from ShiftNote via the Web Site or otherwise (such as credit card, debit card or other payment information); and (iv) other information requested during any account registration process. If you communicate with ShiftNote by e-mail or otherwise, post Customer Data to the Web Site, post messages or content to any forums, message boards or other features on the Web Site, complete online forms, surveys or entries or otherwise interact with or use the features on the Web Site, any information provided in such communications may be collected by ShiftNote.

Cookies

Like most web sites, the Web Site uses cookies and web log files to track site usage. A cookie is a tiny data file that resides on your computer that allows ShiftNote to recognize you as a user when you return to the Web Site using the same computer and web browser. Like the information you provide to ShiftNote, cookie and log file data is used to customize your experience on the Web Site. You can choose to disable cookies on your browser or allow your browser to notify you when a cookie is being sent, however this may prevent you from utilizing certain features of the Web Site.

IP Addresses

Due to the communications standards on the Internet, we automatically receive the uniform resource locator (URL) of the web site from which you came and the web site to which you proceed once you leave the Web Site. We also receive the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your Internet service provider (ISP). This information is used to analyze overall trends to help us improve the Web Site. The linkage between your IP address and your personally identifiable information is shared with third parties in accordance with this Privacy Policy.

How ShiftNote Uses Information

ShiftNote may use personally identifiable information collected through the Web Site for the specific purposes for which the information was collected, to process purchases and sales of products or services offered via the Web Site, to contact users regarding products and services offered by ShiftNote, its parent, subsidiary and other related companies and its trusted affiliates, independent contractors and business partners, and otherwise to enhance users’ experience with ShiftNote and such affiliates, independent contractors and business partners. ShiftNote may also use information collected through the Web Site for research regarding the effectiveness of the Web Site and the business planning, marketing, advertising and sales efforts of ShiftNote, its trusted affiliates, independent contractors and business partners. ShiftNote will communicate with you through email and notices posted on this Web Site. These may include a series of welcome emails which help inform new users about various features of the Web Site, emails and confirmations regarding actions taken by you on or through the Web Site, and notices relating to the proper functioning of the Web Site or your account. ShiftNote may use your personal information to send you promotional information relating to ShiftNote’ products and services and related products and services offered by third parties that ShiftNote feels may be of interest to you if you have opted-in to receive such information. If you wish to opt-out of receiving promotional emails, please send a request to support@shiftnote.com or use the opt-out mechanism set forth in the applicable communication.

Disclosure of Information

ShiftNote may disclose personally identifiable information collected from users to its parent, subsidiary and other related companies, trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above, as necessary to provide the services offered by ShiftNote and to provide the Web Site itself, and for the specific purposes for which the information was collected. ShiftNote may disclose personally identifiable information at the request of law enforcement or governmental agencies or in response to subpoenas, court orders or other legal process, to establish, protect or exercise ShiftNote’ legal or other rights or to defend against a legal claim or as otherwise required or allowed by law. ShiftNote may disclose personally identifiable information in order to protect the rights, property or safety of a user or any other person. ShiftNote may disclose personally identifiable information to investigate or prevent a violation by a user of any contractual or other relationship with ShiftNote or the perpetration of any illegal or harmful activity. ShiftNote may also disclose aggregate, anonymous data based on information collected from users to investors and potential partners. Finally, ShiftNote may disclose or transfer personally identifiable information collected from users in connection with or in contemplation of a sale of its assets or business or a merger, consolidation or other reorganization of its business.

Personal Information Provided as Part of User Postings

If you include your personally identifiable information as part of a posting that you make to the Web Site, such information may be made available to any parties using the Web Site. ShiftNote does not edit or otherwise remove such information from postings before they are posted on the Web Site. If you do not wish to have your personally identifiable information made available in this manner, you must remove any such information from the posting before you post it to the Web Site. Your contact information (which may include, without limitation, your username and email address) may be included with any postings that you post via the Web Site. ShiftNote is not liable for any damages caused or incurred due to personally identifiable information made available in the foregoing manners.

Customer Data

Users may upload Customer Data as part of their use of the Web Site, specifically the ShiftNote online manager’s log and communication tools. ShiftNote uses and discloses such Customer Data solely to provide the services in accordance with the ShiftNote Subscription Agreement and Terms of Use and in accordance with this Privacy Policy. ShiftNote may also use and disclose de-identified, aggregated data based upon Customer Data as set forth in the ShiftNote Subscription Agreement and Terms of Use.

Security of Information

Information about users that is maintained on ShiftNote’ systems is protected using industry standard security measures. However, no security measures are perfect or impenetrable, and ShiftNote cannot guarantee that the information submitted to, maintained on or transmitted from its systems will be completely secure. ShiftNote is not responsible for the circumvention of any privacy settings or security measures relating to the Web Site by any users or third parties.

Correcting, Updating, Accessing or Removing Personal Information

If your personally identifiable information changes, or if you no longer desires to receive non-account specific information from ShiftNote, ShiftNote will endeavor to provide a way to correct, update and/or remove your previously-provided personal data. This can be done by emailing a request to ShiftNote at support@shiftnote.com. Additionally, you may request access to the personally identifiable information as collected by ShiftNote by sending a request to ShiftNote as set forth above. Please note that in certain circumstances, ShiftNote may not be able to completely remove a user’s information from its systems. For example, ShiftNote may retain a user’s personal information for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, for account recovery purposes, if required by law or as retained in ShiftNote’ data backup systems or cached or archived pages. All retained personally identifiable information will continue to be subject to the terms of the Privacy Policy to which the user has previously agreed.

Contacting ShiftNote

If you have any questions or comments about this Privacy Policy, you may contact ShiftNote via any of the following methods: ShiftNote, LLC d/b/a ShiftNote 1424 Cross Creek Dr Raymore, MO 64083 1 (888) 803-7281 support@shiftnote.com

Your California Privacy Rights

California Civil Code Section 1798.83 permits users that are residents of California to request certain information regarding ShiftNote’ disclosures of personally identifiable information to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please email ShiftNote at support@shiftnote.com or write ShiftNote at the mailing address set forth above.