PRIVACY POLICY & TERMS OF USE

Effective Date: January 2025**

Traciety (“Company”, “we”, “us”, “our”) provides marketing, advertising, appointment-setting, and consulting services to medical, aesthetic, and wellness practices (“Clients”, “you”).
This Privacy Policy and Terms of Use explain how we collect, use, store, and protect your information, and outline the legal terms governing the use of our services.

By accessing our website or entering into any agreement with Traciety, you agree to the following terms.

1. INFORMATION WE COLLECT

Personal & Business Information

We may collect:
• Name, email, phone number
• Business name, address, EIN
• Payment and billing information
• Content, media, or files you upload for creative use
• Communications you send via email, text, Slack, or phone
• Login or platform access credentials provided to us

Automatically Collected Data

When using our website or systems, we may collect:
• IP address
• Browser/device information
• Site usage data
• Cookies and tracking pixels
• Advertising performance metrics

Cookies

Cookies help improve your experience and enable analytics. You may disable cookies, but some site functionality may not work.

2. HOW WE USE YOUR INFORMATION

We use collected information to:
• Operate and optimize our marketing services
• Manage accounts, billing, and customer support
• Deliver advertising campaigns and creative assets
• Track performance and conversions
• Maintain compliance and security
• Communicate with you about your account

We do not sell personal information or share it for third-party marketing purposes.

We may share information only with authorized service providers (e.g., CRM systems, SMS platforms, project management tools, advertising platforms, Stripe, etc.) required to perform our services.

3. HIPAA & CLIENT DATA

While Traciety is not a covered entity or a HIPAA Business Associate in the medical sense, we understand the sensitivity of medical practice information and treat all patient information encountered through your systems with strict confidentiality.

We do not request or store Protected Health Information (PHI).
If a client voluntarily sends PHI through messaging systems, forms, or uploads, the client assumes responsibility for ensuring their own HIPAA compliance.

Traciety follows best practices for:
• Secure communications
• Limited access permissions
• Encrypted storage systems
• Restricted internal user access

However, Traciety does not provide medical record management and is not responsible for HIPAA compliance issues arising from client-side actions or third-party platforms you use.

4. INTELLECTUAL PROPERTY OWNERSHIP

Traciety Property

All materials developed by Traciety—including but not limited to:
• Ad creatives
• Edited videos/photos
• Copywriting
• Scripts and frameworks
• Automations
• Sales systems
• Funnels
• SOPs and internal processes

remain 100 percent the property of Traciety.

Clients receive a limited, revocable license to use these materials only during an active paid service period and only for the agreed-upon purposes.

Unauthorized reproduction, distribution, repurposing, or use after cancellation is strictly prohibited.

Client-Provided Content

When you send us your images, videos, testimonials, or brand assets:

Any material edited, enhanced, or recreated by Traciety becomes a Traciety-owned creative.
You may continue using your original files, but not the versions we edit, produce, or design after cancellation unless written permission is granted.

Post-Cancellation

Upon termination of the relationship:

• All licenses to Traciety materials immediately expire
• We may remove or revoke any creatives stored on shared platforms
• Access to files, drives, Slack channels, dashboards, and CRMs may be revoked
• You must discontinue the use of any Traciety-owned creatives

Traciety does not guarantee the retention or storage of materials after cancellation.

5. BILLING, PAYMENTS & NO-REFUND POLICY

No Refunds

All payments, setup fees, retainers, service fees, and advertising management fees are non-refundable under any circumstances, including but not limited to:
• performance dissatisfaction
• early cancellation
• business changes
• lack of client follow-through
• third-party platform issues (Meta, Google, Stripe, etc.)

Marketing results can vary, and no guarantee of revenue or appointments is made.

6. CANCELLATION POLICY — 30-DAY NOTICE REQUIRED

All agreements require a mandatory 30-day written notice to cancel.

Cancellation becomes effective 30 days after written notice is received by Traciety at [email protected].

During the 30-day notice period:
• services continue
• billing continues
• ads may continue unless paused by mutual agreement

Failure to provide a 30-day notice will result in continued billing until proper notice is submitted and the notice period concludes.

7. CONFIDENTIALITY

Both parties agree to keep all confidential information secure, including:
• Client lists
• Pricing
• Internal systems
• Scripts, funnels, and strategies
• Communications
• Metrics and performance data

Clients may not disclose or replicate Traciety’s internal systems or materials to any third party.

8. SECURITY & DATA PROTECTION

We take reasonable technical and organizational precautions to safeguard information:
• Secure servers
• Access-restricted systems
• Encrypted tools
• Password-protected accounts

However, no system is impenetrable.
We are not responsible for breaches of third-party platforms or for client-side security lapses.

9. LEGAL DISCLOSURES

We may disclose information if required to:
• comply with law or regulation
• enforce agreements
• respond to court orders
• prevent fraud or abuse
• protect the rights, safety, or property of Traciety or others

10. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

• Traciety is not liable for lost revenue, lost profits, lost appointments, business interruption, or indirect damages
• We do not guarantee performance, appointment volume, or ROI
• Advertising platform issues, API outages, lead quality, or CRM malfunctions are outside our control
• Our total liability shall never exceed the amount paid to Traciety in the prior 30 days

11. CHILDREN’S PRIVACY

We do not knowingly collect or market to individuals under 18.

12. UPDATES TO THIS POLICY

We may update this Policy at any time. Changes are effective upon posting.
Continued use of the Service constitutes acceptance.

13. CONTACT INFORMATION

For questions or notices, contact us at:
[email protected]