Privacy Policy

This Privacy Policy discloses the privacy practices for www.simplechex.com and (including all sub-domains, the "Sites"), which are owned and operated by Kala Group LLC ("KALA," "our," "we" or "us") as well as the use of any mobile device application created by KALA (each, the "Mobile App") and our web-based payment application and API (collectively, the “Web App”). The Sites, Mobile App, and Web App may be referred to as our “Services”. The Web App and payment portal located at simplechex.com, the payments iFrame integrated into third party payment pages, and the mobile AppConnect interface integrated with third party mobile Apps, may be collectively referred to as our “Check Payment Services”.
This Privacy Policy applies to our collection and use of information from all users of our Services and Check Payment Services, including, without limitation, visitors using only free services offered on the Site and/or through the Mobile App, and is incorporated into our Terms of Service and Buyer Terms. Please note, this Privacy Policy does not address the privacy practices of third parties, including those with whom we may share information as set forth below. Please review the privacy policies of any third parties before you disclose information to them. Through your use of any of our Services or Check Payment Services, you consent to the practices described in this Privacy Policy.
Collection and Use of Personal Information We collect information, including personal information from you when use our Services including registering a free account, or a free demo account with KALA, when you register or download our Mobile App(s), or when you provide your information to us Checkly through our Check Payment Services. For purposes of this policy, “personal information” refers to any information about an identified or identifiable individual, including financial account information and Protected Health Information (PHI/ePHI).. “Merchants” refers to the registered Users of the KALA Services on whose behalf KALA processes payments and collects certain consumer information.
We collect personal information from and about Merchants through our Services, and we collect personal information from and about consumers and other individuals who make purchases from these Merchants. that use our Check Payment Services for payment processing and customer management (“Customers”).
Personal Information about consumers may be provided to us by a Merchant’s authorized Users of our Services, or directly by the consumers themselves. By providing information to us through a Payment Service that is part of a Merchant’s instance of our services, consumers consent to our collection of such information and our sharing of that information with the Merchant as set forth in this policy. In cases where authorized Merchant Users enter a consumer’s Personal Information into our systems, they certify that they have received any required authorization to do so from the consumer, and that the disclosure does not violate the PCI DSS, HIPAA, or any other law or regulation.
We generally collect and use information as follows: The Sites and/or Mobile App may require you to give us contact information (name, business name, phone number, e-mail address, and business industry) in order to use the Site. We use this information, and any personal information for your own customers (consumers) that you enter into our Service, to configure your account for sending invoices to your customers, booking Appointments, and other uses and activities relating to our provision of the Service. We may also use this information to communicate with you about your usage, to provide account-specific technical support, and to provide information to you about additional KALA products and services that we believe may be of interest to you.
We may also use your personal information to send you promotional products and information about KALA, the Sites or our Mobile App and/or on behalf of trusted third-parties, subsidiaries and affiliates. We may also create anonymous records from personal information by excluding information (such as your name) that makes the information personally identifiable to you or one of your customers. We may use this anonymous information for certain business purposes of KALA or its subsidiaries or affiliates, including but not limited to, checking future development efforts, analyzing usage patterns so that we may enhance our services, and providing reports based on anonymous non-personal information.
From Consumers using our Check Payment Services
Any Personal Information we collect about a consumer or other individual, whether entered into our systems by the consumer, or entered by an authorized Merchant User is used solely for the purpose of providing our Services or as otherwise set forth herein.
KALA collects information fromcustomers through our Check Payment Services for use by Merchants to collect payment from their customers. When you use our Check Payment Services to process a payment or make a purchase from a Merchant, we may collect information necessary to process that transaction, including your name, address, zip/postal code, bank account and routing numbers, IP address, and any other information necessary to process or authenticate the transaction. In some cases the combination of data we collect, may be classified as Protected Health Information (PHI/ePHI). Furthermore, we may collect information about you and your purchase, as well as any personal information or demographic data that you provide at the time of purchase, including (without limitation) your email address, contact information, and other information related to the products/services purchased.
We may store indefinitely, on behalf of the Merchant, any payment, Protected Health Information (PHI/ePHI), personal, and other information collected as part of a Check Payment Service transaction. The Merchant may have access to that personal information, including your bank account and routing numbers and Protected Health Information, as part of our Services. The Merchant may also use the information you provided us for marketing and other similar purposes, and may combine that information with other information the Merchant holds about you as set forth in the Merchant’s privacy policy or other terms and conditions between you and the Merchant. By providing information to us through the Check Payment Services, you consent to our collection of such information and our sharing of that information with the Merchant as set forth in this policy.
Additionally, to make our Sites more useful to you, and to adhere to the PCI DSS, HIPAA, and other applicable laws and regulations our servers (which may be hosted by a third party service provider) collect personal information and other data from you, including (without limitation) browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. Like most internet services, we automatically gather this information and store it in log files each time you visit our website or access your account on our network.
We may also create anonymous records from Personal Information by excluding information (such as name) that makes the information personally identifiable to a specific consumer or other individual. We may use this anonymous information for certain business purposes of KALA or its subsidiaries or affiliates, including but not limited to, Checking future development efforts, analyzing usage patterns so that we may enhance our services, and providing reports based on anonymous non-personal information. We may also use anonymized PHI/ePHI as authorized by HIPAA.
Cookies and Similar Technologies Certain portions of our Services may collect information via cookies, web beacons, pixel tags, and similar digital tracking technologies. These technologies can be used to collect and analyze other information related to the devices you use to access the Services, such as IP addresses, browser types, browser language, unique device identifiers and other information about your computer(s) and/or mobile device(s).
We may also use these technologies to log click-stream or similar data collected from certain portions of our Sites. Generally, this information is collected when you request pages from our Sites, and typically includes information such as the page served, the time, the source and type of browser making the request, the most recent page view, what you clicked on in order to arrive at our Sites, the content you viewed on our Sites, and other similar information relating to your use of our Sites.
We typically use these cookies and similar technologies for essential and functional purposes (e.g. to maintain an active session), to improve the performance and usability of our Sites, and to analyze how users interact with the Services (e.g. to understand how long users stay on a page, how often they return, and how they arrived at our Site). On certain portions of our Sites and Mobile App, we may collect data through these technologies for advertising, remarketing, or other similar purposes. Click-stream and related data is typically used for purposes of system administration, to improve our Services, for marketing and advertising-related purposes, and other similar uses.
Some tracking technologies on our Services may be provided by a third party (which may collect information on its own behalf, or may provide such information to us). For example, we use Google Analytics on our Site. Google Analytics is a web analytics service provided by Google. Google Analytics uses cookies to collect anonymous traffic data to help use analyze how users use the website. The information generated by a cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for us and providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using the Site, you consent to the processing of data.
When you contact us through the Services When you submit an online "contact us" or other online inquiry form, use our Check Payment Service, download a Mobile App, or when you call, write, fax or otherwise initiate contact with KALA, we record your contact information (name, address, phone number, and email address) in our CRM (Customer Relationship Management) system. This information is used for answering your questions as well as ongoing marketing communication programs. In some cases, you may be referred to a KALA online inquiry form via a link on a third party referral website. In that case, any information collected on the KALA hosted online inquiry form may be shared with the referring party, and that referring party may use it for their own, non-KALA related, marketing communication programs. If you exchange any messages through our Sites or through our Services, we may store those as well.
YOU CONSENT TO RECEIVE AUTODIALED CALLS FROM OR ON BEHALF OF KALA AT ANY NUMBER PROVIDED TO KALA, WHETHER SUCH NUMBER IS CHECKED AT A RESIDENCE, A BUSINESS, A WIRELESS TELEPHONE, OR OTHERWISE. YOU UNDERSTAND THAT THIS CONSENT IS NOT A CONDITION OF PURCHASING THE PRODUCTS AND SERVICES OFFERED BY KALA AND THAT YOU MAY OPT OUT OF RECEIVING AUTODIALED CALLS AT ANY TIME BY NOTIFYING US AT CONTACT@KALAGROUPLLC.COM. YOUR CONTACT MUST INCLUDE YOUR DESIRE TO HAVE YOUR NUMBER REMVOED FROM OUR MARKETING LIST AND IT MUST INCLUDE THE PHONE NUMBER THAT YOU WISH TO HAVE REMVOED FROM OUR CALL LIST.
How we Share Information with Third Parties Except as otherwise set forth in this Privacy Policy or in accordance with any request or consent you provide, KALA does not sell, share, or in any other way transmit personal information (names, address, phone numbers, financial account information, Protected Health Information (PHI/ePHI), etc.) submitted by non-registered users to any other persons or companies. We reserve the right, however, to use and disclose anonymous information to third parties, at our discretion. Except as limited below, third parties may use information we share with them for any purpose for which we may use such information.
Personal information we collect may be shared with service providers who provide certain services on our behalf, including but not limited to, identity verification, credit checks, fraud prevention, business intelligence, customer relationship management, bill collection, payment processing, marketing, hosting, and other common technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and in accordance with this Privacy Policy, and you consent to our sharing with these parties by using our Service and accepting the terms of this Privacy Policy.
We may provide information, including personal information of registered users to third party service providers and referral partners that work on behalf of or with us to provide some of the aspects of our services, to help us communicate with you, or to provide Merchants with ancillary services offered by such service providers and referral partners. We may also receive information about you, including personal information, from our third party service providers and referral partners. However, these service providers and referral partners do not have any independent right to disclose this information (except to the same extent we would have a right to disclose that information under this Privacy Policy).
If you make a purchase from a Merchant using our Check Payment Services, we may grant access to or share with the Merchant any and all information we collect as part of that transaction, including credit card and other financial account information and Protected Health Information (PHI/ePHI), except where that disclosure is prohibited by law, regulation or other obligations (e.g. for data security). You hereby agree that we may share some or all of your personal information with a parent company, subsidiaries, joint ventures, or other companies under common control with us (collectively, "Affiliates"). We will require our Affiliates to comply with this Privacy Policy. If our company or some or all of our assets are acquired by another company, any personal or other information we possess may be a part of the assets transferred, and that company will possess any rights granted to us under this Privacy Policy.
Finally, in extraordinary circumstances, we may share any personal or other information we possess, including but not limited to credit card and other financial account information and Protected Health Information (PHI/ePHI) when necessary or appropriate to: comply with the law; cooperate with law enforcement or national security requirements; respond to lawful requests; comply with law or credit card rules; participate in a lawful federal, state or local government investigation; protect the rights of KALA, other KALA Merchants or customers, and third parties; or to investigate violations of or to enforce ourBuyer Terms. However, in doing so, we may: (i) dispute demands for release to the extent we believe, in our sole discretion, are unwarranted, illegitimate or overbroad; and (ii) when we determine that it is necessary or appropriate, we will notify you of any requests for release.
In all cases where we share Personal Information with third parties, we will use a "minimum necessary" standard to disclose only that information required to perform the service for which the information is disclose. Data Retention Policy, Managing Your Information We may retain personal information indefinitely. We may store on behalf of Merchants, for as long as a valid business reason exists, which may be indefinitely, any Personal Information, including but not limited to credit card and other financial account information and Protected Health Information (PHI/ePHI), collected about a consumer or other individual, whether entered directly into our systems by the consumer, or entered by an authorized Merchant User. We may retain anonymized and aggregate data indefinitely. Upon termination of a contract with a Covered Entity, we will remove any ePHI stored in our systems on behalf of that Covered Entity where required by applicable law or the Business Associate Agreement with the Covered Entity; any PHI that we continue to maintain, will be stored and protected per the terms of our Business Associate Agreement with the Covered Entity. Choice/Opt-Out You may opt-out of receiving marketing communications from us by following the opt-out instructions we include in such communications. You may opt-out of all of our information collection from your mobile device by uninstalling the Mobile App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. To the extent required by law, you may choose to opt out of sharing with any other parties with whom we may share your personal information; however, you may be unable to use the Services or certain features if you wish to limit such sharing. Accessing, Correcting and Deleting your Information
KALA acknowledges the right of individuals to access their personal data. If you are a Merchant, you may access and modify your personal and other account information using your account settings page. You may also access, change and modify information previously provided or collected by sending an email to KALA at contact@kalagroupllc.com to initiate changes or modifications or to obtain a file for review. Note that KALA will require you to verify your identity prior to releasing any personal information.You may close your KALA account by contacting KALA Customer Care at 888-588-1744 or contact@kalagroupllc.com.
Further, you may request that your personal information be removed from all KALA systems. This request must be made in writing to the address provided below. Note that if you request removal of your personal information you will no longer have access to any existing KALA account and will not be able to use any KALA product or service. KALA reserves the right to retain certain account information for its recordkeeping or compliance purposes.
If you are a patient, customer, or otherwise do business with a Covered Entity that utilizes KALA systems as part of providing service to you, you can request that the Covered Entity provide you with access to the Personal Health Information (PHI/ePHI) stored in KALA systems on its behalf, that it make changes to that ePHI, and/or that the ePHI be deleted from KALA systems.
Note that using the system delete function to remove any data related to your customer (such deleting a Customer Record or deleting a credit card or bank account from a Customer Record), or to remove any personal data about your company or its authorized Users (such as deleting a Staff profile), only restricts viewing that data from any system interface and prevents utilizing that data for any system function. It does not permanently delete the data from KALA systems. To have any personal data permanently deleted from KALA systems, you must make an official request in writing, to the address provided below or by emailing contact@kalagroupllc.com, that includes the specific information that you would like permanently deleted from KALA systems. Note that KALA will require you to verify your identity prior to executing any request to permanently delete data.
California residents may request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. You may make one request each year by contacting us as set forth below. Dispute Resolution If you have any questions or concerns, please contact KALA by e-mail at Buyer contact@kalagroupllc.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If we are unable to reach a resolution to the dispute, you and KALA will settle the dispute exclusively as set forth in the Terms of Use.
A Note About Children We do not intentionally gather information about visitors who are under the age of 18. If you are under the age of 18 you should not use our Sites or Service. Changes to this Privacy Policy We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at www.kalagroupllc.com. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.
Contacting Us Kala Group LLC E: contact@kalagroupllc.com