Wearsafe Privacy Policy

Last updated: March 25, 2021

Your privacy, and the privacy of all users of the Wearsafe software and associated Wearsafe websites (collectively, the “Services”) is important to us.  In connection with your use of the Services, we ask for and may collect a variety of Information as more fully described below.  Wearsafe Labs has voluntarily certified that it meets the U.S. Department of Commerce Privacy Shield Principles for adequate privacy protection of data of EU and Swiss individuals.  Accordingly, we have adopted the following privacy policy (“Privacy Policy”) which describes:

• How and why we collect certain information from you via the Service;

• How we use and with whom we share Information;

• How you can access and update such Information; and

• The choices you can make about how we collect, use and share Information.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including third party websites, services and applications (collectively, “Third Party Services”) that you may access or receive in connection with the Service or to individuals that we don’t manage or employ.

Please read this Privacy Policy carefully, and feel free to contact us at [email protected] if you have any questions regarding its content.  This Privacy Policy is incorporated into and made a part of the Wearsafe Terms of Service (“Wearsafe Term of Service”).  Terms not defined herein shall have the meaning set forth in the Wearsafe Terms of Service.

You may decline to submit any information through the Service, in which case we may not be able to provide our Service to you.

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1) THE INFORMATION WE COLLECT

A. PERSONAL INFORMATION

We collect personally identifiable information (“Personal Information”) about you and your use of the Service, as described in more detail below:

Registration Information.  When you create an account to use the Service (an “Account”), you must provide information including:

• First and last name

• Email address (which must be a functioning email address)

• Password

• Mobile phone number

Additional User Information.  We may also collect additional Personal Information in connection with your use of the Service, including:

• Profile information, including gender, height, weight, hair color, eye color and personal relationships

• A photograph that may appear as your profile picture

• Health conditions

• Audio, image and video recordings

• Address and billing information

• Personal and contact information you provide to us through information pages, feedback pages, email correspondence, dispute resolution or shared by you from other third party social applications, services or websites

Geolocation Information. We collect your unique user identifier and your location through GPS, Wi-Fi, Bluetooth beacons or wireless network triangulation in order to obtain your location for the purposes of providing our Service.  Unless you have turned off location services to the App, we will continue to collect your location information in order to provide the Service (for example, to share your location with other Users or individuals who render assistance to you)​.

Messages and User Content.  We collect information when you send text messages to other Users through use of the Service.  We may also retain any messages you send to us.​

Information Received from Other Users.  We may receive information about you from other users of the Service, such as when they invite you to join their network.

Information Obtained From Third Party Services.  In some cases, we may obtain supplemental information about you from third parties as permitted by law.  To the extent we obtain such information, we may use the information about you that we receive from third parties to improve and personalize the Service and to provide additional products and services to you.

Please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your information or engage with.  We care about the security of your information and we use commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect and that we share with our service providers.  However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. Therefore, we cannot and do not guarantee that information you provide through the Service will not be viewed by unauthorized persons. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations. Any improper collection or misuse of information provided using the Service is a violation of the Service terms and should be reported via [email protected].

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B. NON-PERSONAL INFORMATION

We may also collect non-personally identifiable information about you and your use of the Service, as described in more detail below, including by using “cookies,” web beacons, local shared objects, Bluetooth beacons, or other types of tracking technology (collectively “Non Personal Information”) (“Personal Information” and “Non-Personal Information” collectively referred to as “Information.”)

Log Data. Our servers may automatically record log data information (“Log Data”) from anyone who uses the Service.  Log Data may contain details such as your web request, IP address, browser type, browser language, the address of the web page you were visiting before you came to the App, date and time of your request and one or more cookies with the help of which your browser can be recognized. Other actions, such as interactions with our Service, may also be included in the Log Data.

Device Information.  We will also collect information about the device you’re using the Service from, including the type of device, the operating system being used to use the Service, device settings and unique device identifiers.

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2. HOW WE USE INFORMATION COLLECTED FROM YOU

We may use Information collected from you in any one or more of the following ways:

• To register and service your Account;

• To administer and improve the Service;

• To provide additional safety and protection services and products

• To resolve disputes and troubleshoot problems;

• To prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our Service terms;

• To compare information for accuracy, and verify it with third parties;

• For our internal records, tracking and business purposes;

• To contact you to respond to your questions or requests or to provide you with technical support;

• To provide you with information regarding changes to the Service which may affect your Account, your use of the Service, and/or the products and services available through the Service;

• To customize the user experience of the Service;

• To analyze trends, track user movement and gather statistical information for aggregate use; and

• To promote the Service or customize advertising that may be visible to you in connection with the Service.

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3. HOW WE SHARE OR DISCLOSE INFORMATION COLLECTED FROM YOU

We may share Information we obtain about you with our affiliates and subsidiaries. We also may share Information we obtain about you with third-party vendors, service providers that provide services or products to you, and other entities to perform certain services in connection with our business purposes, including, without limitation, such as website hosting, data analytics, advertising services, payment processing, and other services. We also may share Information with joint marketing partners in support of our marketing efforts.

​Other Users.  We may share Information, including name, email and location, with certain other Users in connection with an alert notification message that is sent by, or initiated in connection with, the Service.

Safety, Security and Compliance With Laws.  We may disclose Information (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) with your consent or as directed by your representative.

Business Transfers.  We may at any time buy or sell/divest the Company, or any combination of its products, services, assets and/or businesses.  Information related to the Service will likely be one of the items transferred in these types of transactions. We may also transfer or assign such Information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings.

To Third parties Performing Services.  We may share Information with third party companies to perform services on our behalf, including but not limited to accounting, managerial, technical, marketing, operations, message delivery, hosting services, customer service and data analysis.

Testimonials.  We may post user testimonials which may contain Personal Information.  If you wish to request the removal of your testimonial, you may contact us at [email protected].

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​4. HOW TO ACCESS AND UPDATE YOUR INFORMATION

You can access, review and make changes to certain of your Information by logging into your Account and updating your Account profile.  Please note that we may, at our discretion, purge, destroy, delete, sanitize, anonymize, or compile any and all incident and other information collected by our Service.

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​5. CHILDREN’S PRIVACY

Our Services are designed for a general audience and are not directed to children. In connection with the Services, we do not knowingly solicit or collect personal information from children under the age of 13 without parental consent. If we learn that we have collected personal information from a child under age 13 without parental consent, we will either seek parental consent or promptly delete that information. If you believe that a child under age 13 may have provided us with personal information without parental consent, you may contact us at [email protected].

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​6. GENERAL TERMS

Links to Third Party Apps, Websites and Services.  We are not responsible for the practices employed by third party websites or other applications or services linked to or from the Service nor the information or content contained therein.  When you navigate away from the Service to another application or website, our Privacy Policy is no longer in effect.

Changes to This Policy.  If we decide to make material changes to our Privacy Policy, we will, at our discretion, attempt to notify you and other users by sending a notice to the email address provided to us and/or by placing a notice on our website.  You should periodically check for such notices or updates to this Privacy Policy.  Use of information we collect is subject to the Privacy Policy in effect at the time such information is used.

Your Nevada Privacy Rights

If you are a Nevada resident, you have the right to request that Wearsafe not sell your personal information to third parties. You may submit such a request via email at [email protected].  However, please note that Wearsafe only shares Personal Information with third parties as outlined in this Policy.

Your California Privacy Rights

If you are a California resident, the information below may apply to you. Certain terms used in this section have the meaning given to them by the California Consumer Privacy Act (“CCPA”).

As described in our Policy, in order to operate the Services, we have collected and used the following categories of information in the past twelve months:

• Information related to your Account;

• Information provided by you;

• Information collected from your device;

• Location information.

This includes Personal Information as defined by the CCPA.

If you are a California resident, you can request that we delete the Personal Information we have collected from your use of the Service.  You may contact us in writing at [email protected]  with the subject “Delete My Personal Information.”  After you submit your request, we will attempt to verify your identity and residency. We then will proceed to delete your Personal Information unless it is excluded from deletion by the CCPA.

The CCPA provides that certain information is not subject to deletion. For example, we will not delete Personal Information that relates to ongoing Services you have purchased or is needed for Wearsafe to satisfy a legal obligation or defend a legal claim.  Information that is not subject to deletion includes:

• Your Account;

• Your billing history;

• Deidentified or aggregated information

• Information provided to Wearsafe through your use of the Service.

Europe Privacy Rights

If you are a resident of the European Economic Area, including the European Union and Switzerland, please review these additional privacy disclosures which provide information about your rights under the EU General Data Protection Regulation (GDPR).

Wearsafe Labs complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  Wearsafe has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov​. Please direct any inquiries or complaints regarding our compliance with the Principles to [email protected]. If we do not resolve your complaint, you may submit your complaint free of charge to JAMS using this link: https://www.jamsadr.com/eu-us-privacy-shield, Wearsafe Labs’ designated Privacy Shield dispute resolution provider.  Under certain conditions specified by the Principles, you may also be able to invoke binding arbitration to resolve your complaint. Wearsafe Labs is subject to the investigatory and enforcement powers of the FTC.

​Wearsafe will obtain assurances from its agents that they will safeguard personal information consistent with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Privacy Shield Principles, Privacy Shield certification by the agent, or being subject to another European Commission adequacy finding. Where Wearsafe has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Wearsafe will take reasonable steps to prevent or stop the use or disclosure. In cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US Privacy Shield and Swiss-US Privacy Shield, Wearsafe is potentially liable.

​Wearsafe shall take reasonable steps to protect the Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Wearsafe has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Wearsafe cannot guarantee the security of Personal Information on or transmitted via the Internet.

​Wearsafe uses a self-assessment approach to maintain compliance with this Privacy Policy and periodically verifies that this Privacy Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the Principles.