Wearsafe Privacy Policy

Last updated: March 19, 2020

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 such information;
How you can access and update such information; and
The choices you can make about how we collect, use and share your 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 elect to access through 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.

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
Birth date
Email address (which must be a functioning email address)
Password
Mobile phone number
A photograph that may appear as your profile picture

If you want to create an Account for a child under the age of 13, please note that we collect the child’s name, email address and/or mobile telephone number in order to obtain consent from the parent or legal guardian.

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
Medical conditions
Audio, image and video recordings
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

Information From Parents or Legal Guardians. In accordance with the U.S. Children’s Online Privacy Protection Act (COPPA), we may collect additional information from a parent or legal guardian in order to obtain verifiable parental consent to allow a child under the age of thirteen (13) to use our Service. For more information about COPPA and general tips about protecting children’s online privacy, please visit OnGuard Online.

Geolocation Information. We collect your unique user identifier and your location through GPS, Wi-Fi, 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 and first responders).

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 You Provide About Your Third Party Accounts. You may be able to link your Account to certain Third Party Services. In order to do so, you may provide us with your username or other user ID (i.e., your Facebook ID) on each of those Third Party Services. You may also be required to engage in an authorization process with each of those Third Party Services, where we receive a token that allows us to access those accounts so that we can, for example, when you choose, post your content, or links to your content, to those services. We do not receive or store your passwords for your Third Party Service accounts.

Information Obtained From Third Party Services. In some cases, we may obtain supplemental information about you from third parties such as demographic data, 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.

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].

B. NON-PERSONAL INFORMATION

We may also collect aggregate, 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, or other types of tracking technology (collectively “Non Personal 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.

2. HOW WE USE INFORMATION COLLECTED FROM YOU

We may use both Personal Information and Non-Personal 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 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.

3. HOW WE SHARE OR DISCLOSE INFORMATION COLLECTED FROM YOU

We will not rent or sell your Personal Information to third parties outside of Wearsafe Labs and its subsidiaries and affiliates (collectively “Company”) without your consent, except as noted below. Your information may be shared as follows:

Other Users. We may share your Personal Information, including name, email and location, with certain other Users in connection with a Wearsafe Alert as defined below.

Safety, Security and Compliance With Laws. We may disclose any information, including Personal Information, to first responders, safety personnel, law enforcement, governmental agencies, or authorized third-parties, in response to: (1) an alert notification message that is sent by, or initiated in connection with, the Service (a “Wearsafe Alert”); or (2) a verified request relating to a criminal investigation, investigation of fraud, alleged illegal activity or any other activity that may expose us, you, or any other User or person to physical harm or legal liability. In such events, we will disclose information relevant and necessary to the emergency response, investigation or inquiry, such as name, city, state, ZIP code, telephone number, email address, User ID history, IP address, payment history, and anything else we may deem relevant to the emergency response or investigation. Without limiting the above, in an effort to respect your privacy and our ability to keep the Wearsafe community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties after an alert without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to protect the rights, property, or personal safety of our Users, our Company or others.

Business Transfers. We may at any time buy or sell/divest the Company, or any combination of its products, services, assets and/or businesses. Personal Information such as customer names and email addresses, and other user 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 Service Providers Performing Services On Our Behalf. We may contract 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].

4. HOW TO ACCESS AND UPDATE YOUR INFORMATION

You can access, review and make changes to certain of your Personal Information and Non-Personal Information by logging into your Account and updating your Account profile.If you want to delete your account, or if you are a parent and would like to delete your child’s Personal Information, you may contact us in writing at [email protected] with the subject “Delete My Account.” In any correspondence on behalf of yourself, please include your name and email address. In any correspondence on behalf of a child, please include the child’s name, email address and the parent’s name, email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information.

Deleting your Account will not immediately remove all content from our systems, as caching of, backups of, copies of, or references to your Account profile may not be immediately removed. 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 in connection with a Wearsafe Alert.

5. CHILDREN’S PRIVACY

We recognize the need to provide further privacy protections with respect to Personal Information we may collect and process from children using our Service. Please view our COPPA Policy for more information. In any instance that we collect Personal Information from a child, we will retain that information in accordance with this Privacy Policy and only so long as reasonably necessary to provide the Service, ensure the security of our Users and our Service, or as required by law. In the event we discover we have collected information from a child in a manner inconsistent with the requirements of the U.S. Children’s Online Privacy Protection Act (COPPA), we will either delete the information or immediately seek the parent’s consent for that collection.

During the Account registration process, we will ask for certain Personal Information, including email address and first and last name. We will also ask for a person’s birth date to validate age. Consistent with the requirements of COPPA, in any instance where we ask for age and determine that an Account is being created for a child under the age of 13, a parent or legal guardian must first complete the Parental Consent Form and return it via fax or email.

Please note that given the mature and highly sensitive nature of information collected and transmitted in connection with a Wearsafe Alert, this feature is age-gated and it is Wearsafe’s policy that no child under the age of 13 will be permitted to receive an alert from another User.

If you believe your child is participating in an activity that collects Personal Information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please contact us at [email protected].

At any time, parents can refuse to permit us to collect further Personal Information from their children in association with an Account, and can request that we delete from our records the Personal Information we have collected in connection with that Account. Please keep in mind that a request to delete records will lead to a termination of the Account and Service for that child.

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.

California Statutory Rights. Under California Civil Code sections 1798.83 – 1798.84, California residents who have an established business relationship with Company are entitled to ask us for a notice describing what categories of personal customer information we share with third parties for those third parties’ direct marketing purposes and to opt-out of sharing your personal information with third parties for direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties with which it was shared, along with their names and addresses. If you choose to opt-out or would like a copy of this notice, please submit a written request to the following address: Wearsafe Labs, California Resident Privacy Request, c/o Wearsafe Privacy Department 1429 Park Street, Suite 205, Hartford, CT 06106. Please allow 30 business days for a response.

Privacy Shield Statement. 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.