Privacy Policy

Last updated: January 2, 2025

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application refers to the FranklinWH App, the software program provided by the Company.
Business, for the purpose of CCPA/CPRA, refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
CCPA and/or CPRA refers to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act of 2020 (CPRA).
Company (referred to as either the Company, We, Us or Our in this Agreement) refers to FranklinWH Energy Storage Inc. and its Affiliates.
Consumer, for the purpose of the CCPA/CPRA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Data Controller, for the purposes of the GDPR, refers to the Company as the legal entity which alone, or jointly with others, determines the purposes and means of the processing of Personal Data.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
Personal Data is any information that relates to an identified or identifiable individual.
For the purposes of the CCPA/CPRA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Service refers to the Application, the Website, or both.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to www.franklinwh.com; energy.franklinwh.com.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

COLLECTING AND USING YOUR PERSONAL DATA

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, City, State, Province, ZIP/Postal code
Transactional usage information such as Your utility bills, electrical meter information, meter reading and historical data
Usage Data
Passwords
Information through audio recordings

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device, mobile device unique ID, the IP address, operating system, the type of mobile Internet browser, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Passwords

When You create an account with Us or log into Your existing account, We collect Your password to authenticate Your identity and provide access to Your account to ensure that only You can access Your personal information and to protect Your account from unauthorized access.

Information through audio

In our ongoing effort to enhance your experience and improve our services, we may collect information through audio recordings when you use certain features of our app or website. This audio data may include your voice commands, conversations with our customer support team, or any other audio input you provide while using our services. We want you to know that we collect this audio data for several important purposes. For example, we use it to improve our voice recognition features, ensuring that our system better understands and responds to your commands. Additionally, this audio data helps us provide more effective customer support by allowing our team to review conversations and identify areas where we can improve our service.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:

Information regarding Your location
Pictures and other information from Your Device's camera and photo library

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless You have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session." Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow Us to remember choices You make when You use the Website, such as remembering Your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter Your preferences every time You use the Website.
Tracking and Performance Cookies

Type: Persistent Cookies

Administered by: Third-Parties

Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify You as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device You use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
Targeting and Advertising Cookies

Type: Persistent Cookies

Administered by: Third-Parties

Purpose: These Cookies track Your browsing habits to enable Us to show advertising which is more likely to be of interest to You. These Cookies use information about Your browsing history to group You with other users who have similar interests. Based on that information, and with Our permission, third party advertisers can place Cookies to enable them to show adverts which We think will be relevant to Your interests while You are on third party websites.

For more information about the Cookies we use and Your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which We offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
To deliver targeted advertising to You: We may use Your information to develop and display content and advertising (and work with third-party vendors who do so) tailored to Your interests and/or location and to measure its effectiveness. We do not share Your SMS consent and phone numbers with third parties or affiliates for marketing purposes.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and Your experience.

We may share Your personal information in the following situations:

With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You, to help support and maintain Our Service, to advertise on third party websites to You after You visited our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your information with Our Affiliates, in which case We will require those Affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: When You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if We are required to retain Your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

The Company stores Your password in Our system using industry-standard hashing algorithms to ensure it is secure and encrypted. Password data is generally retained for as long as You maintain an active account with Our Service, and for a reasonable period of time thereafter. This is necessary for authentication purposes and to protect Your account from unauthorized access. Your actual password is never stored in plain text and cannot be accessed or read by anyone, including Our employees. Password data access is strictly limited to authorized personnel who require this information to perform their job functions, such as troubleshooting account issues.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information, including encrypting Your Personal Data before transferring; redacting certain sensitive or key information before transferring Your Personal Data; and implementing access controls to ensure that only authorized personnel have access to Your Personal Data during and after the transfer.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if You have one, and visiting the account settings section that allows You to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when We have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability

If you choose to limit the use and disclosure of your sensitive personal information, we will respect your choice for at least 12 months. After this period, we may request your authorization again to use and disclose your sensitive personal information for additional purposes.

Security of Your Personal Data

The security of Your Personal Data is important to Us. However, please note that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

DETAILED INFORMATION ON THE PROCESSING OF YOUR PERSONAL DATA

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies. A detailed list of such Service Providers is provided here, and We are updating this list from time to time.

We may use third-party Service providers to

monitor and analyze the use of our Service
show advertisements to You to help support and maintain Our Service
contact You with newsletters, marketing or promotional materials and other information that may be of interest to You
advertise to You after You accessed or visited our Service so as to improve our Service to reflect Your interests and serve You advertisements that are likely to be of more interest to You

These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies and to enable Us to:

Measure and analyze traffic and browsing activity on Our Service
Show advertisements for our products and/or services to You on third-party websites or apps
Measure and analyze the performance of Our advertising campaigns

Some of these third-party vendors may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit You to block such technologies. You can use the following third-party tools to decline the collection and use of information for the purpose of serving You interest-based advertising:

The NAI's opt-out platform: http://www.networkadvertising.org/choices/
The EDAA's opt-out platform: http://www.youronlinechoices.com/
The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

You are advised to learn more about these third-party vendors privacy policy by visiting their respective official website. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us. You may opt-out of all personalized advertising by enabling privacy features on Your mobile device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See Your mobile device Help system for more information.

We may share information, such as hashed email addresses (if available) or other online identifiers collected on Our Service with these third-party vendors. This allows Our third-party vendors to recognize and deliver You ads across devices and browsers. To read more about the technologies used by these third-party vendors and their cross-device capabilities please refer to the Privacy Policy of each vendor listed below.

CCPA/CPRA PRIVACY NOTICE (CALIFORNIA PRIVACY RIGHTS)

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which We may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

Category A: Identifiers.

Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers.

Collected: Yes.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Collected: Yes.
Category C: Protected classification characteristics under California or federal law.

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Collected: No.
Category D: Commercial information.

Examples: Records and history of products or services purchased or considered.

Collected: No.
Category E: Biometric information.

Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Collected: No.
Category F: Internet or other similar network activity.

Examples: Interaction with our Service or advertisement.

Collected: Yes.
Category G: Geolocation data.

Examples: Approximate physical location.

Collected: Yes.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

Collected: No.
Category I: Professional or employment-related information.

Examples: Current or past job history or performance evaluations.

Collected: No.
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Collected: No.
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Collected: No.
Category L: Sensitive personal information.

Examples: Account login and password information, geolocation data.

Collected: Yes.

Under CCPA/CPRA, personal information does not include:

Publicly available information from government records
Deidentified or aggregated consumer information
Information excluded from the CCPA/CPRA's scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994

Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service.
Indirectly from You. For example, from observing Your activity on our Service.
Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, third-party vendors to provide advertising on our Service, third-party vendors to deliver targeted advertising to You, or other third-party vendors that We use to provide the Service to You.

Use of Personal Information

We may use or disclose personal information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA/CPRA), which may include the following examples:

To operate our Service and provide You with Our Service.
To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve Our Service.
To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to You when collecting Your personal information or as otherwise set forth in the CCPA/CPRA.
For internal administrative and auditing purposes.
To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Other one-time uses.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how We use this information, please refer to the "Use of Your Personal Data" section.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes, We will update this Privacy Policy.

Disclosure of Personal Information

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

Category A: Identifiers
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category F: Internet or other similar network activity
Category G: Geolocation data
Category L: Sensitive personal information

Please note that the categories listed above are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Share of Personal Information

We may share, and have shared in the last twelve (12) months, Your personal information identified in the above categories with the following categories of third parties:

Service Providers
Our affiliates
Our business partners
Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You

Sale of Personal Information

As defined in the CCPA/CPRA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information by the Business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

We do not sell personal information as the term sell is commonly understood. We do allow Service Providers to use Your personal information for the business purposes described in Our Privacy Policy, for activities such as advertising, marketing, and analytics, and these may be deemed a sale under CCPA/CPRA.

We may sell and may have sold in the last twelve (12) months the following categories of personal information:

Category A: Identifiers
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category F: Internet or other similar network activity
Category G: Geolocation data
Category L: Sensitive personal information

Please note that the categories listed above are those defined in the CCPA/CPRA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of Our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

Sale of Personal Information of Minors Under 16 Years of Age

We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that We link to may do so. These third-party websites have their own terms of use and privacy policies and We encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.

If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.

Your Rights under the CCPA/CPRA

The CCPA/CPRA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
The right to know/access. Under CCPA/CPRA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:
- The categories of personal information We collected about You
- The categories of sources for the personal information We collected about You
- Our business or commercial purposes for collecting or selling that personal information
- The categories of third parties with whom We share that personal information
- The specific pieces of personal information We collected about You
- If We sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
The right to say no to the sale or sharing of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request, please see the "Do Not Sell My Personal Information" section or contact Us.
The right to correct Personal Data. You have the right to correct or rectify any inaccurate personal information about You that We collected. Once We receive and confirm Your request, We will use commercially reasonable efforts to correct (and direct our Service Providers to correct) Your personal information, unless an exception applies.
The right to limit use and disclosure of sensitive Personal Data. You have the right to request to limit the use or disclosure of certain sensitive personal information We collected about You, unless an exception applies. To submit, please see the "Limit the Use or Disclosure of My Sensitive Personal Information" section or contact Us.
The right to delete Personal Data. You have the right to request the deletion of Your Personal Data under certain circumstances, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:
- Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by:

Denying goods or services to You
Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
Providing a different level or quality of goods or services to You
Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising Your CCPA/CPRA Data Protection Rights

Please see the "Do Not Sell My Personal Information" section and "Limit the Use or Disclosure of My Sensitive Personal Information" section for more information on how to opt out and limit the use of sensitive information collected.

Additionally, in order to exercise any of Your rights under the CCPA/CPRA, and if You are a California resident, You can contact Us:

By email: [email protected]
By phone number: 888-837-2655
By mail: 1731 Technology Dr., Suite 530 San Jose, CA 95110

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must:

Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it

We cannot respond to Your request or provide You with the required information if We cannot:

Verify Your identity or authority to make the request
And confirm that the personal information relates to You

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

Do Not Sell My Personal Information

You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, We will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.

The Service Providers We partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA/CPRA law. If You wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA/CPRA law, You may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.

Website

If applicable, click "Privacy Preferences", "Update Privacy Preferences" or "Do Not Sell My Personal Information" buttons listed on the Service to review Your privacy preferences and opt out of cookies and other technologies that We may use. Please note that You will need to opt out from each browser that You use to access the Service.

Additionally, You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:

The NAI's opt-out platform: http://www.networkadvertising.org/choices/
The EDAA's opt-out platform http://www.youronlinechoices.com/
The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If You change browsers or delete the cookies saved by Your browser, You will need to opt out again.

Mobile Devices

Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:

"Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
"Limit Ad Tracking" on iOS devices

You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.

Limit the Use or Disclosure of My Sensitive Personal Information

If You are a California resident, You have the right to limit the use and disclosure of Your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests such services or goods.

We collect, use and disclose sensitive personal information in ways that are necessary to provide the Service. For more information on how We use Your personal information, please see the "Use of Your Personal Data" section or contact Us.

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Your California Privacy Rights (California's Shine the Light law)

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with Us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

If You'd like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

PRIVACY ACT 1988 (CTH) AND AUSTRALIAN PRIVACY PRINCIPLES (APPs)

The Company is committed to protecting the privacy of our Australian users and customers in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). This privacy notice section for Australian residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in Australia.

Collection of Sensitive Information

We collect sensitive information only with Your express consent and when it is reasonably necessary for our functions or activities. We will not use or disclose Your sensitive information for any purpose other than the primary purpose for which it was collected, unless You have consented to the secondary use or disclosure, or it is required or permitted by law.

Use and Disclosure of Personal Information

We use Your personal information for the purposes outlined in our Privacy Policy. We may disclose Your personal information to third parties, including Our service providers, Affiliates, and business partners, in accordance with the APPs. We will not use or disclose Your personal information for direct marketing purposes unless You have consented to receive such communications, or it is otherwise permitted by law.

Overseas Disclosure and Cross-Border Transfer of Personal Data

We may disclose Your personal information to overseas recipients located in the United States, New Zealand, and China. These recipients are subject to similar privacy laws, and We take reasonable steps to ensure they handle Your information in accordance with the APPs.

In accordance with the Australian Privacy Principles 8.1 and 8.2, we conduct thorough assessments of any cross-border transfers of personal data related to our products. These assessments evaluate:

The purpose of the data transfer
The method of transfer
The legitimacy and necessity of the transfer
The legal basis for the transfer

Our assessment considers factors including, but not limited to:

Whether the transfer is necessary for the performance of a contract with the data subject
Whether the transfer is necessary for important reasons of public interest
The privacy laws and data protection standards of the recipient country
The organizational and technical measures in place to protect the data during and after transfer

Based on the results of our assessment, we implement appropriate security safeguards for necessary cross-border data transfers. These may include:

Contractual clauses requiring the recipient to adhere to specified data protection standards
Encryption of data in transit and at rest
Anonymization or pseudonymization of personal data where feasible
Regular audits of data recipients to ensure compliance with agreed standards

Access and Correction

You have the right to access and correct Your personal information held by Us, subject to certain exceptions under the Privacy Act 1988. To request access or correction, please contact Us using the details provided in the section titled “CONTACT US” at the end of this Privacy Policy. We will respond to Your request within a reasonable period and may charge a fee for providing access to Your personal information.

Notifiable Data Breaches

In the event of an eligible data breach, We will promptly notify affected individuals and the Office of the Australian Information Commissioner (OAIC) in accordance with the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988. We will conduct a thorough assessment of any suspected data breach to determine whether it is an eligible data breach and take appropriate remedial action to mitigate any potential harm to affected individuals.

Changes to Personal Information Sharing

If we make changes to the types of personal information we share with third parties or the identity of the third parties receiving this data, we will update this Privacy Policy and notify you of these changes. Notifications may be sent through various channels, including:

Pop-up notifications in our mobile applications and on our website
Email notifications with links to the updated Privacy Policy
Prominent notices on our website, including the date of the most recent update

We encourage you to review this Privacy Policy regularly to stay informed about our data practices.

Complaints

If You believe We have breached the APPs or our Privacy Policy, You can lodge a complaint with Us using the contact details provided in the section titled “CONTACT US” at the end of this Privacy Policy. We will investigate and respond to Your complaint within a reasonable time, usually within 30 days. If You are unsatisfied with our response, You may refer Your complaint to the Office of the Australian Information Commissioner.

For more information about the Australian Privacy Principles and how they apply to Our business, please visit the OAIC website at www.oaic.gov.au.

PRIVACY ACT 2020 AND NEW ZEALAND INFORMATION PRIVACY PRINCIPLES

The Company is committed to protecting the privacy of our New Zealand users and customers in accordance with the Privacy Act 2020 and the New Zealand Information Privacy Principles (NZIPPs). This privacy notice section for New Zealand residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in New Zealand.

Collection of Personal Information

We collect personal information directly from You, and sometimes from other sources, only when it is necessary for a lawful purpose connected with our functions or activities. We will collect personal information by lawful and fair means and not in an unreasonably intrusive way. When collecting personal information directly from You, we will take reasonable steps to ensure You are aware of:

The fact that we are collecting the information
The purpose for which we are collecting the information
The intended recipients of the information
The names and addresses of who is collecting the information and who will hold it
Whether the collection is required or authorized by law and any consequences for not providing the information
Your rights of access to and correction of personal information

Use and Disclosure of Personal Information

We use Your personal information for the purposes outlined in our Privacy Policy. We will only use or disclose Your personal information for the purpose for which it was collected or a directly related purpose, unless You have consented to another use or disclosure, or an exception in the Privacy Act 2020 applies.

Unique Identifiers

We will only assign unique identifiers to individuals where it is necessary to carry out our functions efficiently. We will not require You to disclose any unique identifier unless it is necessary to do so for our functions.

Overseas Disclosure and Cross-Border Transfer of Personal Data

We may disclose Your personal information to overseas recipients located in the United States, Australia, and China. Before disclosing personal information to an overseas recipient, we will take reasonable steps to ensure the overseas recipient does not breach the NZIPPs in relation to the information.

In accordance with the Privacy Act 2020 (Section 22 - Information Privacy Principle 12), we conduct thorough assessments of any cross-border transfers of personal data related to our products. These assessments evaluate:

The purpose of the data transfer
The method of transfer
The legitimacy and necessity of the transfer
The legal basis for the transfer

Our assessment considers factors including, but not limited to:

Whether the transfer is necessary for the performance of a contract with the data subject
Whether the transfer is necessary for important reasons of public interest
The privacy laws and data protection standards of the recipient country
The organizational and technical measures in place to protect the data during and after transfer

Based on the results of our assessment, we implement appropriate security safeguards for necessary cross-border data transfers. These may include:

Contractual clauses requiring the recipient to adhere to specified data protection standards
Encryption of data in transit and at rest
Anonymization or pseudonymization of personal data where feasible
Regular audits of data recipients to ensure compliance with agreed standards

If we cannot get assurance that the overseas recipient will provide comparable safeguards, we will specifically inform You that the overseas recipient may not be required to protect the information in a way that provides comparable safeguards to those in the Privacy Act 2020, and obtain Your express authorization for the disclosure.

We will only transfer Your personal information to another country if:

The individual consents to the disclosure;
The disclosure is required or authorized by law;
The recipient is subject to a law or binding scheme that provides comparable safeguards to the NZIPPs;
The disclosure is necessary for the performance of a contract between the individual and the organization;
The disclosure is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the organization and a third party;
The disclosure is for the benefit of the individual, it is impracticable to obtain the consent of the individual, and if the individual would likely give consent.

Access and Correction

You have the right to access Your personal information held by Us and to request correction of that information if it is inaccurate, out of date, incomplete, irrelevant, or misleading. We will provide You with access to Your information unless an exception in the Privacy Act 2020 applies. If we refuse access, we will give You written reasons for the refusal. To request access or correction, please contact Us using the details provided in the section titled "CONTACT US" at the end of this Privacy Policy. We will respond to Your request as soon as reasonably practicable and no later than 20 working days after receiving Your request.

Security Safeguards

We will take reasonable steps to ensure that the personal information we hold is protected against loss, unauthorized access, use, modification, or disclosure and other misuse. This includes ensuring that personal information is only accessible to people who need to use it in carrying out their duties.

Retention of Personal Information

We will not keep personal information for longer than is necessary for the purposes for which the information may lawfully be used. When personal information is no longer needed, we will take reasonable steps to destroy or permanently de-identify it.

Privacy Breaches

In the event of a notifiable privacy breach, We will notify the affected individuals and the Office of the Privacy Commissioner as soon as practicable after becoming aware that a notifiable privacy breach has occurred. We will provide information about the breach, its likely consequences, and the steps we are taking to respond to it.

Direct Marketing

We will not use or disclose Your personal information for direct marketing purposes unless You have expressly consented to receive direct marketing communications or it is within Your reasonable expectations that we would use Your personal information for direct marketing. You may opt-out of receiving direct marketing communications from us at any time.

Complaints

If You believe we have breached the NZIPPs or our Privacy Policy, You can lodge a complaint with Us using the contact details provided in the section titled "CONTACT US" at the end of this Privacy Policy. We will investigate and respond to Your complaint within a reasonable time, usually within 20 working days. If You are unsatisfied with our response, You may refer Your complaint to the Office of the Privacy Commissioner.

For more information about the New Zealand Information Privacy Principles and how they apply to Our business, please visit the Privacy Commissioner's website at www.privacy.org.nz.

PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT (PIPEDA) AND CANADIAN CONSUMER PRIVACY PROTECTION ACT(CPPA)

The Company is committed to protecting the privacy of our Canadian users and customers in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), Consumer Privacy Protection Act (CPPA) and other applicable Canadian privacy laws. This privacy notice section for Canadian residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in Canada.

Collection of Personal Information

We collect personal information only for purposes that a reasonable person would consider appropriate in the circumstances. We limit the amount and type of personal information collected to what is necessary for the identified purposes. We will collect personal information by fair and lawful means and will not collect, use, or disclose personal information except for purposes that a reasonable person would consider appropriate in the circumstances.

When collecting personal information, we will make reasonable efforts to ensure You are advised of the purposes for which the information will be used. We will do this at or before the time the information is collected. We will seek consent for the use or disclosure of this information at the time of collection.

Use, Disclosure, and Retention of Personal Information

We use Your personal information for the purposes outlined in our Privacy Policy. We will not use or disclose personal information for purposes other than those for which it was collected, except with Your consent or as required by law. We will retain personal information only as long as necessary for the fulfillment of those purposes.

Cross-Border Transfer of Personal Data

In accordance with PIPEDA and CPPA requirements, we conduct thorough assessments of any cross-border transfers of personal data related to our products. These assessments evaluate:

the purpose of the data transfer
the method of transfer
the legitimacy and necessity of the transfer
the legal basis for the transfer

Our assessment considers factors including, but not limited to:

whether the transfer is necessary for the performance of a contract with the data subject
whether the transfer is necessary for important reasons of public interest
the privacy laws and data protection standards of the recipient country
the organizational and technical measures in place to protect the data during and after transfer

Based on the results of our assessment, we implement appropriate security safeguards for necessary cross-border data transfers. These may include:

contractual clauses requiring the recipient to adhere to specified data protection standards
encryption of data in transit and at rest
anonymization or pseudonymization of personal data where feasible
regular audits of data recipients to ensure compliance with agreed standards

We may disclose Your personal information to overseas recipients located in the United States, Australia, and China. Before transferring personal information outside of Canada, we ensure that:

the transfer is necessary for the performance of a contract between You and Us, or for the implementation of pre-contractual measures taken in response to Your request
the transfer is necessary for the conclusion or performance of a contract concluded in Your interest between Us and a third party
the transfer is necessary or legally required on important public interest grounds, for the establishment, exercise or defense of legal claims, or to protect Your vital interests
we have assessed the circumstances surrounding the data transfer and have determined that there are adequate safeguards in place to protect Your privacy rights

We will inform You about such transfers, the types of data being transferred, and the privacy safeguards in place.

Consent

The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate. In certain circumstances, personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, legal, medical, or security reasons may make it impossible or impractical to seek consent.

You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. We will inform You of the implications of withdrawing consent.

You Rights

Accuracy and Access

We will make reasonable efforts to ensure that personal information is as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used. You have the right to challenge the accuracy and completeness of the information and have it amended as appropriate.

Upon request, we will inform You of the existence, use, and disclosure of Your personal information and will give You access to that information. You may challenge the accuracy and completeness of the information and have it amended as appropriate.
Deletion and Withdrawal of Consent

Subject to CPPA, you have the right to withdraw your consent in whole or in part at any time, as well as to request disposal of your personal information, which means permanently and irreversibly delete your personal information or to anonymize it.

Names or types of third parties

Subject to compliance with applicable laws and regulations, data may be shared and passed on to entrusted parties, such as service product providers, authorized resellers, who are under specific contractual obligations and may only use it for the fulfillment of the aforementioned purposes.

In such cases, the aforementioned businesses or organizations must strictly comply with our privacy and data protection requirements and may not use the personal data received from us for any other purpose.

Safeguards

We protect personal information by security safeguards appropriate to the sensitivity of the information. These safeguards include physical measures (e.g., locked filing cabinets and restricted access to offices), organizational measures (e.g., security clearances and limiting access on a "need-to-know" basis), and technological measures (e.g., the use of passwords and encryption).

Openness and Individual Access

We make readily available to You specific information about our policies and practices relating to the management of personal information. Upon request, we will inform You of the existence, use, and disclosure of Your personal information and will give You access to that information. You may challenge the accuracy and completeness of the information and have it amended as appropriate.

Challenging Compliance

You have the right to address a challenge concerning compliance with the above principles to our designated individual or individuals accountable for our compliance with PIPEDA.

Changes to Personal Information Handling Practices

We will notify You of any changes to our personal information handling practices. This may include:

Changes to the types of personal information we collect
New or changed purposes for collecting, using, or sharing personal information
1. Changes to our disclosure practices, including new categories of third parties receiving personal information

Notifications will be provided through:

Updates to this Privacy Policy
Email notifications to registered users
Prominent notices on our website and mobile applications

We encourage You to review this Privacy Policy regularly to stay informed about our data practices.

Complaints

If You believe we have not handled Your personal information in accordance with PIPEDA or our Privacy Policy, You can lodge a complaint with Us using the contact details provided in the section titled "CONTACT US" at the end of this Privacy Policy. We will investigate and respond to Your complaint within a reasonable time.

If You are unsatisfied with our response, You may contact the Office of the Privacy Commissioner of Canada (OPC) or your provincial privacy commissioner's office.

For more information about PIPEDA and how it applies to Our business, please visit the Office of the Privacy Commissioner of Canada's website at www.priv.gc.ca.

CHILDREN'S PRIVACY

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

LINKS TO OTHER WEBSITES

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

REGULAR REVIEW AND CHANGES TO THIS PRIVACY POLICY

We are committed to keeping our privacy practices up-to-date. As such, we conduct a comprehensive risk assessment of our personal information processing activities and review this Privacy Policy at least every 12 months, and update its contents as necessary to reflect any changes in our data processing practices or applicable laws and regulations. Our assessment covers all stages of data processing, including collection, storage, use, sharing, and destruction for risk identification, risk analysis, risk evaluation and development of risk control measures.

The results of these assessments inform our data protection practices and may lead to updates in this Privacy Policy. In addition, we may update Our Privacy Policy from time to time. Any significant changes resulting from these assessments will be communicated to you by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

DATA PROTECTION OFFICE

We have established a Data Protection Office ("DPO") consisting of designated individuals from our Legal, Compliance and Information Security teams who are collectively responsible for overseeing our compliance with applicable data protection laws and regulations. Our Data Protection Office can be contacted regarding any questions about our privacy practices, your privacy rights, or this Privacy Policy at:

Email: [email protected]

Phone: 888-837-2655

The Data Protection Office's responsibilities include:

Monitoring compliance with applicable data protection laws;
Advising on data protection obligations and conducting privacy impact assessments;
Acting as a point of contact for data subjects and supervisory authorities;
Providing guidance on privacy and data protection matters within the organization;
Coordinating responses to privacy-related inquiries and requests;
Overseeing privacy training and awareness programs.

Our Data Protection Office works collaboratively across departments to ensure the proper handling and protection of personal data throughout our organization.