Last Revised: May [•], 2022
1. Information We Collect and Receive.
You authorize us to collect and receive the following information (collectively, “Information”) while providing the Services.
- Personal Information. When you sign up to become a user or contact us, you will be required to provide us with certain personal information about yourself and others, such as names, e-mail addresses, physical addresses and phone numbers (“Personal Information”). We do not collect or receive any Personal Information from you when you use any of the Services unless you provide it to us voluntarily.
- Geolocational Information. We may automatically collect geolocational information from your device, wireless carrier or certain third-party service providers (“Geolocational Information”). You may decline, through our website, the LogicMark Apps or otherwise by contacting us in writing as set forth herein, to allow us to collect such Geolocational Information, in which case we may not be able to provide certain features or functionalities to you.
- Other Information. In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the Services, your interactions with us and information regarding your computer or mobile devices used to access the Services (collectively, the “Other Information”), which may include, without limitation: (i) additional information about yourself that you voluntarily provide to us, such as your gender and your product and service preferences; (ii) information regarding your activity, such as IP address, date and time, browser type, search queries and other performance and usage data; and (iii) information regarding your device, operating system and version, carrier and network type.
3. Information Collected by or Through Third Parties.
4. How Information May Be Used and Shared.
- We may use the Information to: (i) provide and improve the Services; (ii) provide our services, including without limitation, to process a request or to communicate with you via email, text message, push notification and/or telephone call; (iii) handle billing and account management; (iv) administer promotional programs; (v) solicit your feedback; and (vi) inform you about our products and services.
- We may engage third parties to perform functions on our behalf, including, without limitation, technical assistance, customer service, marketing assistance and administration of promotional programs. These third parties will have access to the Information only as necessary to perform their functions and to the extent permitted by applicable law.
- In an ongoing effort to better understand our users and the Services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the Services to current and prospective business partners and investors and to other third parties for other lawful purposes.
- We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets without notice to you.
- To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others.
- We may share Information for any other purposes disclosed to you with your consent.
5. Accessing and Modifying Information.
We shall not use or share your Information for purposes other than those for which it was collected, except with your consent or as required by law. Your Information shall be retained only as long as necessary for the fulfilment of those purposes or as otherwise required by applicable law. The Information that is no longer required to fulfill the identified purposes will be destroyed, erased, or made anonymous.
If you have provided us with any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner, within ten (10) business days after such request has been sent. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the Services (e.g., requests for support). We may also deliver notifications to your mobile device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device.
6. How We Protect Your Information.
We protect your Information by safeguards appropriate to the sensitivity of the Information. We take reasonable steps to protect personal information provided via the Services from loss, theft, misuse and unauthorized access or disclosure, however, no internet or email transmission is ever fully secure or error-free. Due to the nature of the internet, there is a possibility that unsecured email or internet transmissions may be intercepted and read by third parties. We assume no responsibility for interception of Information that you send in any unsecured email message or other internet transmission to or from the Services. Therefore, you should take special care in deciding what information you send to us via the Services, email or other internet transmission. YOU ACKNOWLEDGE AND AGREE THAT DESPITE OUR EFFORTS, THERE MAY BE TIMES OR SITUATIONS WHEN YOUR INFORMATION IS INADVERTENTLY DISCLOSED BY US OR BY A THIRD PARTY TO WHOM WE HAVE DISCLOSED YOUR INFORMATION. YOU HEREBY ACCEPT THAT RISK AND WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES AND LIABILITY AGAINST US IN THE EVENT OF SUCH INADVERTENT OR NEGLIGENT DISCLOSURE OF INFORMATION.
7. California Privacy Notice.
This section provides additional details about the Personal Information we collect about California residents and the rights afforded to them under the California Consumer Privacy Act (“CCPA”).
Subject to certain limitations and exceptions, the CCPA provides California residents the right to
request more details about the categories and specific elements of Personal Information we collect, to delete their Personal Information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights. We extend these rights to all of our U.S.-based users. We do not sell Personal Information about you to third parties.
In the last 12 months, we collected the following categories of Information subject to the CCPA: identifiers (such as email address and IP address), approximate geolocation information, and Internet or other electronic network activity information (such as browsing history and related usage data). For more details about the Information we collect and the categories of sources of this Information, please see the “Information We Collect and Receive” section above. We may share this Information with the categories of third parties described in the “How Information May Be Used and Shared” section above.
8. Notice to Canada Residents
This section provides additional details about the Personal Information we collect about Canada residents and the rights afforded to them under the Personal Information Protection and Electronic Documents Act (“PIPEDA”).
You also have the right to refer any complaint relating to the way in which we collect and process your Information to the applicable governmental authorities.
9. Important Notices to Non-U.S. Residents.
The Services and their servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
10. App Stores; External Websites.
The Services are not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors not use the Services. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.
13. Contact Us.