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Privacy Policy

PRIVACY POLICY

GOGO Band, Inc.

Last updated: February 22, 2019

 

INTRODUCTION

GOGO Band, Inc. (“GOGO Band”, “we” or “us”) provides a system that non-invasively measures human biological information and uses continuous night time body monitoring that aids individuals to cope with their night time enuretic symptoms.  We are committed to protecting your privacy.  This privacy policy (the “Privacy Policy”) describes how we collect, use, share, and store your Personal Information.  Your “Personal Information” includes the information and data that we acquire when you purchase, access and use the GOGO Band System, which includes the hardware, software, and applications  (the “System”) and the GOGO Band Website (the “Website”).  In this Privacy Policy, we refer to the GOGO Band System and Website as the “Service or Services”.

This Privacy Policy, together with our Terms and Conditions and any other terms specifically referred to in any of those documents, constitute a legally binding agreement between you and GOGO Band.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree to this Privacy Policy, do not access or use the Services.  By your use of the Services, you consent to our use and disclosure of your Personal Information in accordance with this Privacy Policy, except for any uses of your Personal Information that requires your consent, as described below.

PERMITTED USERS

Activation and individual use of the GOGO Band Services is only permitted for adult residents of the United States aged eighteen or older and for children under the age of eighteen, a parent or legal guardian must activate the GOGO Band Services for those children and create a Children’s Account for those children to use the GOGO Band Services.

WHAT INFORMATION WE COLLECT AND WHEN

GOGO Band may collect certain information when you visit and use our Website regardless of whether you have an account with GOGO Band.  This information may include log data that automatically records information about your visit, such as your browser type, operating system, the URL of the page that referred you, the different actions you performed, and the IP address you used to access pages on the Website.  We may use this type of information to provide you with a better Website experience, to prevent Website misuse, and to ensure the Website is working properly.  We also collect data from cookies.  To learn more about our use of cookies, please see Cookies and Similar Technology.

Creating a GOGO Band account allows you to use our Services.  When you purchase The GOGO Band System and create a GOGO Band account, we ask for some personal information that is necessary to identify you or your eligible child in order to use the GOGO Band Services.  This information may include name, email address, location of residence, date of birth, gender, height, weight, specifics about the severity of the enuretic condition, and other basic information.

Using our System requires an account to access the System. Through the GOGO Band System, you access GOGO Band Services and features offered by GOGO Band.  When registered with the GOGO Band Services, data recorded by the System about your activity is transferred from the System to our servers.  This data is stored and used to provide the GOGO Band Services and is associated with your account.  Each time you use the system, we collect and log the information pertaining to the operation and health of the GOGO Band system, your human biological information, and information about the actual communication of the data.  We retain your data for our internal purposes for as long as your account is active, and on an anonymized basis after your account is no longer active.

The GOGO Band Services includes features that require the collection of specific location data, including: GPS signals, Bluetooth devices, device sensors, Wi-Fi access points, and cell tower IDs.  We store this information in your GOGO Band account.

When you contact GOGO Band for customer support or other reasons, we collect your name and email address along with additional information you provide in your request so that we can provide you with assistance and improve the GOGO Band Services.

GOGO Band may also use Personal Information for internal statistical, marketing or operational purposes, including generating sales reports and measuring and understanding demographics, user interests, purchasing and other trends among our customers.

HOW WE USE YOUR PERSONAL INFORMATION

We use your Personal Information to offer you our Services.  The data collected is used by our Services and results in providing you with a predictive warning of an impending enuretic event.  Data may be indicated as raw data (weight, height, gender, enuretic severity, etc.), or during processing (heart rate, movement, sleep patterns, etc.).

We may use certain data to improve our products and services and ensure the availability of our Services.  For example, we may use data and logs to research and improve GOGO Band Services, to troubleshoot the GOGO Band Services, and to detect and prevent fraud or other criminal activity.

We may use certain data in order to communicate with you.

We may produce and publish statistics and analyses using collected data.  They would first be anonymized and/or de-identified to assure that your privacy is protected.  Data anonymized and/or aggregated in this way is used to better understand how the GOGO Band Services are used and to improve the effectiveness of the GOGO Band Services.

We take part in scientific studies.  We sometimes generate studies, analyses and general statistical studies for the public or for companies.  For example, we may use de-identified lifestyle data to provide information on the effects of specific lifestyle behaviors on health.

ENTITIES WITH WHICH WE MAY SHARE PERSONAL INFORMATION

GOGO Band is a United States business.  GOGO Band is not available to residents of the European Union.  Although we may share your Personal Information with other entities, we will not store your Personal Information outside of the United States.  All of the servers we use to store your Personal Information are located in the United States.  Note that the European Union has different data protection laws than the United States, and you should be aware in particular that the law and practice in the United States in respect of law enforcement authority access to data is significantly different from Europe, affording substantially fewer privacy protections to individuals and in particular to individuals who are not United States citizens.

By agreeing to this Privacy Policy, you freely consent to transfers of your data in accordance with this Privacy Policy.  You may withdraw your consent at any time by contacting customer support.  We will, however, be unable to provide Services to you if you have withdrawn your consent.

We use third party service providers to help us better understand the usage of GOGO Band Services, and for related purposes.  The third parties we currently use to provide such analytics and related services are described below under Cookies and Similar Technology.

We may disclose Personal Information about you to others if we have your consent to do so in such form of consent as may be required under applicable law.

Subject to applicable laws in your jurisdiction, we may also disclose Personal Information about you to others as we believe to be necessary or appropriate: (a) under applicable law or regulation, including laws or regulations outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public authorities and law enforcement officials, including officials outside your country of residence; (d) to assist or support theft investigations involving GOGO Band products or property, (e) to enforce any of our terms and conditions or policies; (f) to protect our operations or those of any of our affiliates and subsidiaries; (g) to protect the rights, privacy, safety or property of GOGO Band, its affiliates and subsidiaries, you or others; or (h) to permit us to pursue available remedies or limit the damages that we may sustain.

We may also transfer Personal Information to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of GOGO Band’s business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding.

RETENTION OF PERSONAL INFORMATION

We retain your Personal Information as outlined in this Privacy Policy.

HOW WE PROTECT YOUR PERSONAL INFORMATION

GOGO Band takes reasonable security measures to help protect against loss, misuse, unauthorized access and unauthorized disclosure or alteration of the Personal Information under its control.  GOGO Band uses the Internet and third party Cloud-based technologies such as Google Cloud and Amazon Web Services to provide the Services, and the transmission and storage of information via the internet and the “Cloud” is not completely secure.  We therefore cannot guarantee the security of your personal information transmitted to our Services.  We do not warrant or represent that Personal Information about you will be protected against loss, misuse, or alteration by third parties.

HOW TO DEACTIVATE YOUR ACCOUNT

You can deactivate your GOGO Band account by contacting customer support.  GOGO Band may continue to use your de-identified/anonymized data after you deactivate your account.

UPDATING AND ACCESSING YOUR PERSONAL INFORMATION

Although GOGO Band works to ensure that the Personal Information we collect from you is accurate, complete and current, errors can occur and in addition many aspects of your Personal Information can change without GOGO Band’s being aware of it.  To keep your information up-to-date and accurate, GOGO Band encourages you to access your Personal Information on a regular basis and we request that your Personal Information be updated to maintain its accuracy.  You may also request that your Personal Information account be deleted.  GOGO Band will respond promptly to your requests in accordance with applicable law.  For your protection, we may need to verify your identity before implementing your request.  We may decline to process requests that jeopardize the privacy of others, that cannot be reasonably implemented, or would cause us to take any action that is not permissible under applicable laws.  Additionally, as permitted by applicable laws, we may need to retain certain Personal Information for a longer period of time for recordkeeping purposes, such as retaining records relating to your purchases for warranty or accounting purposes.

Access, correction or deletion requests can be made by contacting customer support.

COOKIES AND SIMILAR TECHNOLOGY

We use cookies and other technologies like Web storage and identifiers associated with your device to improve the functionality of the GOGO Band Services.  This helps us provide you with a good user experience and improve our Services.

A cookie is a small piece of information, sent by a web server to a web browser, that is stored on your computer so that it can later be read, allowing the server to uniquely identify the browser.  Our main purpose in using cookies is to facilitate and enhance communications and interactions between you and the Website, but cookies can be used for other purposes.  Cookies for the Website may collect a unique identifier, user configuration settings and profile information.  GOGO Band also uses cookies to collect general usage and volume statistical information that does not include personally identifiable information.  Some cookies may remain on a user’s computer after the user leaves the Website.  Most browsers provide you with information on and control over cookies, including a feature to opt-out of the use of cookies.  You can set your browser to alert you when a cookie is being used and accept or reject it.  You can also set your browser to refuse all cookies or accept only cookies returned to the originating servers.  However, you may not be able to use some features of the Website if you disable cookies.

We may also collect data from users about their usage of our Services.  The types of analytical information that are collected may include page views, log errors and crash data.  GOGO Band may use this data to improve the quality and functionality of the GOGO Band Services; to develop and market products and features that best serve you and other users; and to help identify and fix app stability issues and other usability problems as quickly as possible.

By continuing to browse the Website, you consent to our use of cookies and similar technology.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  To make such an inquiry, please contact customer support.

PRIVACY POLICY FOR CHILDREN’S ACCOUNTS

We appreciate the importance of taking additional measures to protect children’s privacy.  GOGO Band allows parents to set up accounts for their children to use with the GOGO Band System (“Children’s Account”).  Children’s Accounts are subject to a separate Privacy Policy which explains what information we collect to set up these accounts, what information we collect from a child’s use of our Services, and how we use and share that information.  Parents or guardians must consent to the use of their child’s data in accordance with the Privacy Policy for Children’s Accounts in order to create such an account.

LINKS, THIRD PARTY APPLICATIONS, AND THIRD PARTY PRIVACY PRACTICES

The GOGO Band Services may contain links to other sites that are not operated by GOGO Band.  These linked sites and applications are not under our control, and we are not responsible for the privacy practices or the content of any linked sites and applications.  If you use any third-party sites or applications, any Personal Information collected by the third party’s site or application will be controlled by the privacy policy of that third party.  We recommend that you carefully review the privacy statements of any third parties to which you provide Personal Information.

TELEPHONE CONSUMER PROTECTION ACT

GOGO Band may use your information to make business, informational and collections calls relating to the Services to all telephone numbers, including cellular numbers or mobile devices, you choose to provide on your account or in registering for any of the Services.  You agree such calls may be pre-recorded messages or placed with an automatic telephone dialing system.  In addition, you agree that GOGO Band may send non-marketing service or account related text messages to cellular phone numbers you provide to GOGO Band, and you agree to accept and pay all carrier message and data rates that apply to such text messages.  If you choose to provide an email or other electronic address on your account, you acknowledge and consent to receive business and informational messages relating to the Service at such address, including collections messages, and you represent and warrant that such address is your private address and is not accessible or viewable by any other person.

UPDATES

We may, in our sole discretion, update this Privacy Policy from time to time. If we make material changes to how we treat our users’ Personal Information, we will notify you by email and/or through a notice on the Website home page.  The date the Privacy Policy was last revised is identified at the top of the page.  Please review this Privacy Policy regularly to ensure that you are aware of any changes.  Your continued use of our Services following any changes to this Privacy Policy constitutes your acceptance of any such changes made.

CONTACT

If you have questions, comments, or concerns about this Privacy Policy and our information practices, please contact [email protected]

Copyright 2019 © GOGO Band, Inc.  All Rights Reserved.

EXHIBIT A

GOGO Band Privacy Policy for Children’s Accounts

GOGO Band allows parents to set up accounts for their children to use with GOGO Band Services (“Children’s Account”).  This Privacy Policy for Children’s Accounts explains what information we collect to set up these accounts, what information we collect from your child’s use of our Services, and how we use and share that information.  This policy applies only to Children’s Accounts set up specifically for children under 18 or any higher minimum age in your jurisdiction for use with qualifying devices. You can find additional information about how GOGO Band collects, uses, and shares information in the GOGO Band Privacy Policy.

INFORMATION WE COLLECT

INFORMATION YOU PROVIDE US

When you create an account for your child, we’ll ask for personal information about them, like their name, date of birth, gender, height, and weight, and other biological information.  You may choose whether or not to share certain additional information with us, but doing will limit your ability to activate and use the Services.

INFORMATION WE COLLECT FROM YOUR CHILD’S USE OF OUR SERVICES

Your child’s GOGO Band device collects data to track their biological activity during the night.  When their System gathers the information, data on their device is transferred to our servers.  GOGO Band does not collect location tracking data of your child.

When you or your child accesses his or her account through the GOGO Band System, we may automatically collect and store information about account connectivity such as IP addresses, browser type, language, operating system, and app and mobile device information (including cookie and application identifiers).

HOW WE USE THE INFORMATION WE COLLECT

We use the information in the following ways: to provide, personalize, and improve our services, authenticate users’ identities, to track activity and enuresis symptoms, and to provide customer support.  We also use the data we collect for internal purposes such as troubleshooting, protecting against errors, data analysis and testing, to develop new features and services, and to promote the safety and security of GOGO Band.

HOW YOUR CHILD’S INFORMATION IS SHARED

FOR EXTERNAL PROCESSING

We provide Personal Information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and subject to other appropriate confidentiality and security measures.

OWNERSHIP CHANGES

If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of Personal Information and give you notice before transferring any Personal Information to a new entity.

FOR LEGAL REASONS

We may disclose information to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

HOW TO ACCESS AND DELETE YOUR CHILD’S PERSONAL INFORMATION

As a parent, you have control of any Children’s Account that you have activated.  Once you have signed in to your GOGO Band account and verified your email address, you can create this account for your child.  You can view your child’s complete account at any time.

If at any time you wish to stop further collection or use of your child’s information, you can delete your child’s account by either (1) contacting customer support, or (2) deleting your child from the account and confirming your intent to delete the account in the email we send you.

HOW TO CONTACT US

If you have questions, suggestions, or concerns about this policy, or about our use of your child’s information, please contact us at [email protected] or at our mailing address below.