SMART MIMIC, INC.

 

PRIVACY POLICY

Last Revised: March 19, 2019

 

Smart Mimic, Inc. (“Smart Mimic”, “Company”, “us”, “we”, and “our”) has developed and designed a security and tracking device (the “Mimic Device”) in order to protect and secure your personal belongings from theft. Our website, www.smartmimic.com, enables consumers (“User”, “you”, or “your”) to purchase the Mimic Device and track and protect your belongings once attached to the Device.

 

Smart Mimic is committed to protecting the privacy of its Users whose information is collected and stored using the Device, our Website, iOS and Android Apps (each an “Application” and collectively the “Applications”). In addition to access to our Website and the mobile Applications, we sell a monitoring device (the “Device”) and provide a range of related services (collectively “Services”). Capitalized terms, not defined herein, shall have the same meaning as ascribed to them under the Terms of Service. If you have any questions regarding our Privacy Policy, please e-mail us at privacy@smartmimic.com.

 

THIS PRIVACY POLICY (“PRIVACY POLICY”) IS DESIGNED TO DESCRIBE OUR PRACTICES REGARDING INFORMATION, INCLUDING, BUT NOT LIMITED TO PERSONAL INFORMATION, COLLECTED FROM USERS VIA OUR WEBSITE, APPLICATIONS, AND/OR OUR SERVICES.

IF YOU BUY THE DEVICE OR USE OUR SERVICES, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND THOSE IN THE TERMS OF USE AND THE TERMS OF SERVICE. IF YOU DO NOT WANT TO BE BOUND BY THESE THE TERMS AND CONDITIONS IN THIS PRIVACY POLICY AND IN THE TERMS OF SERVICE AND THE TERMS OF USE, DO NOT REGISTER FOR THE SERVICES OR BUY THE DEVICE.

SMART MIMIC DOES NOT KNOWINGLY SOLICIT OR COLLECT PERSONAL DATA FROM CHILDREN BELOW THE AGE OF 13. IF WE DISCOVER THAT WE HAVE UNINTENTIONALLY COLLECTED PERSONAL DATA FROM A CHILD BELOW 13, WE WILL REMOVE THAT CHILD’S PERSONAL DATA FROM OUR RECORDS PROMPTLY. HOWEVER, WE MAY COLLECT PERSONAL DATA ABOUT CHILDREN BELOW THE AGE OF 13 YEARS OF AGE FROM THE PARENT OR GUARDIAN DIRECTLY, AND WITH PRIOR CLEAR, WRITTEN PARENTAL OR GUARDIAN CONSENT.

 

  1. INFORMATION FROM USERS

We collect the following information from our Users:

  • Information You Provide to Us

We may collect personal information from you, such as your first and last name, e-mail, username, and password when you create an account (i.e., “register”) to log in to our Services (“Account”). If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.  If you sign up for our newsletter, we will collect your e-mail address.

 

If you participate in any survey about our Website, Application, and/or Services, we will collect all information provided in your answers. If you participate in a sweepstakes, contest, or other promotion on our Services, we may ask you for your e-mail address and/or phone number (to notify you if you win or not).  We may also ask for first and last name and sometimes postal address to verify your identity. 

 

  • Information You Provide to Facebook, Google, and other Social Networking Sites

The Services allow users to create an Account using their accounts with certain social networking sites (each, an “SNS”) supported by us. If you are not currently registered as a user of the Services, and you click on “Sign in” using Facebook, Google, or another SNS that we support, you will first be asked to enter your Facebook, Google, or SNS credentials and then be given the option to register for the Services.  In this case, we may receive information from Facebook, Google, or another SNS to make it easier for you to create an Account on the Site and show our relevant content from your Facebook, Google, or SNS friends.  Any information that we collect from your Facebook, Google, or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices.  Further, you can edit privacy settings for the reviews that appear on Facebook or disconnect your Services activity stream by visiting the Facebook Applications Settings page.

  • Information Collected via Technology
  1. Log Files. As is true of most websites and mobile applications, we gather certain information automatically and store it in log files.  This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data.  We use this information to analyze trends, administer the Services, track users’ movements around the Website and Applications, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs.   Except as noted in this Privacy Policy, we do not link this automatically-collected data to personal information.

 

  1. Mobile Services. We may also collect non-personal information from your mobile if you have downloaded any of our Applications.  This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Application, and information about the type of device you use.   In addition, in the event our Application crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application. 

 

  1. Cookies. Like many online services, we use cookies to collect information.  Cookies are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Services.  This type of information is collected to make the Services more useful to you and to tailor the experience with us to meet your special interests and needs. 

 

  1. Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies that are used to track online movements of Web and App users.  In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web and App pages and e-mails.  Pixel Tags also allow us to send e-mail messages in a format user can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users.  We may use this information to reduce or eliminate messages sent to a user. 

 

(d)       Information Collected from You About Others

As part of your use of the Services, we provide you the opportunity to automatically invite your family and friends to use the Services. We employ various techniques in order to facilitate friends and family finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (including Facebook Friends and contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the Services.  With your permission, we will access your address book and import your contacts’ names, e-mail addresses, phone numbers, image, geographic location, and Facebook IDs to facilitate automatic connection with your friends.  When you invite friends to the Services, we will access your Address Book and we will import your contacts names and phone numbers in order to facilitate the invitation. We may also use the information we collect from your Address Book to market our Services to your contacts. The e-mail that is sent to your friends will come from your e-mail address so that your friends know that you want to invite them to visit the Site.  We do not store any passwords you provide as part of the contact import process.  We also collect some settings that help us to interpret your data, such as the language and keyboard settings that you have established, and the phone’s carrier, mobile network code, and mobile country code.

  1.             USE INFORMATION COLLECTED FROM USERS
  • General Use

In general, personal information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your personal information in the following ways: 

  • facilitate the creation of and secure your Account on our network;
  • identify you as a User in our system;
  • provide improved administration of our Services;
  • provide the Services you request;
  • improve the quality of experience when you interact with our Website, Application, and Services;
  • provide you with details regarding your property as connected to the Device and other related information;
  • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
  • send you administrative e-mail notifications, such as security or support and maintenance advisories;
  • send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Company.
    • Mimic Device Information

We use Mimic Device Information to provide User(s) of the corresponding Paired Application with data related to the Device’s analytics to help Users interpret the raw data, alerts on potential issues with recommendations, proximity alerts to notify Users of the location the Device, security alerts, and to otherwise provide you with the Services you request. We may also use Device Information to improve our Services.

  • Creation of Anonymous Data

We may create anonymous data records from personal information by excluding information that makes the data personally identifiable to you.  We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our Services and improve Application navigation.  We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties in our sole discretion.

  1. TERRITORIAL RESTRICTION

Our Website, Applications, and Services are available for sale and use in the United States (“US”), and elsewhere in the world. If you reside in or are a visitor in the European Union (“EU”) or the European Economic Community (“EEC” and, with the EU, collectively “Europe”), the EU’s General Protection Data Regulation (“GDPR”) will apply to your transactions with us. We intend to fully comply with the letter and spirit of the GDPR. Please see our Privacy Policy for our complete commitments to the GDPR and the privacy of your Personal Data, as defined in the GDPR, in connection with your transactions with you under these

Please be aware that information that you provide to Smart Mimic while registering/accessing/using our Website, Application, and Services may be transferred to or processed in the US and are subject to applicable US laws. The privacy and data protection laws in the US may not be equivalent to the laws in your country of residence. If you are not comfortable with application of US laws to your information that you provide, do not register/access or use our Website, Applications, and Services.  

By using the Website, Applications, and/or the Services, or by providing Smart Mimic with your information (as detailed under this Privacy Policy), you consent to this collection, transfer, storage, and processing of your information in the US.

If you have any questions regarding this section, please e-mail us at privacy@smartmimic.com.

  1. COPPA COMPLIANCE

The Children’s Online Privacy Protection Act (“COPPA”) is federal legislation that applies to entities that collect and store personal information from children under the age of 13. Smart Mimic is committed to ensure compliance with COPPA.

The Smart Mimic Website, Applications, and Services are used and accessed by consumers who may be parents or guardians. All information about children provided to Smart Mimic is provided directly by parents/guardians.

If you would like to more about our practices in relation to COPPA compliance, please e-mail us at privacy@smartmimic.com.

  1. CONTACTING SMART MIMIC

If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address and/or e-mail address:

 

Smart Mimic, Inc.

Address: 2225 E. Bayshore Rd., Palo Alto, CA 94303

E-mail: privacy@smartmimic.com

 

  1. DISCLOSURE OF YOUR PERSONAL INFORMATION

We disclose your personal information as described below and as described elsewhere in this Privacy Policy. 

  • Mimic Device Information. In general, we will only share Device Information with the User of the corresponding Paired Application. As the User of a Paired Application, you may choose to share the information we collect from the Device that has been paired to your Paired Application with other Users of the Services designated by you.
  • Third Party Service Providers. We may share your personal information with third party service providers to: (i) provide you with the Services that we offer you; (ii) fulfill your order or subscription for any products, services or other goods; (iii) conduct quality assurance testing; (iv) facilitate creation of accounts; to provide technical support; and/or (v) provide other services within the Company. You can request a detailed list of third party service providers that collects or maintains your personal information through our Website and Services by e-mailing us at privacy@smartmimic.com.
  • Affiliates. We may share some or all of your personal information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.
  • Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or any portion of our business or assets.  In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business, or any of our assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.
  • Other Disclosures. Regardless of any choices you make regarding your personal information (as described below), Company may disclose personal information if it believes in good faith that such disclosure is necessary (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (iii) to protect or defend the rights or property of Company or users of the Applications or Services; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.
  1. YOUR CHOICES REGARDING YOUR INFORMATION

You have several choices regarding use of information through our Website, Application, and/or Services:

  • E-mail Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Services.  When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service-related communications, including notices of any updates to our Terms of Use or Privacy Policy.
  • Changing or Deleting Your Personal Information. You may change any of your personal information in your Account by editing your settings within your Account or by sending an e-mail to us at privacy@smartmimic.com. You may request deletion of your personal information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information to comply with applicable laws and not delete it, or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements.  When we delete any information, it will be deleted from the active database, but may remain in our archives or backups.  We may also retain your information for fraud prevention or similar purposes.
  • You can stop all collection of information by an Application by uninstalling the Application.  You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
  • Do Not Track Signals. Some web browsers may transmit “do not track” signals to the websites and other online services with which your web browser communicates.  There is no standard that governs what, if anything, websites should do when they receive these signals.  We currently do not take action in response to these signals.  If and when a standard is established, we may revise our policy on responding to these signals.
  • Social Networking Services (“SNS”). If you decide at any time that you no longer wish to have your SNS account linked to your Account, then you may de-link the SNS account in the “preferences” section in your account settings. You may also manage the sharing of certain personal information with us when you connect with us through an SNS. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account.
  1. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your personal information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Website and within our Application.  Any changes to this Privacy Policy will be effective upon the earlier of fifteen (15) calendar days following our notice by comparable means. These changes will be effective immediately for new Users of our Services.  Please note that at all times you are responsible for updating your personal information to provide us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us.  Continued use of our Website, Application, or Services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

  1. DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website and/or Application, you are responsible for keeping this password confidential. We ask you not to share your password with any unauthorized entity. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your and your child’s personal information, we cannot guarantee the security of your personal information transmitted to our Website and/or Application. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website and/or Application. Notwithstanding anything to the contrary herein, our storage of your personal information is not an electronic health record and we do not comply with the Health Insurance Portability and Accountability Act of 1996, as amended from time to time (“HIPAA”). Please do not provide us with any protected health information (“PHI”), as defined in HIPAA.

  1. YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section § 1798.83 permits users of our Website, Application, and/or 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 a request, please send an e-mail to privacy@smartmimic.com or write us at 2225 E. Bayshore Rd., Palo Alto, CA 94303.

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY AND E-MAIL US AT PRIVACY@SMARTMIMIC.COM IN CASE OF ANY QUESTIONS AND QUERIES.

IF YOU REGISTER FOR OR ACCESS OUR WEBSITE OR APPLICATIONS OR BUY THE DEVICE OR OTHER PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OUR TERMS OF USE AND TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY DO NOT REGISTER, ACCESS, OR USE OUR APPLICATIONS, SERVICES, OR BUY OUR PRODUCTS.

If you have any questions, concerns, or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address and/or e-mail address: Smart Mimic, Inc., Address: 2225 E. Bayshore Rd., Palo Alto, CA 94303. E-mail: PRIVACY@smartmimic.com.