We believe that transparency is the key to any healthy relationship. At Owaves, we’re all about health. We appreciate that you are trusting us with information that is important to you, and we want to be transparent about how we use it.
Here we describe the privacy practices for our applications, software, websites, APIs, products, and services (the “Services”). You will learn about the data we collect, how we use it, the controls we give you over your information, and the measures we take to keep it safe.
INFORMATION WE COLLECT
When you use our Services, we collect the following types of information:
INFORMATION YOU PROVIDE US
Some information is required to create an account on our Services, such as your name, email address, password and in some cases your mobile telephone number. This is the only information you have to provide to create an account with us. You may also choose to provide other types of information, such as a profile photo, date of birth, gender, biography, country information, and community username.
To help improve your experience or enable certain features of the Services, you may choose to provide us with additional information, like your logs for food, weight, sleep, water, or female health tracking; an alarm; and messages on discussion boards or to your friends on the Services.
You may also connect with friends on the Services or invite friends who have not yet joined by providing their email addresses, accessing social networking accounts, or using the contact list on your mobile device.
If you contact us or participate in a survey, contest, or promotion, we collect the information you submit such as your name, contact information, and message.
INFORMATION WE RECEIVE FROM YOUR USE OF OUR SERVICES
The Services include features that use geolocation data, including to provide accurate sunrise and sunset times. We collect this type of data if you grant us access to your location. You can always remove our access using your mobile device settings.
INFORMATION WE RECEIVE FROM THIRD PARTIES
If you choose to connect your account on our Services to your account on another service, we may receive information from the other service. For example, if you connect to Facebook, we may receive information like your name, profile picture, age range, language, and email address. You may also choose to grant us access to your exercise or activity data from another service, like Apple Health. You can stop sharing the information from the other service with us by removing our access to that other service.
HOW WE USE INFORMATION
We use the information we collect for the following purposes:
PROVIDE AND MAINTAIN THE SERVICES
Using the information we collect, we are able to deliver the Services to you and honor our Terms of Service contract with you. For example, we need to use your information to provide you with your Owaves Vitals tracking your exercise, activity, and other trends; to enable the community features of the Services; and to give you customer support. For the Services’ community features, we may use your information to help you find and connect with other users and to allow other users to find and connect with you. For example, your account contact information allows other users to add you as a friend. When another user has your email or mobile phone number in their contact list or in their friend network on a connected service, we show that user that you are a user of the Services.
IMPROVE, PERSONALIZE, AND DEVELOP THE SERVICES
We use the information we collect to improve and personalize the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services.
When you allow us to collect location information, we use that information to provide updated sunrise and sunset times.
COMMUNICATE WITH YOU
We use your information when needed to send you Service notifications and respond to you when you contact us. We also use your information to promote new features or products that we think you would be interested in. You can control marketing communications and most Service notifications by using your notification preferences in account settings or via the “Unsubscribe” link in an email.
PROMOTE SAFETY AND SECURITY
We use the information we collect to promote the safety and security of the Services, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.
HOW INFORMATION IS SHARED
We never sell the personal information of our users. We do not share your personal information except in the limited circumstances described below.
WHEN YOU AGREE OR DIRECT US TO SHARE
You may direct us to disclose your information to others, such as when you use our community features and other social tools. For certain information, we provide you with privacy preferences in account settings and other tools to control how your information is visible to other users of the Services. Just remember that if you choose to participate in a challenge, information like your profile photo, posted messages, total steps in the challenge, personal statistics, and achievements, is not governed by your privacy preferences and will be visible to all other challenge participants.
FOR EXTERNAL PROCESSING
We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology, payments, sales, marketing, data analysis, research, and surveys.
FOR LEGAL REASONS TO PREVENT HARM
We may preserve or disclose information about you 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.
Please note: Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.
We may share non-personal information that is aggregated or
de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about exercise and activity, to partners under agreement with us, or as part of the community benchmarking information we provide to users of our subscription services.
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 affected users notice before transferring any personal information to a new entity.
YOUR RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL DATA
We give you the ability and tools to access and control your personal data, as described below, regardless of where you live. If you live in certain jurisdictions, you may have legal rights with respect to your information, which we allow you to exercise, as outlined below.
Accessing and Exporting Data. By logging into your account, you can access much of your personal information, including your dashboard with your daily exercise and activity statistics. You can also download information in a commonly used file format, including data about your activities, body, foods, and sleep, by contacting us with a request.
Editing and Deleting Data. By logging into your account and using your account settings and profile edit tools, you can change and delete your personal information. For instance, you can edit or delete the profile data you provide and delete your account if you wish.
If you choose to delete your account, please note that while most of your information will be deleted within 30 days, it may take up to 90 days to delete all of your information, like the data stored in our backup systems. This is due to the size and complexity of the systems we use to store data. We may also preserve data for legal reasons or to prevent harm, including as described below.
Objecting to Data Use. We give you account settings and tools to control our data use. For example, through your privacy settings, you can block your information from being visible to other users of the Services; using your notification settings, you can limit the notifications you receive from us; and under your application settings, you can revoke the access of the Apple Health data that you previously connected to your Owaves account.
We keep your account information, like your name, email address, and password, for as long as your account is in existence because we need it to operate your account. We keep other information, like your exercise or activity data, until you use your account settings or tools to delete the data or your account because we use this data to provide you with your personal statistics and other aspects of the Services. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described below.
OUR POLICIES FOR CHILDREN
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to create accounts unless their parent has consented in accordance with applicable law. If we learn that we have collected the personal information of a child under the relevant minimum age without parental consent, we will take steps to delete the information as soon as possible. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us through our website.
We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to maintain the security of your data. This includes using Transport Layer Security (“TLS”) to encrypt many of our Services. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact us.
OUR INTERNATIONAL OPERATIONS AND DATA TRANSFERS
We operate internationally and transfer information to the United States and other countries for the purposes described in this policy.
Please note that the countries where we operate may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. You agree to this risk when you create a Owaves account and click “I agree” to data transfers, irrespective of which country you live in. If you later wish to withdraw your consent, you can delete your Owaves account from the account settings in the application.
While not relied upon for international data transfers, Owaves, Inc. complies with the EU-US and Swiss-US Privacy Shield principles regarding the collection, use, sharing and retention of personal information. Owaves, Inc. is subject to the oversight of the US Federal Trade Commission and remains responsible for personal information that we transfer to others who process it on our behalf. If you have a complaint about our Privacy Shield compliance, please contact us. You can also refer a complaint to our chosen independent dispute resolution body JAMS, and in certain circumstances, invoke the Privacy Shield arbitration process.
EUROPEAN PRIVACY DISCLOSURES
If you live in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, please review these additional privacy disclosures under the European Union’s General Data Protection Regulation (“GDPR”).
HEALTH AND OTHER SPECIAL CATEGORIES OF PERSONAL DATA
To the extent that information we collect is health data or another special category of personal data subject to the GDPR, we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you connect with Apple Health. You can use your account settings and tools to withdraw your consent at any time, including by stopping use of a feature, removing our access to a third-party service, or deleting your data or your account.
OUR LEGAL BASES FOR PROCESSING PERSONAL DATA
For personal data subject to the GDPR, we rely on several legal bases to process the data, including:
- When you have given your consent, which you may withdraw at any time using your account settings and other tools;
- When the processing is necessary to perform a contract with you, like the Terms of Service; and
- Our legitimate business interests, such as in improving, personalizing, and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described herein.
HOW TO EXERCISE YOUR LEGAL RIGHTS
Please review the “Your Rights To Access and Control Your Personal Data” section above for how your account settings and tools allow you to exercise your rights under the GDPR to access and control your personal data.
In addition to the various controls that we offer, in certain circumstances, you can seek to restrict our processing of your data, or object to our processing of your data based on our legitimate interests. Under the GDPR, you have a general right to object to the use of your information for direct marketing purposes. Please note that you can always delete your account at any time.
If you need further assistance regarding your rights, please contact us through our website, and we will consider your request in accordance with applicable laws. You also have a right to lodge a complaint with your local data protection authority.
CALIFORNIA PRIVACY DISCLOSURES
If you are a California resident, please review the following additional privacy disclosures under the California Consumer Privacy Act (“CCPA”).
HOW TO EXERCISE YOUR LEGAL RIGHTS
You have the right to understand how we collect, use, and disclose your personal information, to access your information, to request that we delete certain information, and to not be discriminated against for exercising your privacy rights. You may exercise these rights using your account settings and tools as described in the “Your Rights To Access and Control Your Personal Data” section, for example:
- By logging into your account and using your account settings, you may exercise your right to access your personal information and to understand how we collect, use, and disclose it.
- Your account settings also let you exercise your right to delete personal information.
If you need further assistance regarding your rights, please contact us through our website, and we will consider your request in accordance with applicable laws.
CATEGORIES OF INFORMATION WE COLLECT, USE, AND DISCLOSE FOR BUSINESS PURPOSES
As described above, we collect the categories of personal information listed below. We receive this information from you, your use of the Services, and as otherwise described in this policy. We use and disclose these categories of information for the business purposes described in the “How We Use Information” and “How Information Is Shared” sections, respectively. The categories are:
- Identifiers, like your name or username, email address, phone number, account ID, and other similar identifiers.
- Demographic information, such as your gender, age, health information, and physical characteristics or description, which may be protected by law.
- Activity information, such as your exercise, activity, sleep, or health data, including the number of steps you take and any similar information to which you grant us access from another service.
- Geolocation data, if you have granted us access to that information.
- Electronic, visual, or similar information, such as your profile photo or other photos.
- Other information that you provide, including account information such as your biography or country; information for features of the Services, for example, an alarm, information about your friends, and logs for food, sleep or exercise; messages on the Services; and information recorded by your device which may vary depending on the device you use.
- Inferences drawn from any of the above, including the number of calories you burned, distance you traveled, sleep insights, and personalized exercise and activity goals.
We never sell the personal information of our users.
CHANGES TO THIS POLICY
We will notify you before we make material changes to this policy and give you an opportunity to review the revised policy before deciding if you would like to continue to use the Services. You can review previous versions of the policy in our archive.
HOW TO CONTACT US
If you have questions about this policy, or need help exercising your privacy rights, please contact us through our website.
You may also contact us at:
P.O. Box 230970
Encinitas, CA 992023