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Mobile App Privacy Policy

iOS version 1-6 and Androidâ„¢ version 1-7

Last modified: September 16, 2016, as amended

INTRODUCTION

Suki, LLC d/b/a OhMiBod ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:

The types of information we may collect or that you may provide when you download, install, register with, access or use the OhMiBod Remote (the "App").

Our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies only to information we collect in this App and in e-mail, text and other electronic communications sent through or in connection with this App. This policy DOES NOT apply to information that:

  1. We collect offline or on any other Company apps or websites, including websites you may access through this App.
  2. You provide to the Company, or is collected by any third party.

Our websites, our other apps and third parties may have their own privacy policies, which we encourage you to read before providing information on or through them. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use this App. By downloading, registering with or using this App, you agree to this privacy policy. This policy may change from time to time (see www.ohmibod.com/app/privacy). Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

THIS APP IS FOR PEOPLE OVER THE AGE OF 18

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS APP. We do not knowingly collect Personal Information (as defined herein) from persons under 18. Accordingly, all users will be required to provide their age prior to initial use. If we learn we have collected or received Personal Information from a person under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 13, please contact us at customercare@ohmibod.com.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

We collect information from and about users of our App:

  1. Directly from you when you provide it to us during registration
  2. Automatically when you use the App.

Information You Provide to Us.

When you download, register with or use this App, we may ask you provide information:

  1. By which you may be personally identified, such as state and country of residence, e-mail address, or ANY OTHER INFORMATION THE APP COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW ("Personal Information").
  2. That is about you but individually does not identify you, including information such as your username, your unique device identifier, your gender, month and year of birth, relationship status (e.g. "single" or "attached").

This information includes:

  1. Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, subscribing to our service and posting and/or sending material,
  2. We may also ask you for information when you report a problem with the App.
  3. Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us.

User Contributions.

You may provide information to be published or displayed ("Posted") to another user of the App (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Although you may modify privacy settings for such information by logging into your account profile and selecting to keep your profile "private," please be aware that no security measures are perfect or impenetrable. All pictures and/or other messages sent using the App will be stored on your individual device and will not be stored on our server. This means that you may be able to delete pictures and other messages from your personal device; however, please be aware that we cannot control the actions of third parties with whom you may choose to share your User Contributions. THEREFORE, WE CANNOT AND DO NOT GUARANTEE THAT YOUR USER CONTRIBUTIONS WILL BE DELETED BY THIRD PARTIES, OR WILL NOT BE VIEWED BY UNAUTHORIZED PERSONS. In particular, if you elect to maintain a "public" profile, all User Contributions will be available to the users in which you connected with during the use of the app.

Automatic Information Collection And Tracking.

When you download, access and use the App, it may use technology to automatically collect:

  • Usage Details. We do NOT collect activity data such as individual pattern usage, connectivity time, location, connections made or duration of those connections.
  • Device Information. We may collect information about your mobile device including the device's unique device identifier. Details collected by Android or iOS may include your operating system, and the mobile network information. We use this for troubleshooting purposes only in the event of app performance issues.
  • Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs to populate your profile picture.

If you do not want us to collect this information do not download the App or delete it from your device. For more information, see www.ohmibod.com/app/eula.

Information Collection And Tracking Technologies. The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
  • Web Beacons. Pages of the App and our e-mails 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 e-mail and for other related App statistics (for example, recording the popularity of certain App content and verifying system and server integrity).

THIRD-PARTY INFORMATION COLLECTION

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  1. Your mobile device manufacturer.
  2. Your mobile service provider.
  3. App store and platform providers.
  4. Wireless network providers.

These third parties may use tracking technologies to collect information about you when you use this App. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any Personal Information, to:

  1. Provide you with the App and its contents, and any other information, products or services that you request from us.
  2. Fulfill any other purpose for which you provide it.
  3. Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, if applicable.
  4. Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

DISCLOSURE OF YOUR INFORMATION

We may disclose Personal Information that we collect or you provide:

  1. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by the Company about our App users is among the assets transferred.
  2. For any other purpose disclosed by us when you provide the information.
  3. With your consent.
  4. To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  5. To enforce our rights arising from any contracts entered into between you and us, including, but not limited to, the App EULA, and for billing and collection, if applicable.

YOUR CHOICES ABOUT OUR COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION

We strive to provide you with choices regarding the Personal Information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, parts of the App may then be inaccessible or not function properly.

Promotion by the Company. If you do not want us to use your e-mail address to promote our own or third parties' products or services, you can opt-out by clicking the link on any email communication. You can also opt-out by sending us an e-mail stating your request to customercare@ohmibod.com.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

You can review and change your Personal Information by logging into the App and visiting your account profile page. You may also send us an e-mail at customercare@ohmibod.com to request access to correct or delete any personal information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Contributions from the App still might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our terms of use at www.ohmibod.com/app/eula.

OUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users of our App 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 customercare@ohmibod.com or write us at: Suki LLC, 45 Lafayette Road #332, North Hampton, NH 03862, Attn: App Customer Care.

DATA SECURITY

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. 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 our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through our App. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

CHANGES TO OUR PRIVACY POLICY

We may update our privacy policy from time to time. If we make material changes to how we treat our users' Personal Information, we will post the new privacy policy on this page. From time to time we will also provide a notice to you when the privacy policy has been updated in the form of an in-App alert to notify you that changes to the policy have occurred. The date the privacy policy was last revised is identified at the top of this page. You are responsible for periodically visiting this privacy policy to check for any changes.

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at: Suki LLC, 45 Lafayette Road #332, North Hampton, NH 03862, Attn: App Customer Care or customercare@ohmibod.com.