Privacy Policy

Revibe App and Online Platform Privacy Policy

 

Last modified: October 5, 2018

 

Introduction

 

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 from you or that you may provide when you access and use our Revibe PLUS online service (our “Service”), when you use our application for your mobile device (our “Application”) or when you use one of our Revibe devices in conjunction with the Service or the Application, as well as our practices for collecting, using, maintaining, protecting and disclosing that information.  We refer to our Service and our Application cumulatively as our “Platform.

 

This Policy applies to any information that we collect on the Platform, including any information you input into the Platform, any information in any emails, posts, texts and other electronic messages between you and the Platform, and any information transferred to the Platform from the Revibe device about the user of that device.  This Policy does not apply to any other information that we collect by any means.

 

Please read this Policy carefully to understand our policies and practices regarding collected information and how we will treat it.  If you do not agree with our policies and practices, you can choose not to use our Platform.  By accessing or using our Platform, you agree to this Policy.  This Policy may change from time to time.  Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

 

Information We Collect and How We Collect It

 

We may collect several types of information from and about users of our Platform, including information by which users may be personally identified, such as:

 

  • With respect to the Platform account holder only:

 

    • The account holder’s name;
    • The account holder’s e-mail address;
    • The account holder’s date of birth;
    • Persistent identifiers that are associated with the account holder, such as the account holder’s IP address and mobile device ID; and
    • The account holder’s billing information, including billing contact information (e.g., billing address), credit or debit card numbers, security codes and other financial information; and
    • Any additional information you choose to provide in communications with us through the Platform.

 

  • With respect to users of each Revibe device linked to the account holder’s account on the Platform:

 

    • The type of Revibe device used by the device user;
    • The device user’s “Nickname” (which could include the device user’s name if you voluntarily choose to input that information in this field);
    • The device user’s [birth year / date of birth];
    • Persistent identifiers that are associated with the device user, such as the device user’s IP address and mobile device ID (if the device user chooses to access the Platform on the device user’s computer or device rather than on the account holder’s computer or device);
    • The device user’s grade in school (if in school);
    • The device user’s class schedule (if in school);
    • The device user’s gender;
    • The device user’s height and weight;
    • Whether the device user is right-handed or left-handed; and
    • Raw data transmitted from the device user’s Revibe device, such as a user’s responses to reminders (taps), fidgeting behaviors (physical movement), and number of steps (accelerometer).

 

We consider the following subset of the above-listed information to be personally-identifiable information and such information is cumulatively referred to in this Policy as “Personal Information”:

 

  • The account holder’s name;
  • The account holder’s e-mail address;
  • The account holder’s billing contact information (e.g., billing address);
  • Persistent identifiers associated with the account holder or device user, such as the IP address or mobile device ID of the account holder or device user;
  • The device user’s name (to the extent you voluntarily choose to input this information in the “Nickname” field);
  • Any additional personal information you choose to provide in communications with us through the Platform, such as if you choose to include personal information when contacting us with a question via the online platform.

 

We collect the account holder information described above when you provide this information to us directly while registering to use our Platform, updating your account settings via the Platform, filling in information necessary for our third-party payment processors to process payments for Platform subscription fees, and communicating with us through the Platform.  We collect the device user information described above when you input it directly into the Platform using the Platform’s features designed for this purpose and, with respect to the raw data from the device user’s Revibe device, through the transmission of such data to the Platform through the Revibe device’s Bluetooth connectivity.

 

In connection with our on-going review of customer experiences, you may also be selected to provide feedback on your opinions and impressions of the effectiveness of the Platform and its features.  You provide this information to us by voluntarily agreeing to participate in such surveys and filling in and submitting online forms.

 

If you do not want us to collect this information your choice is (1) not to provide such information to the Platform, or (2) not to register for the Platform or to not access or use the above-mentioned features of the Platform.  Please note that by omitting such information or declining to access or use certain features of the Platform, you may be unable to access certain portions or features of the Platform and the effectiveness of certain services provided via the Platform may be hindered.

 

Automatic Information Collection

 

When you access, use and navigate through the Platform, the Platform may use certain technologies (described below) to collect automatically the following information:

 

  • Traffic Data / Usage Details. When you access and use the Platform, we may collect automatically certain details of your access to and use of the Platform, including traffic data, logs, and other communication data, your navigation paths, actions and patterns in and through the Platform, the resources that you access and use on or through the Platform and the referring and exit pages.
  • Computer and Device Information. When you access and use the Platform, we may collect information about your computer or mobile device and your Internet connection, including IP address, operating system, browser type, the mobile device’s unique device identifier, and mobile network information.

 

If you do not want us to collect this information automatically your choice is to not access or use the Platform. 

 

We use the following technologies for automatic information collection:

 

  • Cookies (or mobile cookies). A cookie is a small file placed on your computer or mobile device. It may be possible to refuse to accept cookies by activating the appropriate setting on your browser or mobile device. However, if you select this setting you may be unable to access certain parts or features of the Platform.
  • Web Beacons. Certain pages or portions of the Platform may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related usage statistics (for example, recording the popularity of certain content and verifying system and server integrity).
  • Embedded Code. Certain pages or portions of the Platform or embedded tools available on the Platform may use embedded hidden code to collect information about usage flows through the Platform and other similar usage statistics.
  • IP Address. When you log into our services, we store the internet address that you are logging in from. We use this information to detect fraud and to comply with region-based legal requirements.

           

How We Use Information We Collect

 

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

 

  • Generally operate and present the Platform and its contents to you;
  • Present you with data visualizations (graphs and charts), metrics and patterns, including presenting the device user’s focus score, focus rate, responsiveness rate, steps, fidgets, average attention span;
  • Aid you and each device user in goal and progress tracking;
  • Aid you in customizing vibration reminders on each Revibe device;
  • Operate and employ on your behalf our proprietary machine learning algorithms to “learn” the device user’s focus needs and adapt the frequency of vibration reminders on each applicable Revibe device accordingly;
  • Notify the account holder about account status, payment transactions or changes to our Platform and any products or services we offer or provide through it, via messages sent to the account holder’s e-mail address;
  • Provide the account holder with promotional information about our own products and services, by messages sent to the account holder’s e-mail address;
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us (including our Terms of Service);
  • Securely transmit your billing and payment information to our third-party payment processors to allow such third-party payment processors to store and use such billing and payment information to process your payments for Platform subscription fees (please note that we do not otherwise use, process or store any of your billing or payment information on our systems); and
  • In any other way that we describe when you provide the information and for any other purpose with your prior consent.

 

The traffic data, usage details, and “persistent identifiers” we collect help us to improve the Platform and to deliver a better and more personalized experience by enabling us to:

 

  • Estimate our audience size and usage patterns;
  • Learn to improve the “flow,” organization and user interface of the Platform;
  • Recognize you when you use the Platform and store information about your preferences, allowing us to customize the Platform according to your individual interests; and
  • Speed up your searches.

 

We use the client feedback you provide in response to surveys you complete to improve the functionality of the Platform and ensure our expectations for product and service quality service are being met.

 

Disclosure of Information We Collect

 

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

 

  • To our subsidiaries and affiliates;
  • To contractors, service providers and other third parties we use to support our business and who (1) need to know such information to support our permitted uses of information in accordance with this Policy, and (2) are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;
  • 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 our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which information held by us about our Platform users is among the assets transferred and in any due diligence review with respect to any such proposed transaction;
  • For any other purpose disclosed by us when you provide the information;
  • For any other purpose with your consent;
  • To comply with any court order, law or legal process, including to meet national security and law enforcement requirements and to responding to any government or regulatory request;
  • To enforce our rights arising from any contracts entered into between you and us, including our Terms of Service; and
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our company, the Platform’s users or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

Additional Uses and Disclosures of De-Identified / Aggregated Information

 

We may convert or combine Platform traffic data, raw data (e.g., taps, fidgets, steps) that is collected from a Revibe Device and/or demographic data that you provide into de-identified or aggregated data that does not disclose any Personal Information of any individual account holder or device user.  We may use and disclose to third parties such de-identified or aggregated data for any lawful purpose and without restriction, including to:

 

  • Conduct internal research and analysis to improve our Revibe devices and algorithms; and
  • Share such information with third parties to advance research for ADD/ADHD and other conditions and drive advances in diagnosis and treatment

 

Such de-identified or aggregated data does NOT include any Personal Information of any individual account holder or device user.  We will not sell any Personal Information we collect or disclose any Personal Information we collect to third parties for their targeted advertising or marketing purposes.

 

Tracking

           

Tracking involves the use of cookies, web beacons, or other embedded code or tracking technologies to collect, analyze and store information on a user’s behavior over time on multiple sites, including information on the sites visited, products viewed, products purchased and other online interactions.  Tracking information can be used to enable companies to make interest-based (behavioral) advertising available to users on multiple sites that they visit.

 

We do not currently collect Personal Information about your online activities over time and across third-party sites for tracking purposes.  We do not currently allow third parties to collect Personal Information on the Platform that could be used by them to analyze and store information about your online activities over time and across third-party sites for tracking purposes.  Therefore, the Platform DOES NOTcurrently respond to any “Do Not Track” signals from your computer or mobile device, and if your computer or mobile device sends a “Do Not Track” signal to the Platform, the Platform WILL NOT treat you differently from users who do not send such signals. 

 

Choices About How We Use and Disclose Your Information

 

You have certain choices regarding the Personal Information you provide to us. 

 

You can set your browser or mobile device to refuse all or some browser cookies, or to alert you when cookies are being sent.  To learn how you can manage your Flash cookie settings, visit the Flash player settings page on the Adobe website, accessible here.  If you disable or refuse cookies, some parts of the Platform may then be inaccessible or not function properly. 

 

If you do not wish for us to notify you about special promotional offers related to the Platform or other products and services offered by us, you can opt-out by simply clicking on the “Unsubscribe” or “Updating your e-mail preferences,” link in the most recent e-mail you received from us and follow the prompts that appear.  For the e-mail opt-out to function across time, you must have your browser or mobile device set to accept cookies so the Platform can recognize you and your preferences.  This opt out does not apply to information provided to you by e-mail as a result of a purchase made on the Platform (e.g., a transaction receipt for subscription fees), or as a result of a customer service request initiated by you.

 

Users Outside of the United States

 

 Our Platform is hosted in the United States and our services are provided from the United States.  It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms.  If you are a user accessing our Platform or services from the European Union, Asia or any other region with laws governing personal data collection, use and disclosure that differ from United States laws, please note that you are transferring your Personal Information outside your home jurisdiction, and that by providing your Personal Information to us, you are consenting to the transfer of your Personal Information to the United States and other jurisdictions as indicated above, and to our use and disclosure of your Personal Information in accordance with this Policy.

 

Your California Privacy Rights

 

If you are a California resident, you may obtain certain information regarding our disclosure of your Personal Information to third parties for their direct marketing purposes.  To make such a request, please send an email to support@revibetech.com.  Please note, however, that currently we do not disclose any of your Personal Information to third parties for their direct marketing purposes.

 

Accessing and Correcting Your Information

 

You can review and change certain portions of your Personal Information collected by logging into the Platform and visiting your account profile page.

 

You may also send us an email at support@revibetech.com to request access to any Personal Information that you have provided to us, or to correct or delete that Personal Information.  We will evaluate such requests on a case-by-case basis.  Please note, however, that we cannot delete certain portions of 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.

 

Children Under the Age of 13

 

            In some instances, Revibe devices may be purchased by a parent or legal guardian for use by his or her child under the age of 13.  In this situation, when linking the child’s Revibe device to the account holder’s Platform account, the account holder (the child’s parent or legal guardian) may input in the Platform the information, including Personal Information, about his or her child that is described above with respect to Revibe device users (e.g., “Nickname” and demographic information).  Additionally, the Revibe device may transmit to the Platform the information about the child that is described above with respect to Revibe device users (e.g., raw data on taps, fidgets and steps).  Please see the section above titled “Information We Collect and How We Collect It” for a description of the types of information that may be collected about Revibe device users.  Children under the age of 13 are not permitted to act as account holders, and therefore none of the information collected that is specific to account holders (as described above) will be collected with respect to children under the age of 13. 

 

Prior to collecting any Personal Information about your child, we will obtain your “verifiable parental consent” to such information collection.  We currently obtain your “verifiable parental consent” in two ways:

 

  • By requiring you to provide, prior to collecting any information about your child, your credit card, debit card or other payment information in connection with your payment of Platform subscription fees; and
  • Following your acknowledgment and consent to our Parental Consent form, sending a message to the account holder’s e-mail address (your e-mail address) with a unique link that must be clicked to indicate your “verifiable parental consent,” and then sending an additional confirmation message to the account holder’s e-mail address at a later time.

 

Our practices for using and disclosing Personal Information of Revibe device users under the age of 13 are the same as our practices for using and disclosing Personal Information of Revibe device users generally.  Please see the sections above titled “How We Use Information We Collect,” “Disclosure of Information We Collect,” and “Additional Uses and Disclosures of De-Identified / Aggregated Information.” 

 

Revibe device users (including those Revibe device users who are under the age of 13) are not enabled to make any Personal Information publicly available via the Platform.

 

            As a parent or legal guardian, you have certain rights to control the Personal Information we have collected with respect to your child.  Upon your written request to us by e-mail at support@revibetech.com, and provided you have cooperated with us in our reasonable efforts to verify that you are the child’s parent or legal guardian, we will provide the following to you:

 

  • A description of the specific types or categories of Personal Information collected regarding your child;

 

  • A means of accessing, reviewing and correcting any Personal Information collected from your child; and

 

  • The opportunity at any time to refuse to permit our further use or future collection of Personal Information from your child, or to direct us to delete your child’s Personal Information.

 

Please note that you may review, correct, refuse our further use or collection of, or request the deletion of the Personal Information of your child by following the procedures described above in the section titled “Accessing and Correcting Your Information.”  Please also note that the deletion of or the refusal to permit further use or collection of Personal Information of your child may hinder certain features or functionality of the Platform.

 

Data Security

 

We have established and will maintain reasonable measures to protect the confidentiality, security and integrity of Personal Information collected pursuant to this Policy and to secure Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure.  We will also take reasonable steps to disclose Personal Information only to service providers and other third parties who are capable of maintaining the confidentiality, security and integrity of such Personal Information, and who provide assurances that they will maintain the Personal Information in such a manner.

 

All information that you provide to us is stored on our servers behind firewalls.  All payment information collected in connection with Platform subscription fees will be encrypted and transmitted securely using Secure Sockets Layer (SSL) technology to a reputable third-party payment processor for processing.   

 

The safety and security of your information also depends on you.  When we have given you (or when you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping that password confidential.  We ask you not to share your password with anyone.

 

Unfortunately, the transmission of information over the Internet is not completely secure.  Although we have implemented security measures that we think are adequate, we cannot guarantee the security of your Personal Information transmitted to our Platform.  Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Platform.

 

Changes to Our Privacy Policy

 

We post any changes we make to our Policy on this page.  If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the primary email address specified in your account and through a notice on the Platform home page.  The date the Policy was last revised is identified at the top of the page.  You are responsible for ensuring we have an up-to-date, active and deliverable email address for you, and for periodically visiting our Platform and this Policy to check for any changes.

 

Contact Information

 

The Platform is operated by Revibe Technologies, Inc., a Delaware corporation with its headquarters in North Carolina.  To ask questions or comment about this privacy Policy and our privacy practices, contact us:

 

  • by mail, at 3331 Heritage Trade Drive, Suite 101, Wake Forest, NC 27587;
  • by telephone, at 919-521-8444; or
  • by e-mail, at support@revibetech.com.