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XANDAR KARDIAN PRODUCT AND APP PRIVACY POLICY

This privacy policy (“Privacy Policy”) governs how we, Xandar Kardian Inc (“XK”, “we”, “our” or “us”), use Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of:

(i) the XK mobile software application (“App”); and (ii) the Xandar Kardian product (“Product”) and the software products and applications contained therein (“Software”). Unless otherwise expressly provided herein, all references to the Product will include the Software.

We do not ourselves host any the App or the Software. All hosting is done by third party service providers that we engage. This means that data you provide us or that we collect from you (including any Personal Information, as defined below), as further described in this Privacy Policy, is hosted with such third party service providers on servers that they own or control. Regardless of where such third party service providers are located (and some are located in the United States), their servers may be located anywhere in the world (including the United States). Your data may even be replicated across multiple servers located in multiple countries. So please be aware that you are consenting to your data being transferred to various third party service providers around the world (including the United States).

  1. Introduction. We have implemented this Privacy Policy because your privacy, and the privacy of other users, is important to us. This Privacy Policy explains our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the your use of the App and Product.

“Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address, a home or other physical address, or other contact information.

  1. EULA. This Privacy Policy forms part of our End User License Agreement, which can be viewed from within the App. Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Terms.
  2. Consent and Modification. You are not legally obligated to provide us Personal Information, and you hereby confirm that providing us Personal Information is at your own free will. By using the App and/or the Product, you consent to the terms of this Privacy Policy and to our collection, processing and sharing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not access or otherwise use the App and/or Product. We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective following posting of the revised Privacy Policy on the Site, and your continued use of the App and/or Product thereafter means that you accept those changes.
  3. What Personal Information We Collect and How We Collect It. We receive and/or collect Personal Information from you in the following ways:

4.1. Account. In order to use the App and the services provided in connection therewith, you may be required to create an account (“Account”). We may offer different options to create an Account. If you create an Account you will be required to provide us with certain information, such as your name and email address, as well as a password that you will use for your Account (“Account Information”). You may also choose to provide additional Personal Information as part of the Account registration process and in connection with your ongoing use of your Account.

We may send you an e-mail to the e-mail address you submit to confirm your registration. If you choose not to create an Account, you will not be able to access or use the App.

4.2. ‘Contact Us’ Information. If you send us a “Contact Us” request by submitting an online form that we make available, you may be required to provide us with certain information such as your name and email address.

4.3. Location Data. We may obtain certain data based on the Wi-Fi connection received by the Products. Xandar Kardian PERS NZEL100 device as well as other Xandar Kardian products may contain GPS or other geo-locating systems to help locate the user when an SOS is requested.

4.4. Google Analytics. The App may use a tool called “Google Analytics” to collect information about use of the App. Google Analytics collects information such as how often users visit the App and what pages they visit when they do so. We use the information we get from Google Analytics to maintain and improve the App and our products. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to and use of the App is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

4.5. Mobile Device Data. We may collect limited information from your mobile device in connection with your use of the App. Such information may include your mobile device type, mobile device ID, and date and time stamps of App use. In addition, we may deploy tracking technologies within the App to help us gather aggregate statistics, but we will not use Personal Information for such purposes.

4.6 Health Data. We may collect limited information about your health including long term vital signs (RHR/BR), movement index, fall detection analysis and sleep analysis in order to store them for review by the end user. You may opt out of this service in the mobile app’s settings -> Do Not Store My Health Data.

  1. The Way We Use Personal Information. If you submit or we collect Personal Information through the App and/or Product, then we may use such Personal Information in the following ways:

5.1. If you are a Product user, we will collect detected motion data collected by the sensor contained within the Product (“Motion Data”). We will use such Motion Data to: (i) operate, maintain and support the App and Software and provide you with the services related thereto; and (ii) transfer your Motion Data to the App user designated by you (“Designated App User”) and provide such Designated App User with information and notifications regarding your Motion Data.

5.2. We will use any personal information that we collect or obtain in connection with the App, such as your name, email and phone number, in order to provide you with information and notification regarding Motion Data of a specific Product user that selected you as a Designated App User.

5.3. We will use your Personal Information to: (i) maintain and improve our App and Product and to provide the related services; (ii) send you marketing/advertisement communications that we believe may be of interest to you; (iii) contact you in connection with the App and/or Product and certain programs or offerings that you may have registered for; and (iv) identify and authenticate your access to the App and/or Software.

5.4. We may use your designated email address to: (i) send you updates or news regarding the App and/or Product and our products; and/or (ii) respond to a “Contact Us” or administrative request (for example, to change your password).

5.5. We may transfer your Personal Information to our local or foreign subsidiaries or affiliated companies for the purpose of storing or processing such information on our behalf. Such information may be transferred to other countries. We require that these parties agree to process such information in compliance with our Privacy Policy.

5.6. We may share your Personal Information with our third party service providers and partners, but only to assist us with our business operations and to provide our products and services to users. Such information may be transferred to other countries. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Information.

5.7. We may disclose your Personal Information or any information you submitted via the App and/or Product if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our EULA, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of XK, our users, yourself or the public.

  1. Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve our App and Product and enhance your experience with the App and Product. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our App and/or Product.
  2. Opting Out. You may choose not to receive future promotional, advertising, or other App and/or Product-related emails from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of the App and/or Product.
  3. Choice. At all times, you may choose whether or not to provide or disclose Personal Information. If you choose not to provide mandatory Personal Information, you may be unable to access certain options, programs, offers, and services included in the App and Product.
  4. Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any of your other Personal Information that we may be storing, you may submit an access request by contacting through the App. Your email should include adequate details of your request.
  5. Links to and Interaction with Third Party Products. The App and Product may enable you to interact with or contain links to your Third Party Account and other third party websites, mobile software applications and services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that the Third Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.
  6. Children’s Privacy. The App and Product are not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us through the App.
  7. Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the App and/or Product, you can contact us through the App.
  8. Merger, Sale or Bankruptcy. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.
  9. California Privacy Rights. California Civil Code Section 1798.83 permits our customers who 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 contact us through the App. Please note that we are only required to respond to one request per customer each year.
  10. Our California Do Not Track Notice. We do not track consumers over time and across third party websites and therefore do not respond to Do Not Track signals. We do not allow third parties to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the App and/or Product.
  11. Commitment. We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving our App and Product to meet these demands. If you have any comments or questions regarding our Privacy Policy, or your Personal Information that we may be storing and using, please contact us through the App.

 

Last updated: December 28, 2018

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