Privacy Policy

1. Introduction

This Privacy Policy applies to all the products, services, Web sites and apps offered by Breathwrk, Inc. and its affiliates (collectively “Breathwrk” or “Company”), except where otherwise noted. We refer to those products, services, Web sites and apps collectively as the “services” in this policy. Unless otherwise noted, services are provided by Breathwrk.

 

References to “data” in this Privacy Policy will refer to whatever data you use within our services to collect and or process, whether it is data collected in a form, data inserted on a site hosted by us, or data acquired on your behalf from sources internal or external to your organization.

 

References to “GDPR” in this Privacy Policy refer to the General Data Protection Regulation adopted by the Parliament of the European Union and published as Regulation (EU) 2016/679 (General Data Protection Regulation), effective May 25, 2018. The full text of the GDPR in English can be viewed at https://gdpr-info.eu/.

 

This Privacy Policy is effective on July 26 2020 or the date upon which you enter into a License Agreement for one or more of Company’s products and services, whichever is later.

 

2. Information we collect

We collect information from you including activity and usage data from the Company Web site and any email you may send us or that you may respond to one of our email newsletters or other emails that we may send to you from time to time related to our products and services.

 

We collect personal information from you every time you enter data into online forms on the Company Web site, contact us with questions regarding our service or to request a demonstration of our product and make other opportunities available that ask individuals to provide personal information such as their name and email address. You may also provide personal information when you request a whitepaper or other information from Company and may provide our employees with your business card, or provide information for billing and other business purposes.

 

If you choose to create an account on the Company Web site we collect your username, password, email address, country, preferred account type and may collect billing information when you register. For users that register an account with Company, our server logs also automatically collect user information such as users’ IP addresses, pages users access, browser type and language, and the date and time of visits, which helps Company track use of the Web site and understand trends.

 

You can also provide us with other optional information, such as your name, picture, postal address, phone number, social network profiles, questionnaire responses, general business information, and other personal, biographical, or demographic info. This optional information is not necessary for you to use the Company Web site or to maintain an account with us, but by sharing this information, we can better serve you and improve your overall Web site experience.

 

We and/or our selected third-party partners may also collect data about visitors’ activities on this Web site and across the Internet over time for non-advertising purposes, including to conduct analytics, measure trends, and streamline Web site usability. The technologies used for this purpose may include log files, cookies, web beacons, and social media plug-ins. One of the service providers we may use is Google Analytics. To learn more about how Google Analytics collects and processes data and the choices you may have to control these activities, you may visit https://www.google.com/policies/privacy/.

 

 

3. How we use the information we collect

3.1. We process personal data about you either with your consent or in order to:

• Fulfill our contractual responsibility to deliver the services to you

• To pursue Breathwrk’s legitimate interests of:

• improving service experience; and

• developing new products and service features.

In each of the instances where we describe how we use your data in this privacy policy, we have identified which of these grounds for processing we are relying upon.

By licensing one or more of our products and services, or by viewing content on our Web site, you have consented to us using certain types of tracking and third-party cookies on our services. For more information, see Section 6 below.

3.2. We or third-party data and advertising platforms that we work with may use or combine multiple technologies, such as cookies, page tags, mobile identifiers and IP addresses to infer users’ common identities across different services and multiple devices such as tablets, browsers, and mobile phones. We may do so, for instance, to tailor ads to users, to enable us to determine the success of our advertising campaigns and to improve upon them. These third-party data and advertising platforms may sometimes use data that we provide to them in order to improve their technologies and their ability to match common devices to users. We also may also use this to measure the performance of email messaging and to learn how to improve email deliverability and open rates.

The above data and techniques are used for personalized marketing, analytics, and related purposes. We may also use this data to personalize online marketing campaigns to be relevant to you and your interests in our services. By clearing your cookies in your browser settings you will no longer see personalized messages in this way but you continue to see ads over the internet that are not based on information you provided to the Company.

3.3. We process your personal information in the following categories of data for legitimate interests pursued by us, which are described in detail in this Privacy Policy. We have undertaken to ensure that we place clear limitations on each of these uses so that your privacy is respected and only the information necessary to achieve these legitimate aims is used. Our primary goal is to improve upon and make sure our services and messaging are relevant for all our users, while also ensuring that personal information of all users is respected and protected.

Contact Information. We use contact information to respond to your inquiries, send you information as part of the services, and send you marketing information (for as long as you do not opt-out).

More details: We use your email address to send you marketing (newsletters), unless you indicate a preference to opt-out and for general updates on your account. You can opt out of marketing communications at any time by contacting our customer service department.

How you use our services. We use information about how you use our services to improve our services for you and all users. We collect information about the types of documents you generate, the types of plans you purchase and your account transactional behavior to build a profile about you so as to help direct you and your organization to other relevant features and services we offer and help you in using our services, for example by making recommendations for you to optimize use of our services.

Device and browser data. We use device data both to troubleshoot problems with our service and to make improvements to it. We also infer your geographic location based on your IP address. We collect this to help us improve your service experience through a specific device/browser by optimizing how the services look in a particular device, how your screen brightness affects your experience and to ensure the service operates optimally and as it should on different devices and browsers.

Log data. We use log data for many different business purposes to include:

• To monitor abuse and troubleshoot.

• To create new services, features, content or make recommendations.

• To track behavior to identify and understand trends in the various interactions with our services.

• To fix bugs and troubleshoot product functionality.

More details: Your IP address is used to determine where an unknown/unauthorized access may have occurred in your account (abuse monitoring).

Referral information. We use referral information to track the success of our integrations and referral processes.

Third parties and integrations. We collect and use information from third parties and integration partners to:

 

• To personalize our services for you; and

• Ensure you can use our service in conjunction with other services.

• Service and Marketing uses.

○ Profiling. We combine information about you from third party sources with information we hold about you to create a user profile, which will help us to make our sales and marketing efforts more relevant to you and to personalize and improve your service experience.

○ Machine learning. We use machine learning techniques on certain data in order to provide users with useful statistics and more relevant insights from the data we have collected using our services and to optimize our marketing campaigns and for fraud detection.

○ To manage our services we will also internally use your information and data, for the following limited purposes:

■ To enforce our agreements where applicable.

■ To prevent potentially illegal activities.

■ To screen for and prevent undesirable or abusive activity.

Legal uses. To respond to legal requests or prevent fraud, we may need to use and disclose information or data we hold about you. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

3.4. We collect and use the following on the basis that we have to use this information in order to fulfill our contract with you:

Your Account Information. We need to use your account information to run your account, provide you with services, bill you for our services, provide you with customer support, and contact you about your service or account. We occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You cannot opt out of these communications since they are required to provide our services to you.

 

Your Profile. We process other aspects of your account information (like the personal information you provide about your job, your job title, and your marketing preferences) as well as information obtained from public sources, for legitimate interests like providing you with a personalized experience and relevant and useful marketing information as well as to make other product, feature and service recommendations to you and your organization to optimize use of the services we offer.

 

You can object to us using your information as described above but in some cases, our ability to fully and properly provide our services to you may be impacted if you do not want us to collect or use the above data.

 

3.5. Your Customer Data.

Company may use data from your constituent management system in order to fulfill our maintenance and support obligations or provide consulting services to you. Such data may include but is not limited to full name, postal address, e-mail address, transaction history and other personally identifiable information. The information collected, in each instance, is the minimal data required in order for us to provide the requested service. Customer Data is not shared with third parties. This data may be stored and or archived for internal reporting services. You may request at any time that such data be purged from our systems by contacting our customer service department.

 

4. Information you share

Many of our services let you share information with others. Remember that when you share information publicly, it can be indexable by search engines. Our services provide you with different options on sharing and deleting your content but we cannot delete content from search engines so you need to be careful about information you make public.

 

5. Information we share

We will share your personal information only in the ways that are described in this privacy policy. We do not sell your personal information to third parties.

 

From time-to-time, we may need to disclose your information to third parties such as to law enforcement authorities or our legal advisers, where it is necessary to comply with the law or regulation; enforce or apply our user terms and conditions; to protect our rights, or to preserve the safety of our users. This may include exchanging information with other companies and organizations for fraud protection.

 

We may also share your personal information with companies that provide services to help us with our business activities (e.g. processing payments or submitting emails to you on our behalf), in connection with any merger, a sale of all or substantially all of the Company’s assets, or a financing or acquisition of all or a portion of our business to another company. Whenever we share your personal information for this reason, we will ensure that the recipient is bound by all appropriate confidentiality obligations and that it commits to using your personal information only for the purposes for which you originally provided it.

 

You should also be aware that the information submitted to public areas, such as our blogs, may be read, collected, and used by others who access them.

 

If you interact with social media features on our site, these features may collect information about your use of this site as well as post information about your activities on this site to your profile page. Your interactions with these features are governed by the privacy policy of the company providing it.

 

6. Cookies

We and our partners use cookies and similar technologies on our Web site that you agree to when you use our sites and, in the case of some cookies, for legitimate interests of delivering and optimizing our services (where the cookie delivers essential functionality). Cookies are small bits of data we store on the device you use to access our services so we can recognize repeat users. Each cookie expires after a certain period of time, depending on what we use it for.

 

We use cookies and similar technologies for several reasons:

 

• To gather metrics about your experience.

• To make our services easier to use. For example, the “Remember me” feature when you sign into your account, we store your username in a cookie to make it quicker for you to sign in whenever you return to the Company.

• For security reasons. We use cookies to authenticate your identity and confirm whether you are currently logged into Company or determine if an incident impacts you.

• To provide you with personalized content. We store user preferences, your default language, device and browser information, your profile information which includes, the level of usage of service and the web-pages on our site which you visit, so we can identify you across devices and personalize the content you see.

• To improve our services. We use cookies to measure your usage of our services and track referral data, as well as to occasionally display different versions of content to you. This information helps us to develop and improve our services (it helps us focus on the parts of the service you seem most interested in) and optimize the content we display to you (which may include marketing content).

• To advertise to you. We, or our service providers and other third parties we work with, place cookies when you visit our Web site and other Web sites or when you open emails that we send you, in order to provide you with more tailored marketing content (about our services or other services), and to evaluate whether this content is useful or effective. For instance, we evaluate which ads are clicked on most often, and whether those clicks lead users to make better use of our tools, features and services. If you don’t want to receive ads that are tailored to you based on your online activity, you may contact our customer service department and ask to “opt out”. Opting out in this way does not mean you will not receive any ads; it just means that you will not receive ads from such companies that have been tailored to you based on your activities and inferred preferences.

• Google Analytics. In addition to the above, we have implemented on our Web sites and other services certain Google Analytics features that support Display Advertising, including retargeting. Visitors to our Web sites may opt out of certain types of Google Analytics tracking, customize the Google Display Network ads by using the Google Ad Preferences Manager and learn more about how Google serves ads by viewing its Customer Ads Help Center. If you do not wish to participate in Google Analytics, you may also download the Google Analytics opt-out browser add-on.

You can choose to remove or disable cookies via your browser settings.

7. Third Party Web sites

The Company Web site may contain links to and advertisements for Web sites operated by third parties whose privacy practices may differ from ours. While we endeavor to associate only with reputable entities, Breathwrk is not responsible for the privacy practices of these other Web sites. We encourage you to check the privacy policies of all Web sites that you visit.

 

8. How Do We Keep Information Secure?

The security of your personal and nonpersonal information is important to us. Company uses reasonable physical, managerial, and technical safeguards to prevent loss, misuse, and unauthorized access, disclosure, destruction and alteration of the information that our Web site collects.

 

Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, Company cannot ensure or warrant the security of collected data or other information. In particular, we cannot guarantee that collected data or other information will not be disclosed, altered, or accessed in accidental circumstances or by unauthorized or unlawful acts of others.

 

9. How Long Do We Keep This Information For?

Breathwrk retains personal information we collect from you as long as we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements, resolve disputes and enforce our agreements).

 

Breathwrk retains non-personal information as long as is legitimately necessary or no longer than eighteen (18) months.

 

Company will delete or otherwise discard customer data or data we collect about you while using our services at our discretion or when you contact us to do so. You can initiate such a request by contacting our customer service department.

 

10. Legal Basis For Processing (European Union and Switzerland Visitors Only)

If you are a visitor from the European Union (EU) and Switzerland, our legal basis for collecting and processing the information described above will depend on the information concerned and the specific context in which we collect and process it. We collect and process information from you only where we have your consent (Art. 6 para 1 lit. a) GDPR), where we need the information to provide our contractual obligation to you (Art. 6 para 1 lit. b) GDPR) or where we have a legitimate interest to do so.

 

If you wish to learn more about specific legal ground(s) we rely on to process your information for any particular purpose (including any legitimate interests we have to process information), then please contact us using the details provided below under “Contacting Us”. However, by way of example, we rely on our legitimate interests to process information for fraud prevention and detection, provided these interests are not overridden by your data protection interests or fundamental rights and freedoms (Art. 6 para 1 lit. f) GDPR).

 

11. International Transfers

Breathwrk operates its technology from servers located in the United States and the information it collects through clients is processed solely in the United States. Laws governing the collection and use of data in the European Union, Switzerland or United States may not be equivalent to those in the country where you reside, but Breathwrk will at all times protect your data in accordance with this Privacy Policy.

 

We may share your information with our affiliates and other third parties described above who are based in countries outside of your country of residence. While some countries may not have data protection laws that are equivalent to those of the country in which you reside, we will take all reasonable measures to protect your information in accordance with this Privacy Policy and all applicable legal requirements.

 

If any of the recipients is located in a country without the adequate legal protection or safeguards for personal data, Company will make reasonable efforts so the recipient adopts the principles described in this Privacy Policy.

 

12. Children

Company complies with the U.S. Children’s Online Privacy Protection Act (COPPA) and does not knowingly collect personal information from children under the age of thirteen (13) or from Web sites or online services directed to children under the age of thirteen (13).

 

If you are a visitor from the European Union (EU) or Switzerland, Company does not process the personal data of a child younger than 16 years old. Company makes reasonable efforts to verify in such cases that consent is given or authorized by the holder of parental responsibility over the child, taking into consideration available technology.

 

Consumers should not create Company accounts on our Web site or license our services, unless they are legally old enough to from a binding contract and in any case are 18 years of age or older. In the unlikely event that you are the parent or legal guardian of a child under 18, who has registered with the Company Web site or has licensed services from us, please contact info@breathwrk.com to have your child’s personal information deleted.

 

13. Sensitive Personal Data

We do not knowingly collect or obtain from third parties, any personal data, including any “Sensitive Personal Data,” as defined under the GDPR. “Sensitive Personal Data” are personal data, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sex life and sexual orientation; genetic data or biometric data.

 

14. Your Rights

• You have the right to access the information that Breathwrk maintains about you, request deletion of your data, update your data, object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information and you correct or amend that information if it is inaccurate or has been processed in violation of privacy laws, to the extent allowed by law, including the General Data Protection Regulation (GDPR).

• If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

• You have the right to opt-out from our marketing communications at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the “Contacting Us” heading below.

• You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

To exercise these rights, please email info@breathwrk.com 

15. Changes In Corporate Structure

In the event that Breathwrk is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.

 

16. Changes To The Privacy Policy

Breathwrk may revise this policy at any time. Any changes and/or updates to the policy will be updated directly on this page, and we will send you a notification of the changes via e-mail. We encourage you to visit this page periodically to review our current privacy policy so that you will always know what information we gather and how we may use that information.

 

17. Impact of EU-U.S. Privacy Shield

This Privacy Policy is intended to comply with the GDPR and the EU-US framework of privacy principles agreed on February 2, 2016 and formally adopted by the European Commission implementing decision C(2016) 4176 final of July 12, 2016, or any other framework for transferring personal data from the EEA or Switzerland to the United States that is approved by the European Commission as providing an adequate level of protection pursuant to the GDPR (the “Privacy Shield”). In the event of any amendment to the GDPR or the Privacy Shield, this Privacy Policy shall be deemed to be amended to the extent necessary to ensure compliance with such amendment.

 

18. Contacting Us

If you have any questions about this Privacy Policy, please contact us at info@breathwrk.com.

 

Company commits to resolve complaints about our collection or use of your personal data. Inquiries or complaints regarding this Privacy Policy should first contact Company at:

 

_____________

Breathwrk, Inc.,

Attn: President

703 Palms Blvd, 

Venice CA 90291, United States 

info@breathwrk.com.

© 2020 Breathwrk Inc.

For press and media inquiries, please contact Davi Brown at Davi@breathwrk.com

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