DailyBreath App Privacy Policy

This is the privacy policy (“ Privacy Policy“) that governs how we, DailyBreath, LLC (“DailyBreath“, “ we“, “ our” or “ us“), use Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of the DailyBreath application (the “ App“).

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 App. “ 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.

This Privacy Policy forms part of the App’s end user license agreement (“ EULA“) which can be viewed from within the App. Any capitalized but undefined term in this Privacy Policy shall have the meaning given to in the EULA as applicable.

Consent and Modification.By using the App, 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. We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) days following our notification to you or by our posting the revised Privacy Policy on the website http://www.dailybreathforecast.com (the “ Site“) and/or the App. Your continued use of the App thereafter means that you accept those changes.

What Personal Information We Collect and How We Collect It. We receive and/or collect Personal Information from you in the following ways:

Account. If you are an App user then you may be required to create an account (“ Account“). When you create an Account you will be asked to provide us with certain mandatory information such as your name, email address, and a password that you will use for your Account. 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.

Profile. Some parts of the App may enable you to build a public profile in connection with your Account (“ Profile“). Your Public Profile will include your user name. You may also choose to include a picture and other Personal Information in your Profile.

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

Share with Friends Service. When you open the Friends module, the App gives you the option to connect to your contacts stored in your smartphone device. Once enabled, when you click on Add Friends, your contact list will be displayed and you will be able to invite your friends to use the App by sending them an invitation email or message. If you send or post an invitation message we may collect Personal Information about the recipient such as their email address or their third party website account (e.g. Facebook) user name and id.

Location Data. We provide certain location-based services (“ Location Services“) in connection with the App that are dependent on data related to the geographic location of your mobile device on which the App is installed (“ Location Data“). If you choose to participate in these Location Service, in the initial prompts, and use the App, you agree that we may collect or obtain Location Data from your mobile device. You should be able to use the settings on your mobile device to turn off location-sharing features. We do not share any individual PII (personally identifiable information) connected to your location data, only sharing aggregate PII data displayed on a map.

Log Files. The App may make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet App Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer the App, track user’s movement around the App, and gather demographic information.

Cookies and Other Tracking Technologies. The App may utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about App activity.

Certain cookies and other technologies may serve to recall Personal Information, such as an IP address, previously indicated by an App user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser Mobile Device Data. We may collect limited information from your mobile device in order to provide 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.

Publicly Available Information. Your Profile and any publicly available content that you post on or via the App (“ User Submissions”) may be publicly available to other App users, and may also be accessed and used by people off the App. The notices and tools that we provide on the App should help inform you which information will be made publicly available. If you publish your contact information in any User Submissions or as part of your Profile, you may receive unsolicited messages from App users or the public. We therefore encourage you to only post information that you are sure you want to be accessible to anyone.

The Way We Use Personal Information. If you submit or we collect Personal Information through the App, then such Personal Information may be used by us in the following ways:

We will use your Personal Information to provide and improve the App, to contact you in connection with the App and certain programs or offerings that you may have registered for, and to identify and authenticate your access to the parts of the App that you are authorized to access.

We may use your designated email address to: (i) send you updates or news regarding the App and our products and the products of third parties; and/or (ii) respond to a “Contact Us” or administrative request (for example, to change your password); and/or (iii) inform you about any program or product updates and/or problems in connection with the Airnow observational data provided to you as part of the App’s content.

If you include Personal Information in your Profile or User Submissions that you post to a public area of the App, then such Personal Information will be generally publicly available.

If you choose to send your friend an invitation email or message we will use the contact information that you provide, or make available, to automatically send your friend an email or message inviting them to download the App. Your name or email address may be included in the invitation email or message.

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

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 the App. Such information may be transferred to other countries around the world. 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.

We may disclose your Personal Information or any information you submitted via the App 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 DailyBreath, our users, yourself or the public.

Use of Anonymous Information. We may collect and use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve the App and enhance your experience with the App. 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 the App.

Opting Out. You may choose not to receive future promotional, advertising, or other App-related emails from us by selecting an unsubscribe link at the bottom of such emails that you receive from us. 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 request to change your password) that are necessary to facilitate your use of the App.

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 still visit parts of the App but you may be unable to access certain options, programs, offers, and services that involve our interaction with you.

Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information and keep you up-to- date in connection with services, information and/or data provided to you as part of the App’s content. If you would like to delete or correct any of your Personal Information that we may be storing, you may submit an access request by sending an email to helpdesk@dailybreathforecast.com. Your email should include adequate details of your request.

Children’s Privacy. The App is 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 at helpdesk@dailybreathforecast.com.

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 commercially 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, you can contact us at helpdesk@dailybreathforecast.com.

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, without any notice.

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 send an email to helpdesk@dailybreathforecast.com.. Please note that we are only required to respond to one request per customer each year.

Our California Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, 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.

We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving the App 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 at helpdesk@dailybreathforecast.com.