- “App” means the Breathometer iPhone software application and/or the Breathometer Android software application.
- “BAC Test” means blood alcohol concentration measured via a breath sample to the Breathometer device that is plugged into the audio jack of a user’s smartphone.
- “Browsing Information” means information about your use of the Service, or your computer’s (or other access device, such as a smartphone) interaction with the Service. Browsing Information also includes certain of the information described in the “Information Collected Automatically” section below. In general, Breathometer does not use Browsing Information to identify you, but such information may be paired with Personal Information, or with other information that together, could be used to identify you. Additionally, third parties, such as analytics companies and advertising service providers may access, collect, store, and use Browsing Information, and they may use it to identify you.
- “Personal Information” means information that directly identifies you, or that can directly identify you, such as your name, shipping and/or billing address, e-mail address, phone number, and/or credit card information.
Information We Collect
Personal Information We Affirmatively Collect From You
We may collect Personal Information about you through our Service when you register to obtain an account, such as your name and email address. Other information you may affirmatively provide to us is generally maintained along with Personal Information. You can choose not to provide any information that is affirmatively requested of you. However, this may limit your ability to use the Service.
User-generated content (such as BAC Test results) may include Personal Information.
In addition to collecting information on the Service, we may collect information from you when you communicate with us over the phone or via e-mail. This information may include Personal Information. This information may be matched with, and stored in connection with Personal Information provided or collected in connection with the Service.
Information Collected Automatically
We will collect location data from your mobile device each time you execute a BAC Test via the Service.
Log file information is automatically reported by your browser each time you access a web page on our Service. When you access the Service, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other similar information.
We may use mobile analytics software and various backend systems to analyze certain information regarding your use of the App and Service such as name, email address, device serial number, number of BAC Tests taken with each Breathometer device, and all BAC Test results.
We will also track search terms that you enter while using the Service to improve the performance of the Service’s search features, rank relevance of search results and evaluate new Service features. In general we will store tracking information in an anonymous aggregated form, however, we or our third party tracking partners may store certain information, such as pageviews, in a manner that can be associated to specific users.
How We Use Your Information
We use or may use Personal Information and Browsing Information for a variety of purposes, including:
- To operate the Service, monitor the effectiveness of the Service, to improve the content of the Service, and layout and design.
- To help provide you with a smooth, efficient user experience.
- To monitor, analyze and describe usage patterns and performance of the Service, including aggregate metrics such as total number of visitors, traffic, anemographic patterns.
- To conduct system administration and system troubleshooting and to diagnose or fix technology problems.
- To comply with legal requirements and process (for example, in response to subpoenas, court orders, and law enforcement or governmental requests or intigations), to protect our legal rights or the rights of others (for example, by working to reduce the risk of fraud or misuse of the Service).
- To assist in marketing efforts, including, for example, by tailoring and serving advertisements, and by tracking the effectiveness of marketing efforts.
- In connection with an unusual business transaction, such as the bankruptcy or liquidation of, sale of, purchase of, or merger with our business or another business.
How We Share Your Information
Personally Identifiable Information: Breathometer will not rent or sell your Personal Information to others. To operate the Service, however, we may share your Personal Information with our agents, representatives, contractors, partners and service providers so they can provide us with support services and other features. We require these third parties not to use your Personal Information for any other purpose. We allow you to opt out of sharing your Personal Information with such third parties. We may store Personal Information in locations outside the direct control of Breathometer (for instance, on servers or databases co-located with hosting providers).
Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for our Service. Non-personally identifiable information may be stored indefinitely.
What happens in the event of a change of control: We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of our products, services, assets and/or businesses. Your information such as names and email addresses, and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.
Storage and Processing
Your Choices About Your Information
You may review your Personal Information and data that we collect from you (such as your BAC Test results) by logging into your account via the App. The Service does not currently allow users to correct or delete their Personal Information.
How We Protect Your Information; Security and Passwords
Breathometer takes what it believes to be commercially reasonable physical, electronic, and procedural safeguards to protect Personal Information. However, since no security system is impenetrable and “perfect security” does not exist on the Internet, we cannot guarantee the security of Personal Information or Browsing Information.
If you create an account to use the Service, you may be asked to choose a password for your account, which can be used to access information associated with your account (including Personal Information). You should choose a password that is not easy to guess, and does not use words that you would find in a dictionary. Do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and we will attribute activities that occur using your account information (e.g., through the use of your password) to you. If you suspect that your password has been compromised contact us immediately at email@example.com.
Email Communications That We May Send
We may send you, or you may elect to sign up to receive, emails from us. To help us understand whether we are providing information of interest to you, we may include software code or other tracking technologies in our emails to monitor whether you opened a particular email, whether you have clicked on the images and/or links in the email, the date and time the message was opened, and whether your computer is capable of receiving HTML-based email. We endeavor to allow you to unsubscribe at any time from our email programs by clicking on the unsubscribe link at the bottom of any email message. We reserve the right to send you service announcements or similar administrative messages, without offering you the opportunity to opt out of receiving them.
Compromise of Personal Information
Breathometer does not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to access or use the Service or to provide any personal information to Breathometer. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will use commercially reasonable efforts to delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Links To Other Websites
California Privacy Rights
Users who are California residents may request and obtain from us once a year, free of charge, certain information about the personally identifiable information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personally identifiable information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to email@example.com.
Governing Law; Visitors Residing Outside the United States
If you have any remaining questions about how we treat your privacy, just let us know. You can contact us by writing to us at firstname.lastname@example.org.