Racy Tech Privacy Policy

Racy Tech Inc. (“Racy Tech”, “we” or “us,” or “our”) respect your privacy and are committed to protecting it through our compliance with this Privacy Policy.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you access or use the Platforms and our practices for collecting, using, maintaining, protecting, and disclosing that information. If you’re a resident of California, Washington, or Nevada or visiting us from the European Economic Area (“EEA”), you should read this policy and the applicable sections below for residents of California, Washington, and Nevada and visitors from the UK and EEA.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using the Platforms, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you must not access or use the Platforms. This Privacy Policy may change from time to time (see “Changes to Our Privacy Policy” below). Any changes to this Privacy Policy will be effective immediately upon posting the updated Privacy Policy unless otherwise stated or as required by applicable law. Your continued use of this Platforms after we make changes is deemed to be acceptance of those changes to the fullest extent permitted by applicable law, so please check the policy periodically for updates.

Terms not defined in this Privacy Policy shall have the meanings as set forth in Racy Tech’s Terms of Use, which can be found at www.racytech.com/terms.

Scope of Racy Tech’s Privacy Policy

This Privacy Policy applies to all aspects of our Platforms as well as to information we may collect offline. The Platforms may link to or incorporate websites or content hosted and served by others over which we have no control, such as third-party websites, online properties, platforms, social media, or systems, which are each governed by the privacy policies and business practices of third parties. You understand and agree that Racy Tech is not responsible for the security, privacy, or business practices of any third party.

This Privacy Policy applies to information we collect:

• through communications between you and the Platforms;
• in email, text, and other electronic correspondences and interactions between you and us;
• automatically as you access or use the Platforms;
• through third-party applications, links, and business partners; and
• all content on the Platforms, including without limitation the design, text, graphics, logos, software, and the selection, arrangement, and compilation thereof, is the property of Racy Tech or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Aggregated, de-identified, or anonymized data derived from your use of the Platforms (data from which all personal identifiers have been removed such that it cannot reasonably be linked to you) is owned by Racy Tech and may be used and disclosed for any lawful purpose, including improving the Platforms and for analytics, research, and commercial purposes, without further notice to you.

Your Information

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Platforms, including information:

• by which you may be personally identified, such as name, e-mail address, postal address, telephone number, location information, payment information (e.g., credit or debit card information, bank account information, and other forms of payment), social media information, any other identifier by which you may be contacted online or offline, including IP addresses, cookie identifiers, usage details, and other tracking technologies, and any other personal information that you provide to us (collectively, “personal information”);
• health information, including Special Category Health Data, heart rate, blood oxygen level, fall detection data, step count, sleep patterns, medication tracking, blood glucose monitoring, blood pressure tracking, and other health data. Racy Tech is not currently acting as a “covered entity” or “business associate” as those terms are defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). Except where Racy Tech has executed a written business associate agreement with a Covered Entity or Business Associate, the health information we collect through the Platforms is not “protected health information” subject to HIPAA, and the protections afforded by HIPAA do not apply to such information. Where Racy Tech has executed a business associate agreement, the health information processed under that agreement will be handled in accordance with HIPAA and the terms of the applicable business associate agreement. You should not rely on the Platforms or any information we provide for medical advice, diagnosis, or treatment;
• that is about you but individually does not identify you, such as – geo location, operating system, browser preferences, input devices;
• collected through affiliate links; and/or
• about your internet connection, the equipment you use to access our Platforms, and usage details.

We collect this information:

• directly from you when you provide it to us;
• automatically as you navigate through the Platforms (information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies); and
• from third parties, for example, our business partners.

Information that You Provide

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Platforms. This includes information provided at the time of registering to use or creating an account on our Platforms, purchasing our products, subscribing to our services, posting material, or requesting further services. We may also ask you for information when you report a problem with our Platforms.
• Details of transactions you carry out through our Platforms and of the fulfillment of your orders, in which event you may be required to provide financial information before placing an order through our Platforms.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete.
• Any other information, content or documents you upload to the Platforms.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Platforms, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to the Platforms, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here [Include Opt-Out Link Here] for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Platforms and to deliver a better and more personalized service, including by enabling us to:

• Estimate our Platforms usage statistics and usage patterns.
• Store information about your preferences, allowing us to customize our Platforms according to your individual interests.
• Improve the Platforms we provide to you and other users.
• Recognize you when you return to our Platforms.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Platforms. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platforms.
• Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Racy Tech, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Platforms are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

Senior User Health Data

The Senior User has the following rights with respect to their health data, which may be exercised independently of the Caregiver: (a) Right to Revoke: the Senior User may revoke consent to data collection and sharing at any time via the device consent revocation feature or by contacting privacy@racytech.com; (b) Right to Access: the Senior User may request a copy of their health data held by Racy Tech; (c) Right to Deletion: the Senior User may request deletion of their health data, subject to our retention obligations; and (d) Right to Restrict Sharing: the Senior User may request that Racy Tech restrict or suspend sharing of their health data with the Support Network, even if the Caregiver has configured such sharing. To exercise any of these rights, the Senior User should contact privacy@racytech.com. We will respond within the timeframes required by applicable law and will notify the Caregiver of account-level operational changes (such as suspension of data collection) to the minimum extent necessary to administer the account. The exercise of these rights by the Senior User will not affect the lawfulness of data collection or sharing that occurred prior to the request.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• to present our Platforms and its contents to you;
• to provide you with information, products, or services that you request from us (e.g., access to or use of the Platforms);
• to fulfill any other purpose for which you provide it;
• provide you with notices about your account, including expiration and renewal notices;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to notify you about changes to our Platforms;
• to use data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Platforms, marketing, and your experience;
• to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you (you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us);
• to contact you with respect to items, products or services that are germane to the products and services that we might provide to you;
• to allow you to participate in interactive features on our Platforms;
• in any other way we may describe when you provide the information; and
• for any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please contact us at privacy@racytech.com. For more information, see “Choices About How We Use and Disclose Your Information” below.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. We are not selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, your personal information and data to any persons or entities.

Retention and Transfer of Information

Retention of Your Personal Information and Data

Racy Tech will retain your personal information and data only for as long as is necessary for the purposes set out in this privacy policy. We will retain and use your personal information and data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Racy Tech will also retain your usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our platform, or we are legally obligated to retain this data for longer time periods.

Transfer of your Personal Data

Your personal information and data is processed at Racy Tech’s operating offices and in any other places where servers and the parties involved in the processing are located. It means that this information may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Your consent to this privacy policy followed by your submission of such information represents your agreement to that transfer.

Racy Tech will take all steps reasonably necessary to ensure that your personal information and data is treated securely and in accordance with this Privacy Policy.

International Users

By using the Platforms, you understand and agree that Racy Tech will transfer data to the United States and other global jurisdictions. By choosing to access or utilize the Platforms or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of Delaware, United States, and the adjudication of any disputes arising in connection with Racy Tech or the Platforms will be in accordance with the Terms of Use which can be found at www.racytech.com/terms.

If you are accessing the Platforms from the European Economic Area, the United Kingdom, Switzerland, or another jurisdiction with laws governing the cross-border transfer of personal data, please be aware that your personal information may be transferred to, stored in, and processed in the United States and other jurisdictions where Racy Tech or its service providers operate, and where data-protection laws may differ from those of your jurisdiction. Where required by applicable law, Racy Tech relies on appropriate safeguards for such transfers, including the European Commission’s Standard Contractual Clauses or the UK International Data Transfer Addendum, or another lawful transfer mechanism. You may contact us at the address in Section 11 to request additional information regarding the safeguards we have implemented.

Security of your Personal Data

The security of your personal information and data is important to us, but please be aware that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information and data, we cannot guarantee its absolute security. Any natural or legal person who processes the data on behalf of Racy Tech may have access to your personal information or data. These third-party vendors collect, store, use, process and transfer information about your activity on our platform in accordance with their respective privacy policies. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RACY TECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SECURITY OF YOUR PERSONAL INFORMATION, AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, DISCLOSURE OF, ALTERATION OF, OR DESTRUCTION OF YOUR PERSONAL INFORMATION, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ANY LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS OF USE ARE INCORPORATED HEREIN BY REFERENCE.

Disclosure of Your Information

Information We May Disclose

Some content or applications, including advertisements, on the Website may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this Privacy Policy:

• to our subsidiaries and affiliates;
• to contractors, service providers, and other third parties we use to support our business and who may be 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 Racy Tech’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Racy Tech about our Platforms’ users is among the assets transferred;
• to third parties to market their products or services to you if you have these disclosures (for more information, see Choices About How We Use and Disclose Your Information);
• to fulfill the purpose for which you provide it;
• for any other purpose disclosed by us when you provide the information; and
• with your consent.

We may also disclose your personal information:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Use which can be found at www.racytech.com/terms and other agreements, including for billing and collection purposes;
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Racy Tech, our customers, or others (this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction).

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Promotional Offers from Racy Tech. If you do not wish to have your email address/contact information used by Racy Tech to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the order form/registration form) or at any other time by logging into your account and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to privacy@racytech.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to Racy Tech as a result of a product purchase, warranty registration, product service experience or other transactions.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by emailing us at privacy@racytech.com. For this opt-out to function, you must have your browser set to accept all browser cookies.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see “Your California Privacy Rights” below for more information.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: privacy@racytech.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

If you are a Washington State resident, the Washington My Health My Data Act (“WMHMDA”) provides additional rights with respect to the consumer health data we collect through the Platforms (such as heart rate, blood pressure, blood glucose, and medication tracking data). We do not sell consumer health data and do not use geofencing to target individuals near healthcare facilities. Where required by the WMHMDA, we will obtain your separate written authorization before collecting or sharing your consumer health data for purposes beyond those described in this Privacy Policy, and you may withdraw any such authorization at any time by contacting privacy@racytech.com. Subject to applicable exceptions, you have the right to confirm, access, and request deletion of your consumer health data, and to withdraw authorization, without discrimination. To exercise these rights, contact us at privacy@racytech.com.

State Privacy Rights

If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah or Virgina, you may have certain rights in relation to the personal information we collect from you. However, these rights are not absolute, and we may decline your request as permitted by law. These rights include:

• Right to know whether or not we are processing your personal data;
• Right to access your personal data;
• Right to correct inaccuracies in your personal data;
• Right to request the deletion of your personal data;
• Right to obtain a copy of the personal data you previously shared with us;
• Right to non-discrimination for exercising your rights; and
• Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California’s privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects (“profiling”).

Depending on the state you live in, you may also have the following rights:

• Right to access the categories of personal data being processed (as permitted by applicable law, including the privacy law in Minnesota);
• Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including the privacy law in California, Delaware, and Maryland);
• Right to obtain a list of specific third parties to which we have disclosed personal data (as permitted by applicable law, including the privacy law in Minnesota and Oregon);
• Right to review, understand, question, and correct how personal data has been profiled (as permitted by applicable law, including the privacy law in Minnesota);
• Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including the privacy law in California); and
• Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including the privacy law in Florida).

To exercise these rights, please contact us at: privacy@racytech.com.

If you are a California resident, you have the right to request that Racy Tech discloses the specific personal information and categories we have collected about you. To request this information, please contact us at: privacy@racytech.com. You can also request to have your personal information deleted that has been collected about you. To submit a deletion request, please contact us at: privacy@racytech.com. We may not be able to accommodate a request if we believe that it would violate any law or legal requirement.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platforms, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platforms. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platforms.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated. 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/or through a notice on our website’s home page. The date the Privacy 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 Platforms and this Privacy Policy to check for any changes.

Children’s Privacy

The Platforms are not directed to children under the age of thirteen (13), and Racy Tech does not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Platforms, register on the Platforms, make any purchases through the Platforms, use any of the interactive or public-comment features of the Platforms, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the address set forth in the Contact Information section below.

Contact Information

To ask questions or comment about this Privacy Policy, contact us at: privacy@racytech.com.