Privacy Policy

Last Revised: June 2, 2017

This privacy policy (“Privacy Policy”) describes the collection of information by Occly LLC (and together with any applicable affiliate, “Occly”, “Company,” “we” or “us”) when you use http://www.occly.com and any other websites and social media platforms that are owned and/or controlled by us (collectively, the “Website”) and use Occly’s wearable personal security devices (collectively, “Occly Devices”) and any other hardware or other products (collectively, the “Products”), the Occly application (the “Occly App”) and any other mobile or wearable device application (collectively, the “Applications”), any software included in the Occly Devices, the other Products and/or Applications and any standalone software (the “Software”) and any other services provided by Occly in connection with, related to or otherwise with respect to the foregoing (collectively, the “Service”). This Policy also describes our use and disclosure of such information. By using our Service, you consent to the collection, use, disclosure and display of information by us as set forth in this Privacy Policy. This Privacy Policy is incorporated by reference into www.occly.com/terms-of-use (the “Terms of Use”) and subject to the provisions thereof. All capitalized terms used in the Privacy Policy but not defined herein shall have the meaning assigned to such term in the Terms of Use.

This Privacy Policy does not cover information that you submit on websites or social media platforms or through applications that we do not own and control (“Third Party Services”), even if we communicate with you on or through them. For example, if you post something on a third party site, that information is governed by the privacy policies on such website, and is not governed by this Privacy Policy.

In the event you decline to submit any information through the Service, it may result with the inability to provide our Service to you.

THE INFORMATION WE COLLECT

There are two kinds of information that we can obtain about you: “Anonymous Information” and “Personally Identifiable Information.”

“Anonymous Information” consists of non-personally-identifiable data, such as your Internet Protocol (“IP”) address or domain, or information about your usage on the Website that is used for administrative purposes only. For example, an IP address is a unique string of numbers that is assigned to your computer by your Internet Service Provider. Web servers automatically identify your computer by its IP address. We may collect our users’ IP addresses for such purposes as to help diagnose problems with our servers and to report aggregate information to our advertisers, corporate affiliates and consultants, and to third parties that perform particular services on our behalf. We may also use the information linked to IP addresses to ban users who violate our Privacy Policy and the Terms of Use.

We engage third parties, such as Google’s Analytics to provide analytics about the use of our Website. These entities may use cookies, web beacons, pixels, embedded scripts, and other technologies to automatically collect information about your use of the Website, such as your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information.

“Personally Identifiable Information” is any information that personally identifies you, such as your name, street address, date of birth, photograph, email address and telephone number. We collect such information when, for example, you create an Account. In addition, as you use the Service, we may collection additional information, such as profile information, including gender, height, weight, hair color, eye color and personal relationships; medical conditions; audio, image and video recordings; credit card and other billing information; and personal and contact information you provide to us through information pages, feedback pages, email correspondence, dispute resolution or shared by you from Third Party Services.

When we collect Personally Identifiable Information from you, you will have the opportunity to “opt in” to receive email or other digital communications from us and/or our business partners.

Some Types of Information We Collect

  • Geolocation Information. We collect your unique user identifier and your location through GPS, Wi-Fi, or wireless network triangulation in order to obtain your location for the purposes of providing our Service. Unless you have turned off location services to the Occly App, we will continue to collect your location information in order to provide the Service.
  • Cellular/WiFi network information. We collect cellular and/or Wifi network quality measurements from your mobile phone. This allows us to properly provide some of the Services offered to you.
  • Usage Content. We collect information when you post or transmit Usage Content through use of the Service. We may also retain any emails or other Alerts you send to Occly.
  • Information Received from Other Users. We may receive information about you from other Users, such as when they invite you to join their network.
  • Information You Provide About Your Third Party Accounts. You may be able to link your Account to certain Third Party Services. In order to do so, you may provide us with your username or other user ID (i.e., your Facebook ID, Twitter ID, ETC.) on each of those Third Party Services. You may also be required to engage in an authorization process with each of those Third Party Services, where we receive a token that allows us to access those accounts so that we can, for example, when you choose, post your content, or links to your content, to those services. We do not receive or store your passwords for your Third Party Service accounts.
  • Information Obtained From Third Party Services. In some cases, we may obtain supplemental information about you from third parties such as demographic data, as permitted by law. To the extent we obtain such information, we may use the information about you that we receive from third parties to improve and personalize the Service.
  • Cookies. A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a site, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each site can send its own cookie to your browser if your browser's preferences allow it. We use “cookies” for record-keeping purposes. We use cookies to deliver content specific to your interests and to save your password so you do not have to re-enter it each time you visit the Website.
  • Log Data. Our servers may automatically record log data information (“Log Data”) from anyone who uses the Service. Log Data may contain details such as your web request, IP address, browser type, browser language, the address of the web page you were visiting before you came to the App, date and time of your request and one or more cookies with the help of which your browser can be recognized. Other actions, such as interactions with our Service, may also be included in the Log Data.
  • Occly Device Information. We will also collect information about the Occly Device you are using, including its type, the operating system being used to use the Service, device settings and unique device identifiers, wifi and/or cellular network information including radio kpi.

HOW WE USE INFORMATION COLLECTED FROM YOU

We may use both Personal Identifiable Information and Anonymous Information collected from you in any one or more of the following ways:

  • To register and service your Account;
  • To administer and improve the Service;
  • To resolve disputes and troubleshoot problems;
  • To prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our Service terms;
  • To compare information for accuracy, and verify it with third parties;
  • For our internal records, tracking and business purposes;
  • To contact you to respond to your questions or requests or to provide you with technical support;
  • To provide you with information regarding changes to the Service which may affect your Account, your use of the Service, and/or the products and services available through the Service;
  • To customize the user experience of the Service;
  • To help improve user experience of the Service;
  • To analyze trends, track user movement and gather statistical information for aggregate use; and
  • To promote the Service or customize advertising that may be visible to you in connection with the Service.

HOW WE SHARE OR DISCLOSE INFORMATION COLLECTED FROM YOU

Except as described in this Privacy Policy, we will not disclose your Personally Identifiable Information that we collect through the Service to third parties without your authorization. This Privacy Policy does not restrict our use or disclosure of Anonymous Information. We may disclose your Personally Identifiable Information to third parties if you consent to use doing so, as well as in the following circumstances:

  • CrowdWise. We will share your Personally Identifiable Information with other Users through CrowdWise.
  • Alarms. We may disclose Personally Identifiable Information to other Users, first responders, safety personnel, law enforcement, governmental agencies, or authorized third-parties in response to an Alarm, whether through an Alarm Alert or otherwise. Please note that we may, at our discretion, purge, destroy, delete, sanitize, anonymize, or compile any and all incident and other information collected by our Service in connection with an Alarm.
  • Investigations. We may disclose Personally Identifiable Information to law enforcement, governmental agencies or authorized third-parties in response to a request relating to a criminal investigation, investigation of fraud, alleged illegal activity or any other activity that may expose us, you, or any other User or person to physical harm or legal liability.
  • Business Transfers. We may at any time buy or sell/divest the Company, or any combination of its products, services, assets and/or businesses. Personally Identifiable Information such as customer names and email addresses, and other user information related to the Service will likely be one of the items transferred in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings.
  • Service Providers. We may disclosure your Personally Identifiable Information to third-party service providers that assist us in our operations and otherwise perform services on our behalf, including but not limited to monitoring services, application developers, data storage and processing facilities providers, accounting, marketing, hosting services, customer service, data analysis and market research partners.
  • Testimonials. We may post user testimonials which may contain Personally Identifiable Information. If you wish to request the removal of your testimonial, you may contact us at privacy@occly.com.

In all cases, we will only use your Personally Identifiable Information as permitted by law. Notwithstanding any other provision of this Privacy Policy to the contrary, we may disclose Personally Identifiable Information to others if we are required to do so by law or we in good faith believe that such action is necessary to (a) comply with the law or with legal process; (b) protect and defend our rights and property; (c) protect against misuse or unauthorized use of the Service; or (d) protect the personal safety or property of our users or the public. Please note that we may not provide you with notice prior to disclosure in such cases.

HOW TO ACCESS AND UPDATE YOUR INFORMATION

You can access, review and make changes to certain of your Personally Identifiable Information by logging into your Account and updating your profile.

If you want to delete your Account, you may contact us in writing at customerservice@occly.com with the subject “Delete My Account.” In any correspondence on behalf of yourself, please include your name and email address. Deleting your Account will not immediately remove all content from our systems, as caching of, backups of, copies of, or references to your Account profile may not be immediately removed.

MINORS

The safety of minors is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Website is not directed to minors under the age of 18 except when a minor has created an Account, or had an Account created for such minor, that is linked to or associated with a Parent Subscriber.

We will abide by the Children’s Online Privacy Protection Act (“COPPA”) and will never knowingly request Personally Identifiable Information from anyone under the age of 13. In the event we discover we have collected information from a child under 13 years of age in a manner inconsistent with COPPA’s requirements, we will either delete the information or immediately seek the parent’s consent for such collection. By a Parent Subscriber entering into a Terms of Use, such Parent Subscriber has irrevocably consented to Occly collecting Personally Identifiable Information with respect to any minor that has an Account linked to or associated with such Parent Subscriber and to Occly using and disclosing any such Personally Identifiable Information pursuant to this Privacy Policy as if such minor was an adult.

GENERAL TERMS

Links to Third Party Apps, Websites and Services.

We are not responsible for the practices employed by third party websites or other applications or services linked to or from the Service nor the information or content contained therein. When you navigate away from the Service to another application or website, our Privacy Policy is no longer in effect.

California Statutory Rights.

Under California Civil Code sections 1798.83 – 1798.84, California residents who have an established business relationship with Company are entitled to ask us for a notice describing what categories of personal customer information we share with third parties for those third parties' direct marketing purposes and to opt-out of sharing your Personally Identifiable Information with third parties for direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties with which it was shared, along with their names and addresses. If you choose to opt-out or would like a copy of this notice, please submit a written request to the following address: Occly LLC, California Resident Privacy Request, c/o Occly Privacy Department, 2835 North Sheffield Ave., Suite 217, Chicago, IL 60657. Please allow 30 business days for a response.

Financial Relationships

Please note that Company may have financial relationships with some of the merchants/vendors mentioned on the Website or otherwise through the Service. In some instances, Company may be compensated if consumers choose to utilize the links located throughout the content on the Website or otherwise made available through the Service and generate sales for said merchant/vendor.

Security

Your Information as provided to us through the Service will be stored in a secure manner. We have implemented a variety of commercially standard encryption and security technologies and procedures to protect your Personally Identifiable Information from unauthorized access. Please be aware, however, that the Internet is an inherently insecure medium and no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk.

Updates to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will also revise the “last revised” date at the beginning of this Privacy Policy. Your continued use of the Service after such changes will be subject to the then-current policy. If we change this Privacy Policy in a manner that is materially less restrictive of our use or disclosure of your Personally Identifiable Information, we will use reasonable efforts to notify you of the change prior to the date the change becomes effective. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices.

“Do Not Track” Policy

The Service does not currently respond to a “do not track” or similar signal.

Contacting Us

If you have any questions or comments about this Privacy Policy, please contact us at: customerservice@occly.com