EFFECTIVE DATE: JAN 1 2017
1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF THE APP
The App is designed to help improve User habits that may help improve a User's personal wellness. Quantified Habits makes the App available to Users to provide a User personal feedback and information to potentially improve such User's wellness by prompting certain User actions based on contextual feedback and interactions. More information about the App and its features can be found by emailing us at firstname.lastname@example.org
Quantified Habits reserves the sole right to either modify or discontinue the App, including any features therein, at any time with or without notice to User. Quantified Habits shall not be liable to User or any third party should Quantified Habits exercise such right. User understands and agrees that temporary interruptions of this App may occur as normal events. User further understands and agrees that Quantified Habits has no control over third party networks that User may access in the course of the use of this App, and therefore, delays and disruption of other network transmissions are completely beyond Quantified Habits’ control. User understands and agrees that this App is provided “AS IS” and that Quantified Habits makes no warranties or guarantees of any kind with relation to the App or its use.
3. USER ACKNOWLEDGEMENTS
3.2 System Requirements. User acknowledges that the App will not be fully accessible or functional without: (i) a working wireless (Wi-Fi) network or cellular/mobile network connection; (ii) an access/activation code and/or user account; (iii) a mobile device such as a phone or tablet; and (iv) other system elements or specifications that may be specified by Quantified Habits. It is User’s responsibility to ensure that User has all required system elements.
3.3 App Data and Analytics. The App collects, stores, processes and analyzes App Data (defined below) and produces Analytics (as defined below). Accordingly, after a User has installed and activated the App, a variety of technologies are employed to automatically or passively collect App Data. The term “App Data” means all data and information that are provided by User during installation, activation and subsequent use of the App, and all other data and information about the User that are otherwise discerned or collected by Quantified Habits based on User’s access to and use of the App. The term “Analytics” means User profile statistics, metrics, abstractions, aggregations, and other analyses that are based on or derived from the App, App Data, or User’s use of the App. App Data and any resulting Analytics will primarily be used in anonymized and aggregated form, however, Quantified Habits makes no guarantee that all App Data and resulting Analytics will be used in this form or that Quantified Habits will not deviate from the practice of primarily anonymizing and aggregating App Data and resulting Analytics.
3.4 No Life-Safety or Critical Uses of the App. User acknowledges and agrees that the App is not certified for use with any emergency response or healthcare related electronics or products. USER AGREES THAT USER WILL NOT RELY ON THE APP OR THE SERVICE FOR ANY LIFE SAFETY, MEDICAL OR CRITICAL PURPOSES.
3.5 Not Healthcare Services. Quantified Habits and the App does not offer or provide any kind of medical advice, medical device, medical application, health insurance or other healthcare service, including without limitation, any medical counseling, testing, medication, procedure or therapy related to the avoidance, prevention, diagnosis or treatment of any acute or chronic illness, disease or condition (referred to as “Healthcare Services”). The App is not a substitute for Healthcare Services. Always seek the advice of your physician or other qualified healthcare provider with questions regarding any medical condition, or call 911 in an emergency. You expressly agree that you will not use the App for any Healthcare Services and you shall not rely on the App for any medical purpose whatsoever.
The App is intended only as a tool, which can be used to assist User in monitoring User’s personal habits. The App is not intended for use in any emergency or urgent matters. As a result, of its limited role as a tool for monitoring User’s personal habits, Quantified Habits has no control over the appropriateness, accuracy, quality, timeliness, scope, price or risks of or associated with any Healthcare Services. Therefore, User agrees to release Quantified Habits from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Healthcare Services (including any injuries or disability arising therefrom) or User's use of the App in any way other than intended and expressly authorized under this Agreement.
3.7 License; Employer Data Sharing. You hereby grant us an irrevocable, perpetual, unlimited, royalty-free, sublicensable, transferable right and license to use any User Data for our commercial and internal business purposes, including without limitation making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody any User Data whether in whole or in part, and whether as provided or as modified, and to make derivatives of any User Data. Without limiting the foregoing, you expressly acknowledge and agree that we may share User Data, on a de-identified basis, with your employer or other organization that provides you an access code for the App. For purposes hereof, "User Data" means any data, information, content or other content (i) You input into the App, (ii) that is generated by the App based on your use of the App (including, without limitation, base on Location-based Services), or (iii) that is processed or created by Us with regard to the foregoing.
4. ELECTRONIC CONTRACTING AND NOTICES
5. USER AND USE REQUIREMENTS
5.1 Accuracy. User agrees to: (i) provide true, accurate, current and complete information about User and User’s property as prompted by Quantified Habits’ forms and in any other related document or agreement; (ii) to maintain and update User’s information to keep it true, accurate, current, and complete, where and when such information is required. User acknowledges that, if any information provided by User is untrue, inaccurate, not current, or incomplete, Quantified Habits reserves the right to terminate User’s use of the App and withdraw any offer or agreement.
5.2 Restrictions. While using the App, you agree that you will not: (i) violate any laws, third party rights or our policies; (ii) use our App or submit any of our forms if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our Apps; (iii) manipulate our App, services, email responses or interfere with any other users use of the App; (iv) provide false, inaccurate, misleading, defamatory, or libelous information or content; (v) spoof or create any emails, content, correspondence or other information from us, including fake or fraudulent acceptances or offers; (vi) create any competitive service or feature (or otherwise establish a competitive business) based on, in whole or in part, any content on the App or any of our business ideas, (vii) distribute viruses or any other technologies that may harm Us, or the interests or property of Our users; (viii) copy, modify, or distribute rights or content from the App or commercialize any of our applications or any information or software associated with such applications; or (ix) harvest or otherwise collect information about users, including email addresses, without their consent. Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the App. You agree not to bypass any security or other features of the App designed to control the manner in which the App is used, harvest or mine content from the App, or otherwise access or use the App in a manner inconsistent with individual human usage. You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other App account without permission. You agree not to decipher, reverse engineer, decompile or disassemble the App, or the software used to provide the App, in whole or in part, or authorize, direct, or cause a third party to do so.
5.3 Location Based Services. Some of the features of the App enable Quantified Habits to tailor your experience based on your location or are required for the basic features and functionality of the App (“Location-based Services”), such as to prompt you with action or habit notifications based on your location. In order to use certain Location-based Services, you must allow Quantified Habits access to your localized position through your device, which Quantified Habits may accomplish through a variety of means, including GPS location, Bluetooth, iBeacon, GeoIP, or other available mechanisms. If you choose to disable Location-based Services on your device or to the App, you will not be able to utilize certain features of the App. By authorizing Quantified Habits to access your location or media files containing location based meta data, you agree and acknowledge that (i) location data we collect from you is directly relevant to your use of the App and (ii) Quantified Habits may, for so long as you allow Quantified Habits to access such location data or meta data, provide Location-based Services related to your then-current location. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APP OR A THIRD PARTY APPLICATION ORIGINATING A PIECE OF MEDIA CONTENT, AND QUANTIFIED HABITS DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND LOCATION-BASED SERVICES.
5.4 Channel Partner Terms. In the event that you obtain the App from Apple or Google and their related app stores and platforms, then the following shall apply (and shall apply only to such extent and as applicable):
2. You will only use the App in connection with an iOS or Android device that you own or control;
3. You acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App;
4. In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple or Google (as the case may be) of such failure; upon notification, and their sole warranty obligation to you will be to refund to you the purchase price, if any, paid for the App;
5. You acknowledge and agree that Quantified Habits, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the App;
6. You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Quantified Habits, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
7. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
8. Both You and Quantified Habits acknowledge and agree that, in using the App and its content, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;
10. In the event you use the App to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
6. DATA AND PRIVACY & AGE
7. APP USE
7.2 Prohibited Conduct. User may not use the App to gain unauthorized access to Quantified Habits’ network(s) or server(s), as determined by Quantified Habits in Quantified Habits’ sole discretion. User shall not interfere with any other user's use and enjoyment of the App, as determined by Quantified Habits in Quantified Habits’ sole discretion. User may not in any way harm Quantified Habits, the App, Users, or Quantified Habits’ Affiliates, or interfere with or manipulate the functioning or normal operations of any of the foregoing, as determined by Quantified Habits in Quantified Habits’ sole discretion. User’s use of the App may not, in any way, violate the intellectual property rights, including but not limited to, copyrights, trademark rights, trade secrets or patents of any person or entity. You may not use the App for any purpose other than your personal noncommercial use and you may not further distribute or provide the App in any manner. This description of prohibited conduct is not intended to be exhaustive, and Quantified Habits has sole discretion to determine what constitutes prohibited conduct for Users. Users who violate system or network security may incur criminal or civil liability.
7.3 Termination; Cooperation. User agrees that Quantified Habits may at any time, and at Quantified Habits’ sole discretion, terminate User’s access to the App without prior notice to User for violating this Agreement or at any time for any reason. In addition, User acknowledges that Quantified Habits will cooperate fully with investigations of violations of systems or network security at other websites or apps, including cooperating with law enforcement authorities in investigating suspected criminal violations.
8. THIRD PARTY APPS AND INFORMATION
This App may be linked to or accessed by (or provide links or access to) third party apps, sites or platforms, including, without limitation, a Test Platform ("Third Party Sites"). These Third Party Sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Quantified Habits’ control, and User acknowledges that Quantified Habits is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is Quantified Habits responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the App, Quantified Habits or Quantified Habits’ Affiliates, or any warranty of any kind, either express or implied.
9. INTELLECTUAL PROPERTY INFORMATION
Copyright (c) 2015 Quantified Habits Inc. All Rights Reserved.
10. USER SUBMITTED INFORMATION
10.2 Feedback. In the event that User submits to Quantified Habits or other third party, any reviews, criticisms, critiques, ideas for products, services, features, modifications, enhancements, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials relating to the App or Our business (collectively “Feedback”), User agrees that (i) Quantified Habits has no obligation to review, consider, or implement User’s Feedback, or to return to User all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Quantified Habits is not under any obligation to keep any Feedback User sends confidential or to refrain from using it in any way; and (iii) User irrevocably grants Quantified Habits and its successors and assigns, perpetual and unlimited permission and license to use, reproduce, modify, and distribute, display, and perform Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody Feedback whether in whole or in part, and whether as provided or as modified.
10.3 Suspected Copyright Violations. Quantified Habits respects the intellectual property of others, and Quantified Habits ask Users to do the same. If User believes its copyright, trademark or other property rights have been infringed by the App, User should send notification to Quantified Habits, via the contact information on the App, immediately. To be effective, the notification must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) information reasonably sufficient to permit Quantified Habits to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iii) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Quantified Habits to locate the materials; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), Quantified Habits’ Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of Users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Notice of Claimed Infringement:
Quantified Habits Inc.
10.4 Removal of Infringing Content. Quantified Habits will remove the infringing App content, subject to the procedures outlined in the Digital Millenium Copyright Act. User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, Quantified Habits may immediately remove the identified materials from Quantified Habits’ App without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
11. DISCLAIMER OF WARRANTIES
THE APP AND ALL APP CONTENT ON, AND SERVICES PROVIDED THROUGH, THIS APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, QUANTIFIED HABITS MAKES NO WARRANTY THAT (A) THE APP, APP CONTENT AND SERVICES WILL MEET USER’S REQUIREMENTS, (B) THE APP, APP CONTENT AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP, SERVICES OR APP CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM THE APP FROM QUANTIFIED HABITS OR QUANTIFIED HABITS’ AFFILIATES WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. QUANTIFIED HABITS MAY MAKE CHANGES TO THE APP, APP CONTENT AND SERVICES ON THIS APP. THE USE OF THE APP, SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS APP IS DONE AT USER’S OWN DISCRETION AND RISK AND WITH USER’S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM(S) OR NETWORK(S) OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL QUANTIFIED HABITS OR QUANTIFIED HABITS’ AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT QUANTIFIED HABITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP, THE SERVICE, OR ANY APP CONTENT, OR WEB APP REFERENCED OR LINKED TO FROM THIS APP. FURTHER, QUANTIFIED HABITS SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS APP OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS APP, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. QUANTIFIED HABITS AND ITS AFFILIATES MAXIMUM LIABILITY UNDER THIS AGREEMENT AND FOR ANY CLAIMS RELATED TO A USER'S USE OR ACCESS TO THE APP SHALL BE $100. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
14. INTERNATIONAL USE
Although this App may be accessible worldwide, Quantified Habits makes no representation that materials on this App are appropriate or available for use in locations outside the United States, and accessing them from territories where the App is illegal or prohibited. Users who choose to access this App from other locations do so on User’s own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this App is void where prohibited. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
15. TERMINATION OF USE
16. LAW & VENUE
18.1 Time Limit for Cause of Action. Any cause of action brought by User against Quantified Habits or Quantified Habits’ Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
18.3 Force Majeure. In addition to any excuse provided by applicable law, Quantified Habits shall be excused from liability for non-delivery or delay in delivery of products and services available through this App arising from any event beyond Quantified Habits’ reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Quantified Habits’ reasonable control, whether or not similar to those which are enumerated above.
18.9 THIRD PARTY DISPUTES. QUANTIFIED HABITS IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, PUBLIC UTILITY, EMPLOYER OR ADVERTISER, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, PUBLIC UTILITY, ADVERTISER, EMPLOYER OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE QUANTIFIED HABITS APP, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE QUANTIFIED HABITS (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Effective Date: June 1 2015
The following terms shall have the following meanings for purposes of this Agreement. Capitalized terms not defined in this Section are defined elsewhere in the Agreement.
"Affiliate(s)” means Quantified Habits’ owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers and advertising providers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this App.
“App Content” means any content, information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by Users on the App and related webpages and websites.
"User" "You" and "Your" (and similar terms) means the individual or entity installing and/or using the App.
4. TYPES OF INFORMATION COLLECTED
4.1 Personally Identifiable Information. Personally Identifiable Information refers to information that lets Quantified Habits know the specific identity or other personal information of Users. As described below, the App generally doesn't collect Personally Identifiable Information with regard to your interactions with the App. However, there may be times when We do receive Personally Identifiable Information from You. For example, when a User contacts Quantified Habits or sends Quantified Habits an email (via the App or otherwise), Quantified Habits may ask User to provide certain information about User by filling out and submitting an online form or otherwise providing such information.
You also acknowledge that Quantified Habits may distribute the App through a third party distributor, via a testing app or platform or as part of a beta testing type program (collectively, a "Test Platform"). In order to utilize a Test Platform, it may be necessary for User to provide Personally Identifiable Information including, but not limited to, email address and first and last name, to such provider or platform. If User is using the App as part of a Test Platform, User may be required to provide Personally Identifiable Information when submitting reviews or feedback on the App. User understands and acknowledges that Quantified Habits may have access to this Personally Identifiable Information.
4.2 Non-Personally Identifiable Information. Non-Personally Identifiable Information refers to information that does not by itself identify a specific User. Quantified Habits gathers certain information about Users based upon User’s use of and interaction with the App in several ways. This information is compiled and analyzed on both an individual de-identified and an aggregated basis.
Upon initial use of the App, Users will be prompted to enter an activation/access code in order to use the App. This activation/access code will be provided to the User by the organization/employer in connection with which User is using the App, for example User’s employer, or by Quantified Habits. The activation/access code is an enterprise level code and will not personally identify User or User’s individual device. However, upon installation, a random identification number will be generated and assigned to User’s particular individual install instance. As with the activation/access code, this random ID will not personally identify User.
5. COLLECTION METHODS
5.1 Voluntary Disclosure of Personally Identifiable Information. Quantified Habits does not collect any Personally Identifiable Information about a User unless a User voluntarily provides it to Quantified Habits or a Test Platform (via App permissions or otherwise). Users provide certain Personally Identifiable Information to Quantified Habits when User (i) transmits other information by telephone or email, including Quantified Habits’ “contact us” form; or (iii) provides it via other methods Quantified Habits may request or allow from time to time. A User may provide, access or receive Personally Identifiable Information to or from Test Platforms as part of a test deployment (and all such collection and use of Personally Identifiable Information by such third parties are subject to their own policies as set forth in Section 12 below).
5.2 Automatic Collection of Non-Personally Identifiable Information. In addition, Quantified Habits may also automatically collect certain Non-Personally Identifiable Information. Quantified Habits may use non-personally identifiable information to diagnose problems with Quantified Habits’ servers, software, and to administer the App. Quantified Habits may also use such information to modify, improve or change the App. Non-Personally Identifiable Information discussed in section 5.2 may be collected automatically through the normal functioning of the App and transmitted to Quantified Habits’ servers or databases or to third parties providing such services.
5.3 App Collection. When you download, access and use our App, it may use technology to automatically collect the following information or data. As described in Section 5.1 above, generally the following information shall not be Personally Identifiable Information as it will not be tied to you individually via a Device ID or personal information such as email or name, but such information shall be connected with a unique random ID number that We provide upon installation (and this may be considered Personally Identifiable Information if the random number was ever matched to other Personally Identifiable Information)
(a) App Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including location data and other communication data and the resources that you access and use on or through the app.
(b) Device Information. If you download our App, we may collect information from your mobile device, like make, model, OS, and other similar information. This may also include information related to the state of the end-user device (e.g. location services on/off, Bluetooth on/off, WiFi on/off, cellular data on/off, and other similar information)
(c) Location Information. Our App collects real-time information about the location of your device to provide you services and to make it easier for you to use our service.
(e) Contextual Information. Our App collects information about the proximity of your device to fixed and mobile Bluetooth Low Energy Beacons and other location devices, about your historic interaction with these beacons, and other information you may voluntarily provide to enable context-relevant applications.
(e) Apps/Permissions. We may collect information about the app permissions (e.g., deliver notifications, use location services, use Bluetooth, and other similar information).
(f) Other Information. We may collect other information as required to provide and operate the App.
The foregoing information may be connected with your Personally Identifiable Information if you are part of Test Platform.
5.4 BLE Locational Technologies. The App and certain of its functionality is dependent on Bluetooth Low Energy beacons (referred to as “BLE beacon”). The App will access and use information related to such BLE beacons to provide the services and functionality available via the App. This information may include, but is not limited to, when a User’s mobile device detects a BLE beacon, the location of the BLE beacons that User’s device detects, whether or not User receives a push notification when a BLE beacon is detected by User’s phone, and any action User takes upon receipt of a push notification. Bluetooth Low Energy is a technology whereby mobile devices interact with fixed wireless radios and other devices. Further, BLE devices, including, but not limited to BLE beacons, may interact with Internet access points. Quantified Habits utilizes one-way transmitting BLE beacons to enhance the User experience and to provide the App. When a User enters the proximity of a BLE beacon, a one-way signal from the BLE beacon will register with the App and may trigger various App functions. The BLE beacons used by Quantified Habits do not collect any information from Users.
5.6 Testing Platforms. If you download or access the App via a Test Platform, we may receive certain information from such provider, including Personally Identifiable Information.
6. USE OF INFORMATION
Quantified Habits will primarily use User’s Personally and Non-Personally Identifiable Information to provide the App to Users . We will also use such information that we collect about you or that you provide to us, including any Personally Identifiable Information, to:
(a) Contact. Quantified Habits may use Personally and Non-Personally Identifiable Information to deliver information to a User and to contact User regarding administrative notices. We use information to respond to Your requests or questions.
(b) Business Purposes. We may use any Personally and Non-Personally Identifiable Information as may be related to our business operations and activities. User acknowledges and agrees that Quantified Habits shall have the right to aggregate data collected from User’s use of the App with other users and present the results of such aggregation to internal personnel at Quantified Habits and to third parties external to Quantified Habits and User, including, but not limited to, User’s employer. We will also use your information to fulfill any other purpose for which you provide it. We may also use information you provide to carry out our obligations and enforce our rights arising from any contracts entered into between You and Us.
(c) Product Purposes. We use your information to help us improve our products and services. We may use information to customize and improve your experience. For example, we might look at usage trends to make sure App is easy to use.
(d) Updates. We may send you email or push notifications about your account, transactions, or changes to our sites, applications, or policies.
(e) Security. We may use information to protect our company, our customers, our websites, or our applications.
(f) Services to Employers. We may provide aggregated and/or de-identified information to your employer as related to App usage and as otherwise required by us to provide information to such employers.
(g) Permitted by Law. We may use your information as otherwise as permitted by law.
7. DISCLOSURE OF INFORMATION
Quantified Habits may disclose, share or otherwise provide information (both Personally and Non-Personally Identifiable Information) as follows:
(a) Aggregated Data. We may disclose aggregated and/or de-identified information about our Users without restriction. User acknowledges and agrees that Quantified Habits shall have the right to aggregate and de-identify data collected from User’s use of the App with other users and present the results of such aggregation or de-identification to internal personnel at Quantified Habits and to third parties external to Quantified Habits and User, including, but not limited to, User’s employer.
(b) Service Providers. We may share information with contractors, service providers and other third parties we use to support our business and the App.
(c) Change in Corporate Ownership. We may share information with 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 Our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information is among the assets transferred. If Quantified Habits should ever file for bankruptcy or have Quantified Habits’ assets sold to or merge with another entity (or otherwise engage in any business combination or similar transaction), information Quantified Habits receives from User through use of this App is Quantified Habits’ asset and may be transferred without any restriction.
(d) To Protect Rights. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Us, our customers or others.
(e) Legal Purposes. To comply with any court order, law or legal process, including to respond to any government or regulatory request. Quantified Habits fully cooperates with law enforcement agencies in identifying those who use Quantified Habits’ App or related services for illegal activities. Quantified Habits reserves the right to report to law enforcement agencies any activities that Quantified Habits, in good faith, believes to be unlawful.
(f) To Employers. We may provide aggregated and/or de-identified information to Your employer as related to App usage and as otherwise required by Us to provide services to such employers.
(g) To Affiliates. We may provide information to any Affiliate.
(h) As Disclosed. For any other purpose we disclose when You provide the information.
(i) With Your Consent. Otherwise with your consent.
8. Updating and Correcting Information. Quantified Habits believes Users should have the ability to access and edit the Personally Identifiable Information that you have provided to Quantified Habits. User may contact Quantified Habits to determine what Personally Identifiable Information we have on a User by contacting Quantified Habits through the appropriate contact information or forms located in the App or on Quantified Habits’ website or webpages.
Please include first and last name, address, and email address when contacting Quantified Habits. It may be impossible to completely delete User’s Personally and Non-Personally Identifiable Information without some residual information because of reasons including, but not limited to, server backups. User acknowledges that altering, updating or deleting any Personally or Non-Personally Identifiable Information may alter the functioning or operation of the App for User.
10. Required Mobile Device Settings. The App may require User to enable certain features or functionality on User’s mobile device prior to accessing the Apps offered through the App, including, but not limited to, Location Services, Notifications, and Bluetooth radio. Users may be prompted to affirmatively opt-in to the use of these features and functionality (depending on the platform requirements on which the App is run). These functions are required for the App to perform as intended. Location Services enable Quantified Habits to aggregate Non-Personally Identifiable Information across different data sources and allows User’s device to detect BLE beacons when the App is closed. The App will use the Location Services functionality of User’s mobile device only when User’s mobile device detects a Quantified Habits BLE beacon. Notifications are required for the App to provide User with information when a BLE beacon is detected. If User’s screen is locked, a banner notification will still appear on User’s mobile device. Users will have the ability to adjust the frequency of notifications within the App. Bluetooth enablement is required for the App to receive information from BLE beacons.
11. Background Operation of App. The App will continue to run in the background on User’s mobile device even if User exits, closes or “kills” the App. As a result, User’s mobile device will continue to interact with BLE beacons and the App will continue to transmit information to Quantified Habits’ servers or databases, or to third parties providing such services, after taking such action. If User wishes to stop the App from functioning, User should uninstall the App immediately.
12. Security of Information. The importance of security for all Personally and Non-Personally Identifiable Information associated with Quantified Habits’ Users is important to Quantified Habits. Quantified Habits uses reasonable efforts to protect User’s Personally and Non-Personally Identifiable Information so that it is secure. User acknowledges that no data transmission over the Internet or any wired or wireless network can be guaranteed to be 100% secure and neither can the storage of such data or information. As a result, while Quantified Habits strives to protect User’s Personally and Non-Personally Identifiable Information, User acknowledges that (i) there are security and privacy limitations of the Internet which are beyond Quantified Habits’ control; (ii) the security, integrity and privacy of any and all information and data exchanged between User and Quantified Habits through this App and data and information that is stored by Quantified Habits cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit or in rest by a third party. As a result, with regard to the security and integrity of Personally and Non-Personally Identifiable Information, User uses this App and any related services at User’s own risk.
14. MISCELLANEOUS PRIVACY ISSUES
14.1 Age Policies. User must be at least 18 years old to have Quantified Habits’ permission to use this App. Quantified Habits’ policy is that Quantified Habits does not knowingly collect, use or disclose any Personally Identifiable Information (or other information) about Users that are under 13 years of age.
14.4 Your California Privacy Rights. California Civil Code Section 1798.83 permits users of our application that 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 e-mail to email@example.com with "CA Privacy" in the subject line.