Legal - Privacy Policy (Website)

goTenna

PRIVACY POLICY

[Last Updated:  July 08, 2020]

We at goTenna, Inc.  and our subsidiary Global Mesh Labs, LLC  ( collectively, “goTenna,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we want you to know how information you provide to us is used and shared.  This Privacy Policy relates to the information and use practices of goTenna in connection our Products, our  websites located at www.gotenna.com, www.gotennapro.com, www.gotennamesh.com, www.globalmeshlabs.org, www.txtenna.com and www.inthemesh.com (collectively, the “Sites”), and our Apps.   

This Privacy Policy applies to visitors to the Sites, who view only publicly-available content, and users who register accounts with us. 

By visiting our Sites, purchasing Products, and/or downloading our App, you are agreeing to the terms of this Privacy Policy, the accompanying Terms of Use, the Product Terms of Use and Limited Warranty, and the App Terms, as applicable, all of which form the “Agreement”.  Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Product Terms [https://gotenna.com/pages/terms-of-use-product], The App Terms [https://gotenna.com/pages/terms-of-use-apps] or Terms of Use [https://gotenna.com/pages/terms-of-use-website].


The Information We Collect and/or Receive

In the course of operating the Sites and the App, and providing the Product, goTenna will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information. 

Contact Information.

When you contact us via the Contact Us page, purchase a Product through the Sites, register for an account, request an estimate, and at your option, when you use our Apps, you will be required to provide us with personal information about yourself, such as your name, e-mail address, mailing address, company name and phone number (collectively, “Contact Information”).  We do not collect any Contact Information from you unless you provide us with the Contact Information voluntarily (for example, by purchasing a Product through the Sites, creating an account on the Sites, requesting an estimate or sending us an email).  The Contact Information is used to establish and authenticate an account, to provide the requested products, services or information, and if you opt-in via a submission form or when you sign up for an account, to contact you for purposes of direct marketing of our current and future products and services. 

Billing Information.  

In order for us to process your Product purchases through the Sites, you will be required to provide certain billing information, such as your credit card number, expiration date, bank account information, billing address, verification code, and similar information (collectively, “Billing Information”).  Such Billing Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use.  We do not obtain access to any Billing Information. Currently, we use Shopify Payments to process credit card transactions. By making a purchase on the Sites, you agree to be bound by Shopify Payments’ terms and conditions and privacy policy.. 

Geolocational Information.  

Certain features and functionalities of the Apps and Products are based on your location.  In order to provide these features and functionalities while you are using a mobile device, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers.  Such information is collectively called the “Geolocational Information.”  Collection of such Geolocational Information occurs only when the Apps are running on your mobile device.  You may decline to allow us to collect such Geolocational Information, in which case we may not be able to provide certain features or functionalities to you.

Other Information.

In addition to the Contact Information, the Billing Information and the Geolocational Information, we may collect or receive additional information (collectively, the “Other Information”).  Such Other Information may include:

  1. From Your Activity.  In order to provide you certain features and functionalities of the Products and the Apps, and in an ongoing effort to improve our Products and our Apps, we automatically collect certain information when you use the Products and the Apps, and integrate it with your other devices and services.  Such information may include, without limitation:
  • IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on the Sites and Apps, what sections of the Sites and Apps you visit, etc.;
  • information about a mobile device, including universally unique ID (“UUID”), platform type and version (e.g., iOS or Android), carrier and country location, hardware and processor information, and network type; and
  • activity and usage information occurring via the Products. 
  1. From Cookies.  We collect information using “cookie” technology.  Cookies are small packets of data that a websites stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit to our Sites and Apps.  We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to help us collect Other Information and to enhance your experience using the Sites and Apps.  If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Sites and/or the Apps may not function properly.
  2. From You.  You may voluntarily provide us additional information about yourself that does not identify you personally.
  3. Third-Party Analytics and Remarketing.   We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, and ad servers with which we work use third-party analytics services (such as Google Analytics) to evaluate your use of the Sites, and from time to time, the Apps and the Products, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Sites, the Apps, the Products, and mobile and Internet usage.  These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.  

For more information on these third parties, including how to opt out from certain data collection, please visit the Sites below.  Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Sites and/or the Apps.

We also use one or more third-party remarketing services to advertise on third-party websites to previous visitors to our Sites. These third-party remarketing service providers use cookies to serve ads based on a past visit to the Sites. Any data collected by such third party remarketing service providers will be used in accordance with this Privacy Policy and the privacy policy of such third party remarketing services provider. For more information on such third party remarketing service providers, including how to opt out from certain data collection, please visit the following links:




 

In addition, you may opt-out of interest-based advertising by participating providers by visiting http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so.

The Information Collected by or Through Third-Party Advertising Companies

You authorize us to share Other Information about your activity and interaction with the Products with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising to you.  These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the Sites on which the pixel tag is located in order to learn which advertisement brings a user to a given Site.   

How We Use and Share the Information   

You authorize us to use the Contact Information, the Billing Information, the Geolocational Information and the Other Information (collectively, the “Information”) to provide the Sites, the Apps, and the Products and to improve the same; to process transactions; to solicit your feedback; and to inform you about our products and services and those of our promotional partners.     

You also authorize us to use and/or share Information as described below.

  • We will access, use, and share the Information as required to fulfill our contractual obligations to you and to address your questions or requests regarding our Products, services, and/or support.
  • We may employ other companies and individuals to perform functions on our behalf.  Examples may include providing technical assistance, order fulfillment, customer service, and marketing assistance.  In particular, goTenna uses a third-party cloud hosting provider to store user Information and configurations and engages third parties to provide customer support services. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
  • In an ongoing effort to better understand our customers and our Products, we may analyze certain Information in anonymized and/or aggregate form in order to operate, maintain, manage, and improve the Sites, the Apps, and/or our Products and services.  This anonymous information does not identify you personally. We may use this anonymous information, and share and/or license it with and to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose anonymous user statistics in order to describe our Products and business to current and prospective business partners and to other third parties for other lawful purposes.
  • We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
  • As we develop our businesses, we might sell or buy businesses or assets.  In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
  • To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of goTenna or others.

If goTenna intends on using your Information in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Information is collected.

Sharing of Your Personal Information with Non-Affiliated Third Parties

We will not share your Contact Information with non-affiliated third parties that may use such information to market to you, without obtaining your opt-in consent. For example, we may offer you a product opportunity that requires us to share your Contact Information with non-affiliated third parties that may use such information to market to you. We will obtain your opt-in consent to such sharing of your Contact Information when we present you with the terms of such offer.  If you have opted-in for this kind of sharing, then you may: (i) choose to opt-out of such sharing by contacting us at [privacy@gotenna.com]; or (ii) request certain information regarding our disclosure of such Personal Information to such non-affiliated third parties by contacting us at [privacy@gotenna.com].

If you would like to opt-out of our sharing of your Contact Information with its affiliates so that such affiliates can use your Contact Information to market to you, please contact us at [privacy@goTenna.com]. 

Retention of Contact Information 

We will retain your Contact Information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. After such time periods have expired, we may either delete your personal information or retain it in a form such that it does not identify you personally.

How We Protect Your Contact Information

We take commercially reasonable steps to protect your Contact Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.  Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Contact Information that you supply will not be intercepted while being transmitted to and from us over the Internet. 

Accessing and Modifying Contact Information and Communication Preferences

 Upon request to privacy@goTenna.com, you may access, review, and/or make changes to the personal information that you have provided to us. Please allow us a reasonable time to respond to your inquiries and requests. 

You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any goTenna marketing email.  Registered users cannot opt out of receiving transactional e-mails related to their account. We will use commercially reasonable efforts to process such requests in a timely manner.  You should be aware, however, that it is not always possible to completely remove or modify information in our databases.

Children 

We do not knowingly collect Contact Information from children under the age of 13 through the Sites.  If you are under 13, please do not give us any Contact Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Contact Information through the Sites without their permission.  If you have reason to believe that a child under the age of 13 has provided Contact Information to us, please contact us, at [privacy@gotenna.com] and we will endeavor to delete that information from our databases.

Important Notices to Non-U.S. Residents 

The servers used in connection with the operation and use of the Sites, the Product, and the App are operated in the United States. If you are located outside of the US, please be aware that any information provided to us, including personal information, will be transferred from your country of origin to the US. Except in the case of data transfers under the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, your decision to provide such data to us, or allow us to collect such data through our Sites constitutes your consent to this data transfer. 

Important Notice for Individuals of the European Economic Area, the United Kingdom and Switzerland

goTenna complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries, the United Kingdom and Switzerland transferred to the United States pursuant to Privacy Shield.  goTenna has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/  

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, goTenna is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

Pursuant to the Privacy Shield Frameworks, EU, U.K. and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States.  Upon request, we will provide you with access to the personal information that we hold about you. You may also may correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should contact us at [privacy@goTenna.com], with the subject line, “Privacy Shield.” We may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests.

We may transfer your personal information to a third party controller, but you may opt-out of such transfer at any time by sending us an email at [privacy@goTenna.com], with the subject line, “Privacy Shield”.

We will not disclose your sensitive personal information to any third party without first obtaining your opt-in consent.  You may grant such consent by contacting us at [privacy@goTenna.com]. In each instance, please allow us a reasonable time to process your response.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas. 

goTenna’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, goTenna remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless goTenna proves that it is not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles, goTenna commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union, United Kingdom and Swiss individuals with Privacy Shield inquiries or complaints should first contact goTenna at [privacy@goTenna.com] with the subject line, “Privacy Shield”.

goTenna has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU Privacy Shield. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

California Residents

Under California Civil Code Section 1798.83, California residents who have an established business relationship with we may choose to opt out of our sharing your Contact Information with third parties for direct marketing purposes.  If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Contact Information to third parties for the direct marketing purposes, please e-mail [privacy@gotenna.com].

In addition, goTenna does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

External Websites and Social Media

The Sites may contain links to third-party websites and may include social media features such as Facebook and Twitter buttons (such as “Like,” “Tweet” or “Pin”). These third-party sites may collect information about you if you click on a link and the social media sites may automatically record information about your browsing behavior every time you visit a site that has a social media button. We have no control over the privacy practices or the content of these websites.  As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy.  We may change this Privacy Policy from time to time. Any such changes will be posted on the Sites.  By accessing the Sites and/or using the App and the Product after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes.  Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information.  Please refer back to this Privacy Policy on a regular basis. 

How to Contact Us

If you have questions about this Privacy Policy, please contact goTenna via e-mail at [privacy@goTenna.com]. You also may write to us at: goTenna Inc., 81 Willoughby St., 4th floor, Brooklyn, NY 11201.