VALENCE VIBRATIONS, INC. Privacy Policy

 

EFFECTIVE DATE: May 14, 2022

 

In this Privacy Policy (“Policy”), we describe how Valence Vibrations, Inc. (“Valence,” “we,” “us,” or “our”) collects, uses, and discloses information that we obtain about visitors to our website https://www.valencevibrations.com (the “Site”), users of our mobile Application (the “App”) and the services available through our Site and App (collectively, the “Services”).

By visiting the Site, using or downloading the App, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site, App, or Services, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The Valence Terms of Use are incorporated by reference into this Policy.

 

Overview

This section provides a brief overview of our privacy practices that are described more fully below. Please view the Policy below for a fulsome description of how we collect, use, and disclose personal information with respect to the Services. We collect personal information about when you provide that information to us, when you interact with us on social media, and automatically when you visit or use our Services, such as through cookies and similar technologies.

We provide our emotional translation services by processing tonal data picked up by your wearable device’s microphone that are analyzed for emotional signals. These emotional signals are then translated into haptic (vibrations) and visual signals on your wearable device. This tonal information is processed directly on your mobile device before it is deleted from your device, and we do not have access to this data.

We collect the personal information we collect about you in order to offer and provide the Services and our other products and offerings; for our marketing purposes; to improve our Services and other products, as well as to develop new ones; and for our general business administration purposes. We may disclose your personal information to our service providers and our affiliate companies. We also may disclose your information in certain situations, such as where required by law, to protect us or others, or in the event of a merger or sale of Valence or our assets.

 

The Information We Collect About You

We collect information about you directly from you, from third parties, and automatically through your use of our Site, App, or Services.

Information We Collect Directly from You. The information we collect from you depends on how you use our Services.

  • To create an account, you must provide your name, email address and create a password for your account.

  • If you make a purchase, we or our payment processor will collect your payment and billing information, including your payment information and billing address. We also collect information about the products or services you acquire or consider from us.

  • If you subscribe to our mailing list or newsletters, we will collect your name and email address.

  • If you contact us or request information from us through the Services, we will collect your name, contact information, and your communications with us.

Information We Collect from Other Entities. We also collect information about you from other sources.

  • We collect information about you when you interact with us on social media platforms. If you message us or tag us in a social media post, we will collect information about your message or the post we are tagged in. The respective social media service controls the information it collects from you pursuant to its own terms. For information about how a social media service may use and disclose the information it collects about you, including any information you make public through the social media service, please consult the social media service’s privacy policy. We have no control over how any social media services use or disclose the personal information they collect about you.

 

Information We Collect Automatically. We automatically collect information about your use of our Site, App, and Services through cookies, web beacons, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

 

Information We Automatically Collect Through the Site:

  • Domain name;

  • your browser type and operating system;

  • web pages you view on the Site; links you click on the Site; your device’s identifiers and IP address;

  • the length of time you visit our Site and or use our Services;

  • the referring URL, or the webpage that led you to our Site.

     

Information We Automatically Collect Through the App:

  • mobile device IDs; IP address; device name and model; operating system type, name, and version;

  • language information; and

  • activities within the App; and the length of time that you are logged into our App.

     

Information Automatically Collected Through Your Wearable Device. Our Services connect with your wearable device to provide our emotional translation services. Our Services process vocal data picked up by your wearable device’s microphone to create tonal audio files that are analyzed for emotional signals. These emotional signals are then translated into haptic (vibrations) and visual signals on your wearable device.

Please understand that the vocal data picked up by your wearable device is processed into a tonal file directly on your mobile device before it is deleted from your device. This data is not transmitted to us, nor do we have access to this data. Also, our Services do not analyze the words of any vocal data. We do not link or associate any vocal or tonal data to persons.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

 

  • Service Provisioning/Transactional Purposes:

    • To provide our Services and other offerings to you.

    • To communicate with you about your use of our Services; to facilitate your transactions, to fulfill your orders, to respond to your inquiries, and for other customer service purposes.

    • To tailor the content and information that we may send or display to you, to provide personalized recommendations, help and instructions, and to otherwise personalize your experiences while visiting or using our Services.

  • Marketing Communications: In accordance with applicable laws, we may use your information:

    • To send you marketing communications about our Services and other offerings.

    • To send you news, newsletters, and event information.

    • To send you marketing communications about products and services of our affiliated entities.

    • To send you marketing communications about products and services of other entities that we think

      may be of interest to you. If you are interested in these entities’ products and services, you may provide your information directly to the appropriate entity.

  • Advertising and Promotions:

    • To assist us in determining relevant advertising content and media (whether on the Services or on

      nonaffiliated websites and media) and to create lookalike and Custom Audiences for our advertising

      campaigns.

    • To evaluate the success of our advertising campaigns (including our online and offline promotional

      campaigns).

    • See also the Ad Networks section discussed below for information about online advertising.

  • Services and Product Improvement/Research:

    • To better understand how users access and use our Site, App, Services and other offerings, both on

      an aggregated and individualized basis. For example, we will evaluate which features of our Services are more (or least) used by users, and we will use this information to update or add new features to our Services. We may also use feedback provided by users and clients to update our Site, App, Services or develop new offerings.

    • To administer surveys and questionnaires, such as for user engagement, market research or user satisfaction purposes.

    • To create aggregated, anonymized, pseudonymized or de-identified data sets. We may use such data sets for any purpose, including product improvement and development, marketing, advertising, trend analysis and other purposes.

  • Legal Purposes:

    • To comply with legal obligations and act in accordance with legal authorizations, as part of our

      general business operations, and for other business administration purposes, including to comply with our legal and regulatory requirements, authenticating your identity, maintaining our records, to monitor your compliance with your agreements with us, to collect debts owed to us, to safeguard our business interests, and to manage or transfer our assets or liabilities, for example in the case of an acquisition, disposition or merger, as described below.

    • Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or property, or violations of this Policy, your customer agreement, or any applicable terms of use.

    • For other purposes we may inform you about from time to time. Where required by applicable laws and regulations, we will obtain your consent if we wish to use your personal information for purposes requiring such consent.

How We Share Your Information

We may share your information, including personal information, as follows:

  • Service Providers. We disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf. These service providers include our hosting provider and our payment processor(s).

  • Affiliates. We disclose the information we collect from you to our affiliates or subsidiaries for the purposes described in this Policy.

We also disclose information in the following circumstances:

  • Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.

  • In Response to Legal Process. We disclose your information to comply with the law, a judicial proceeding, court order, law enforcement request, or other legal process, such as in response to a subpoena.

  • To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of your customer agreement(s), our Terms of Use, or this Policy, or as evidence in litigation in which we are involved.

  • Aggregate and De-Identified Information. We share aggregate, anonymized, pseudonymized, or de- identified information about users with third parties for marketing, advertising, research or similar purposes.

     

Our Use of Cookies and Other Tracking Mechanisms

We and our service providers use cookies and other tracking mechanisms to track information about your use of our Site, App, or Services. We may combine this information with other personal information we collect from you (and our service providers may do so on our behalf).

Cookies. Cookies are alphanumeric identifiers that we transfer to your device through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Services. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Services.

  • Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity.

     

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Services who disable cookies will be able to browse certain areas of the Services, but some features may not function.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track the activities of Services visitors and users, help us manage content, and compile statistics about usage of our Services. We and our service providers also use clear GIFs in emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Services. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services’ performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt- out of targeted advertising by following the instructions in the Third Party Ad Network section.

Ad Networks

We may use network advertisers to serve advertisements and on unaffiliated websites and other media (e.g., social networking platforms). This enables us and these network advertisers to target advertisements to you for products and services in which you might be interested, including our own. Ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These cookies and other technologies are governed by each entity's specific privacy policy, not this one. We may provide these parties with information, including personal information about you, as part of our advertising efforts.

We may disclose certain information (such as your email address) to Ad Networks we work with so that we can better target ads and content to you and others with similar interests on other websites or media (“Custom Audiences”). We may also work with other ad networks and marketing platforms that enable us and other participants to target ads to Custom Audiences submitted by us and others. You may also control how ad networks display certain ads to you, as explained further in their respective privacy policies or by using the opt-outs described below.

Users may opt out of many ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Services or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at www.aboutads.info or the NAI's website at www.networkadvertising.org.

 

Links

Our Services may contain links to non-affiliated websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those websites. We are not responsible for the information practices of such websites.

Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared device, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

What Choices Do I Have Regarding Promotional Communications?

In accordance with applicable law, we will send periodic promotional communications to you. You may opt-out of such communications by following the opt-out instructions contained in the communication. We will process opt-out requests in accordance with applicable law. If you opt-out of receiving promotional communications about recommendations or other information we think may interest you, we may still send you communications about your account or any services you have requested or received from us.

Children Under 13

Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at legal@valencevibrations.com.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and App. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and App.