Last updated: May 18, 2020
IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DELETE THE APP FROM YOUR DEVICE.
PRIVACY OF MINORS
We do not knowingly collect Personally-Identifiable Information of minors. Children under the age of 13 may not use the App, and use of the App is not intended for use by minors older than 13 without the approval and supervision of a parent or guardian.
DATA COLLECTION GENERALLY
We gather two types of information about you: personally-identifiable information and non-personal information. As described below, each type of information is gathered, used and stored in different ways.
“Personally-Identifiable Information” is information disclosed by you to us that allows us to identify you individually and is protected as personal data under applicable data protection laws.
COLLECTION OF NON-PERSONAL INFORMATION
When you use the App, we may collect Non-Personal Information for such purposes as improvement of our products and software services, troubleshooting bugs, managing or updating the App, security and monitoring purposes, tracking and analyzing usage, and improving overall performance of the App.
We may automatically receive certain information about your mobile device and use of the App, (including a mobile device identifier), advertising identifiers, operating system, version, IP address and other similar information, such as time spent in different portions of the App and error rates. We may also collect different types of information about your location not linked to your personal identity, including general information (e.g., IP address, zip code) and more specific information (e.g., precise GPS information using the mobile devices used to access the App).
When you install the App, you may be asked to grant access to your mobile device’s geolocation data. If you grant such permission, we may be able to collect information about your precise geolocation (i.e., your real-time geographic location), and may use that information to customize the App with location-based information and features. You can withdraw your consent at any time. Moreover, you can disable the GPS or other location-tracking functions on your mobile device, provided your mobile device allows you to do this. (See your device manufacturer’s instructions for further details.)
COLLECTION OF PERSONALLY-IDENTIFIABLE INFORMATION
We cannot collect your Personally-Identifiable Information without your consent and participation. You may be required to disclose Personally-Identifiable Information in order to register for an account or transact business on the App. By submitting your Personally-Identifiable Information, you authorize us to use that Personally-Identifiable Information to provide only the interaction or service you have initiated.
We may collect the above types of Personally-Identifiable in the following contexts:
- Customer support and technical assistance
- Registration for your Avalanche products (in which case we collect the following categories of personal data: Name, postal address, telephone number, device ID, serial number, and email address)
- Providing updates to you regarding your Avalanche products or the App
- Obtaining Avalanche device firmware and application software updates
- Other uses of the App where information is requested for use and/or participation
THERE IS NO SUCH THING AS “PERFECT” SECURITY ONLINE. While we follow generally accepted industry standards to protect Personally-Identifiable Information during transmission via the App and storage after the fact, there is always a possibility of disclosure. Please bear that in mind when deciding what Personally-Identifiable Information to disclose to us and how you should protect your account information.
USE OF COLLECTED INFORMATION
We use the data we collect only where it is necessary to perform our obligations to you under the End User License Agreement, to provide security for the App and other users, to comply with legal requirements and defend our legal rights, to enhance and improve the app, and for any other purpose you have given your consent. Those purposes may specifically include:
- Service Improvement – As discussed throughout this Policy, we will use information to understand how users interact with the App, improve the overall App and product experience, and perform research and analytics.
- Business Operations – We use the information we collect for various business operations such as: detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; maintaining your accounts; and debugging to identify and repair errors that impair the App.
- Special Offers and Updates – We will occasionally send you information on products, services, special promotions, and/or customer satisfaction surveys. We will ask for your consent before sending these communications if your local laws require this, and you have the option to opt-out of these types of communications at any time.
- Service-Related Announcements – We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if use of the App is temporarily suspended for maintenance, we might send you an email, push notification, or an in-application communication. Generally, you may not opt out of these communications, which are not promotional in nature. If you do not wish to receive them, you may delete the App.
- Legal Compliance – We reserve the right to access and disclose your information when we believe in good faith that such disclosure is necessary to: (a) enforce legal rights and comply with the law; (b) comply with an order from a government entity or other competent authority, (c) prevent or address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage; (d) protect our rights, prevent fraud and/or comply with judicial proceeding, court order, or legal process served on us.
- Law Enforcement – We may be required to disclose your information to government or law enforcement officials in response to a lawful request by a public authority or if we have to do so to comply with a legal obligation, including to meet national security or law enforcement requirements. We can also disclose your information in order to pursue our legitimate interest in applying or enforcing our terms and conditions or in responding to any claims, in protecting our rights or the rights of a third party, in protecting the safety of any person or in preventing any illegal activity (including for the purposes of fraud protection and credit risk reduction)
SPECIAL INFORMATION FOR CALIFORNIA RESIDENTS
If you are a California resident, California law requires us to provide you with additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act [CCPA]).
Categories of Personal Information We Collect
- identifiers (such as name, address, email address)
- Internet or other network or device activity (such as App usage information);
- geolocation information (e.g., your approximate location based on IP address, or precise location with your consent);
- inference data about you (e.g., the additional services we think would be of most interest to you based on your interactions with us);
- legally protected classifications (such as gender and age); and
- other information that identifies or can be reasonably associated with you.
How We Use and Share These Categories of Personal Information
We use and share the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Policy. See the “Use of Collected Information” section above for more information.
We do not “sell” personal information to third parties as defined under the CCPA and under current regulatory guidance.
Your California Privacy Rights
CCPA Rights Disclosure: If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request that we:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information. This information is discussed throughout this Policy.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
Please note that certain information may be exempt from such requests under California law. For example, we may need to retain certain information in order to allow you to use certain features of the App. We also will take reasonable steps to verify your identity before responding to a request.
If you would like more information about your legal rights under California law or would like to exercise any of them, please contact us via mail or email at:
- 809 110th St, Arlington, Texas 76011
The CCPA also provides you with the right to not be discriminated against (as provided for in applicable law) for exercising these rights.
California Shine the Light Disclosure: California Civil Code Section 1798.83 permits customers who are California residents to request certain information, once per year, regarding our disclosure of their personal information (as defined by California law) to third parties for their own direct marketing purposes, or in the alternative, that we provide a cost-free means for consumers to opt out of any such sharing. We do not currently share personal information with third parties for their own direct marketing purposes.
SPECIAL INFORMATION FOR NEVADA RESIDENTS
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in this kind of activity; however, if you are a Nevada resident, you may submit a request to opt out of any potential future sales under Nevada law by firstname.lastname@example.org. Please note we may take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.