PRIVACY POLICIES

Naw Just Breathe

Welcome, and thank you for your interest in Naw Just Breathe. We are desktop software and mobile applications, and our services provided by us and on or through which a link to this Privacy Policy (this “Policy”) is displayed (collectively, together with the Site, and our “Service”).

This Policy describes how Naw Just Breathe may collect, use, process, disclose, and safeguard personal information, including personal information we obtain through the Service and in connection with our customer, partner and vendor relationships. It also tells you about your rights and choices with respect to your personal information, and how you can contact us if you have any questions or concerns.

Capitalized terms used but not defined in this Policy have the meaning given to them in the Naw Just Breathe Terms of Service.

1.Your Consent

We rely on your consent to the collection, use, disclosure, and retention of your personal information by Naw Just Breathe and other persons in accordance with this Policy and as otherwise permitted by applicable law.

2. How We Define Personal Information

In this Policy, “Personal Information” means information about an identifiable individual, such as an individual’s name and email address, but does not include (to the extent permitted by law) information that is publicly available in a telephone directory or that is business contact information that enables an individual to be contacted at a place of business. Personal Information also does not include information that has been aggregated or anonymized.

3. Personal Information We Collect

Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Service if that information is necessary to provide you with the service or if we are legally required to collect it.

I. Personal Information Provided by You

You may be asked to voluntarily give your Personal Information to Naw Just Breathe when you interact with us, including:

User Content. We will collect any information you upload or post to or through the Service, including calls placed to numbers or services maintained by us or through the Service. For example, when you interact with other users by sending them messages, the Service will process the information you provide in such submissions, to the extent permitted under applicable law. This may also include the information regarding your contacts that you choose to import into the Service.
Communications. We will collect any information that you provide to us through your communications e.g., when you communicate with our customer support team or request information from us.

II. Personal Information Collected via Automated Means

In addition to information that you provide to us, we may collect information about you and your use of the Service via automated means, such as cookies, web beacons and similar technologies:

Location Information. We may collect and store your location information, including GPS coordinates, if you enable your mobile device to send it to us. Collection of this information may improve the provision of the Service.
Cookies and Similar Technologies. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies to automatically collect certain information. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. When you use the Service, we may also automatically collect certain information from your device by using similar technologies, including “clear gifs” or “web beacons.” Please review your web browser “Help” file to learn the proper way to modify your settings with regard to such automated data collection. Please note that if you delete, or choose not to accept, such technologies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

The automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users.

We use this information to assess how many users access or use our Service, how they interact with our Service, which content, products, and features of our Service most interest or are of most value to our users, what types of offers and incentives our customers and their end-customers respond to, and how our service performs from a technical point of view.

III. Personal Information Obtained from Third Parties

In some circumstances, Naw Just Breathe may collect Personal Information from third parties. Naw Just Breathe will only collect your Personal Information from a third party if we have obtained your consent to do so, if you have provided your consent to the third party, or if we are legally required or permitted to do so.

For example:

Our Business Customers.

If you are using the Service as an end user of a Business Customer, we may collect Personal Information about you from our Business Customers who use the Services with their own end users, often their employees. This information may include your name, email address, and phone number. We may also collect information from our Business Customers about their end-customers, which information we process on their behalf.

Information You Provide About Others

In some cases, you may provide Personal Information to Naw Just Breathe about others. If you give Naw Just Breathe the Personal Information of another individual, then you are solely responsible for complying with all applicable laws, including obtaining that individual’s valid consent to your collection and disclosure of that individual’s Personal Information to Naw Just Breathe and to Naw Just Breathe use, disclosure and retention of that individual’s Personal Information.

4. How We Use Personal Information We Collect

We may use Personal Information we collect for the following purposes:

Internal and Service-Related Usage

We use your Personal Information to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users.

Analytics and Improving the Service

We use your Personal Information to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, feature, and functionality.

Communications

We may use your email address or other Personal Information (i) to contact you for administrative purposes such as customer service, to address intellectual property infringement, privacy violations or defamation issues related to your User Content posted on the Service or (ii) to send communications, including updates on promotions, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “Your Rights and Choices.”

Tailored Content

We may use your Personal Information to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information.

Aggregate Data

We may de-identify and aggregate information to monitor and analyze the effectiveness of Service and third-party marketing activities and to monitor aggregate site usage metrics such as total number of visitors and pages viewed.

Partners and Vendors

We use Personal Information collected from our business partners and vendors to manage those relationships.

Job Applications

If you apply for a job at Naw Just Breathe, we may process your Personal Information to evaluate your application.

Legal

We may use your Personal Information to enforce our End User License Agreement and Terms of Service, to defend our legal rights, to comply with our legal obligations and internal policies.

Other Purposes

We also may use your Personal Information for other purposes as may be described in a notice to you at the time the information is collected, for other purposes to which you consent, and for other purposes without your consent as permitted by applicable law.

If you are located in the European Economic Area, we only process your Personal Information based on a valid legal ground, including when:

You have consented to the use of your Personal Information;
We need your Personal Information to provide you with the Services, including for account registration and to respond to your inquiries;
We have a legal obligation to use your Personal Information; and
We or a third party, have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to conduct business analytics, and otherwise improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.

5. How We Disclose Your Personal Information

Except as described in this Policy, disclosed to you at the time of the collection of your Personal Information, or otherwise permitted by applicable law, we will not disclose your Personal Information to third parties without your consent.

We may disclose your Personal Information to third parties in the following circumstances:

Naw Just Breathe affiliates and subsidiaries

We may disclose Personal Information about you with our affiliates and subsidiaries to the extent required for such affiliates and subsidiaries to develop, test and provide the Service.

Other users

Any Personal Information that you voluntarily choose to include on or through the Service, including information in a publicly accessible area of the Service (such as a public profile page) or information you share with or allow to be shared with other users, will be available to anyone who has access to that content, including other users. We are not responsible for privacy practices of the other Users who will view and use the posted information.

Advertising Partners

We may share your Personal Information with our third-party advertising partners to provide ads that we think may interest you. For more information about our advertising and marketing practices and those of the third-party advertising partners, please see the Personal Information Collected by Automated Means section above.

Our Business Customers

If you are using the Service as an end user or end-customer of a Business Customer, we may disclose information about you to that Business Customer, such as your name, email address and physical address, in connection with your business relationship with that Business Customer and as necessary to provide the services you have requested of the Business Customer.

Non-Personalized Information

Naw Just Breathe may use Personal Information to create and collect non-personal information (information that is not about an identifiable individual), including Personal Information that has been aggregated or otherwise depersonalized so that the information no longer relates to an identifiable individual. Naw Just Breathe may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever. If non-personal information is combined with Personal Information, then Naw Just Breathe will treat the combined non-personal information as Personal Information for the purposes of this Policy for as long as the non-personal information is combined with Personal Information.

To Comply with Legal Obligations

We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state, provincial and federal laws (such as copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

To Protect and Enforce Our Rights.

We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

In case of Merger, Sale, or Other Asset Transfer.

Information about our users, our Business our Customers and their end-customers, including Personal Information, may be disclosed and otherwise transferred to a proposed or actual acquirer, or successor or assignee as part of any proposed or actual merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

With Your Consent.

We also may disclose your Personal Information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.

6. Your Rights and Choices

I. General

Opt-Out

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by clicking on the unsubscription link provided at the bottom of such e-mails/communications, by sending your request to us by email [AC1] or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.

Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period, unless we are required by applicable law to process your request within a shorter period of time. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service and other messages as permitted by applicable law.

Privacy Settings

Although we may allow you to adjust your privacy settings to limit access to certain Personal Information, please be aware that no security measures are perfect or impenetrable. To the fullest extent permitted under applicable law, we are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of others with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and others, including third parties, may have copied or stored the information available on the Service. To the fullest extent permitted under applicable law, we cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.

Do Not Track

Some web browsers incorporate a “Do Not Track” feature. Because there is not yet an accepted standard for how to respond to Do Not Track signals, our website does not currently respond to such signals.

II. Other Rights –Canadian Individuals

If you are located in Canada, you may have the following additional rights:

Access and Information Requests

You may reasonably request access to your Personal Information collected by Naw Just Breathe and information about Naw Just Breathe use, disclosure and retention of that Personal Information by submitting a written request to Naw Just Breathe using the contact information noted below. Subject to applicable exceptions and limitations prescribed by applicable law, you will be given reasonable access to your Personal Information and you will be entitled to verify the accuracy and completeness of your Personal Information and to have the information revised as appropriate. You may be required to pay a reasonable fee for access to your Personal Information. Naw Just Breathe may decline to process a request that is unreasonably repetitive, frivolous, vexatious or impracticable, or if Naw Just Breathe reasonably believes that the requested access would infringe or jeopardize the privacy of other persons or violate any applicable law or legal requirement, or for other reasons permitted by applicable law.

Withdrawal of Consent

You may withdraw your consent to the collection, use and disclosure of your Personal Information at any time, subject to legal or contractual restrictions and on reasonable notice to Naw Just Breathe but then you might not be able to proceed with your intended interactions or transactions with Naw Just Breathe or otherwise receive the full benefit of Naw Just Breathe products and services.

III. Other Rights – European Economic Area Individuals

If you are located in the European Economic Area, you may have the following additional rights:

Access and Information Requests

You may request access to and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or to object to the processing of your Personal Information, to have the information anonymized or deleted, as appropriate, or to exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.

Withdrawal of Consent

You may withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal. Those rights may be limited in some circumstances by local law requirements. You may exercise these rights by using the How to Contact Us section below.

7. Accuracy of Personal Information

Naw Just Breathe will rely on you to ensure that the Personal Information that you provide to Naw Just Breathe is as accurate, complete and up to date as necessary for the purposes for which Naw Just Breathe uses the Personal Information. You will promptly notify Naw Just Breathe of any changes to the Personal Information that you provide to Naw Just Breathe using the procedures made available for that purpose by Naw Just Breathe or by contacting Naw Just Breathe Privacy Officer at [AC2]

8. Security of Personal Information

We use certain physical, managerial, organizational, and technical safeguards that are designed to appropriately protect Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. WE CANNOT, HOWEVER, ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR STORE ON THE SERVICE, AND YOU DO SO AT YOUR OWN RISK. WE ALSO CANNOT GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR MANAGERIAL SAFEGUARDS. The foregoing is subject to requirements under applicable law to ensure or warrant information security.

If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Within our organization, only our employees, consultants, agents and other members of our personnel who needs to access your personal information because of their role, task or duties, will be granted such access.

9. Retention of Personal Information

We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.

10. Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

11. Notices to You

You consent to Naw Just Breathe sending you emails (to the email addresses you provide to Naw Just Breathe ) regarding this Policy and related matters.

12. How to Contact Us

Naw Just Breathe is the entity responsible for the processing of your Personal Information as described in this Policy. If you have any questions or comments about this Policy, your Personal Information, our use and disclosure practices, or your consent choices, please contact us by email at hello@nawmaste.com