Privacy Policy

PRIVACY POLICY

Effective as of: March 10, 2019

We believe that transparency is the key to any healthy relationship. At Tinylogics, we appreciate that you are trusting us with information that is important to you, and we want to be transparent about how we use it.

Here we describe the privacy practices for our devices, applications, software, websites, APIs, products, and services (the “Services”). You will learn about the data we collect, how we use it, the controls we give you over your information, and the measures we take to keep it safe.

Specifically, we’ll cover:

Information We Collect
How We Use Information
How Information Is Shared
Your Rights To Access and Control Your Personal Data
Data Retention
Analytics and Advertising Services Provided by Others
Our Policies for Children
Information Security
Our International Operations and Data Transfers
European Privacy Disclosures
Cookies
Changes to This Policy
Who We Are and How To Contact Us

INFORMATION WE COLLECT

When you use our Services, we collect the following types of information.

INFORMATION YOU PROVIDE US

ACCOUNT INFORMATION

Some information is required to create an account on our Services, such as your name, email address, password, and in some cases your mobile telephone number. This is the only information you have to provide to create an account with us. You may also choose to provide other types of information, such as year of birth, gender, height, weight.

ADDITIONAL INFORMATION

To help improve your experience, you may choose to provide us with additional biometric information, like year of birth, gender, height, weight. These data will help the device to learn about your breathing patterns more accurately and produce better biometric feedback.

PAYMENT AND CARD INFORMATION

If you purchase FOCI merchandise on our website, you provide your payment information, including your name, credit or debit card number, card expiration date, CVV code, and billing address. We do not store this payment information. We store your shipping address to fulfill your order. Note that third-party payment processors may retain this information in accordance with their own privacy policies and terms.

INFORMATION WE RECEIVE FROM YOUR USE OF OUR SERVICES

DEVICE INFORMATION

Your device collects breathing data to estimate your cognitive states (focus, distraction, stress, calm, fatigue, flow), and the app collects user location when required by the Android Bluetooth framework (

https://developer.android.com/guide/topics/connectivity/bluetooth

). When your device syncs with our applications or software, data recorded on your device is transferred from your device to our servers.

LOCATION INFORMATION

The Services include features that use precise location data, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. We collect this type of data if you grant us access to your location. You can always remove our access using your FOCI device or mobile device settings. We may also derive your approximate location from your IP address.

USAGE INFORMATION

When you access or use our Services, we receive certain usage data. This includes information about your interaction with the Services, for example, when you view or search content, install applications or software, create or log into your account, pair your device to your account, or open or interact with an application on your FOCI device.

We also collect data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, FOCI or mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.

INFORMATION WE RECEIVE FROM THIRD PARTIES

If you choose to connect your account on our Services to your account on another service, we may receive information from the other service. For example, if you connect to Facebook or Google, we may receive information like your name, profile picture, age range, language, email address, and friend list. You may also choose to grant us access to your exercise or activity data from another service. You can stop sharing the information from the other service with us by removing our access to that other service.

We may partner with third parties, such as employers that offer FOCI services to their employees and customers. In such cases, those companies may provide us with your name, email address, or similar information (like a telephone number or subscriber ID) so that we can invite you to participate or determine your eligibility for particular benefits, such as discounts or free services.

HOW WE USE INFORMATION

We use the information we collect for the following purposes.

PROVIDE AND MAINTAIN THE SERVICES

Using the information we collect, we are able to deliver the Services to you and honor our Terms of Service contract with you. For example, we need to use your information to provide you with your FOCI records page tracking your cognitive states through your breathing data and to give you customer support.

For the Services’ community features, we may use your information to help you find and connect with other users and to allow other users to find and connect with you.

IMPROVE, PERSONALIZE, AND DEVELOP THE SERVICES

We use the information we collect to improve and personalize the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing and develop new features and Services.

When you allow us to collect precise location information, we use that information to provide and improve features of the Services such as climate, humidity and temperature which affects breathing physiology and thus cognitive inference

We also use your information to make inferences and show you more relevant content. Here are some examples:

Information like your height, weight, gender, and age allows us to improve the accuracy of your cognitive inference.

We may personalize feedback and techniques for you based on the input you previously gave and your historical data.

COMMUNICATE WITH YOU

We use your information when needed to send you Service notifications and respond to you when you contact us. We also use your information to promote new features or products that we think you would be interested in. You can control marketing communications and most Service notifications by using your notification settings on your phone or via the “Unsubscribe” link in an email.

PROMOTE SAFETY AND SECURITY

We use the information we collect to promote the safety and security of the Services, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.

We use cookies and similar technologies for the purposes described above.

For personal data subject to the GDPR, we rely on several legal bases to process the data. These include when you have given your consent, which you may withdraw at any time by deleting your account and data; when the processing is necessary to perform a contract with you, like the Terms of Service; and our legitimate business interests, such as in improving, personalizing, and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described above.

HOW INFORMATION IS SHARED

We do not share your personal information except in the limited circumstances described below.

WHEN YOU AGREE OR DIRECT US TO SHARE

You may direct us to disclose your information to others, such as when you use our community features like the Friend feature. You may also authorize us to share your information with others, for example, with a third-party application when you give it access to your account. Remember that their use of your information will be governed by their privacy policies and terms. You can revoke your consent to share with third-party applications.

FOR EXTERNAL PROCESSING

We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology, payments, sales, marketing, data analysis, research, and surveys.

FOR LEGAL REASONS OR TO PREVENT HARM

We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

We may share non-personal information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about exercise and activity, to partners under agreement with us, or as part of the community benchmarking information we provide to users of our subscription services.

If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give affected users notice before transferring any personal information to a new entity.

YOUR RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL DATA

You can access and control your personal data, as described below, regardless of where you live. If you live in the European Economic Area, United Kingdom, and Switzerland (the “Designated Countries”), you have a number of legal rights with respect to your information, as outlined below.

Accessing and Exporting Data. By logging into your account, you can access much of your personal information, including your cognitive states data. If you wish to receive an export of your data, you can contact us via team@fociai.com.

Editing and Deleting Data. If you wish to edit or delete your personal information, you can contact us via team@fociai.com.

If you choose to delete your account, please note that while most of your information will be deleted within 30 days, it may take up to 90 days to delete all of your information, like the data recorded by your FOCI device and other data stored in our backup systems. This is due to the size and complexity of the systems we use to store data. We may also preserve data for legal reasons or to prevent harm, including as described in the How Information Is Shared section.

Objecting to Data Use. If you live in a Designated Country, in certain circumstances, you can object to our processing of your information based on our legitimate interests, including as described in the How We Use Information section. You have a general right to object to the use of your information for direct marketing purposes. Please see your email unsubscribe options to control our marketing communications to you about Tinylogics products.

Restricting or Limiting Data Use. In addition to the various controls that we offer, if you reside in a Designated Country, you can seek to restrict our processing of your data in certain circumstances. Please note that you can always delete your account at any time.

DATA RETENTION

We keep your account information, like your name, email address, and password, for as long as your account is in existence because we need it to operate your account. In some cases, when you give us information for a feature of the Services, we delete the data after it is no longer needed for the feature. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described in the How We Use Information and How Information Is Shared sections.

ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS

We work with partners who provide us with analytics and advertising services. This includes helping us understand how users interact with the Services, serving ads on our behalf across the internet, and measuring the performance of those ads. These companies may use cookies and similar technologies to collect information about your interactions with the Services and other websites and applications.

OUR POLICIES FOR CHILDREN

We appreciate the importance of taking additional measures to protect children’s privacy.

Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to create accounts unless their parent has consented in accordance with applicable law. If we learn that we have collected the personal information of a child under the relevant minimum age without parental consent, we will take steps to delete the information as soon as possible. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at team@fociai.com.

INFORMATION SECURITY

We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to maintain the security of your data. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact team@fociai.com.

OUR INTERNATIONAL OPERATIONS AND DATA TRANSFERS

We operate internationally and transfer information to the United Kingdom and other countries for the purposes described in this policy.

Tinylogics Ltd. is subject to the oversight of the Courts of England and Wales, and remains responsible for personal information that we transfer to others who process it on our behalf as described in the How Information Is Shared section.

Please note that the countries where we operate may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. You agree to this risk when you create a FOCI account and click “I agree” to data transfers, irrespective of which country you live in. If you later wish to withdraw your consent, you can delete your FOCI account as described in the Your Rights To Access and Control Your Personal Data section.

EUROPEAN PRIVACY DISCLOSURES

If you live in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, please review these additional privacy disclosures under the European Union’s General Data Protection Regulation (“GDPR”).

YOUR DATA CONTROLLER

Tinylogics Ltd., a UK company, is your data controller and provides the Services if you live in the EEA, UK, or Switzerland. For our contact information, please see the Who We Are and How To Contact Us section.

HEALTH AND OTHER SPECIAL CATEGORIES OF PERSONAL DATA

To the extent that information we collect is health data or another special category of personal data subject to the European Union’s General Data Protection Regulation (“GDPR”), we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you pair your device to your account. You can withdraw your consent at any time by deleting your data or your account.

OUR LEGAL BASES FOR PROCESSING PERSONAL DATA

HOW TO EXERCISE YOUR LEGAL RIGHTS

Please review the Your Rights To Access and Control Your Personal Data section for how you can exercise your rights under the GDPR to access and control your personal data.

In addition to the various controls that we offer, in certain circumstances, you can seek to restrict our processing of your data, or object to our processing of your data based on our legitimate interests, including as described in the How We Use Information section. Under the GDPR, you have a general right to object to the use of your information for direct marketing purposes. Please see your notification settings to control our marketing communications to you about Tinylogics products. Our Cookie Use statement describes your options for controlling how we and our partners use cookies and similar technologies for advertising. Please note that you can always delete your account at any time.

If you need further assistance regarding your rights, please contact our Data Protection Officer at team@fociai.com, and we will consider your request in accordance with applicable laws. You also have a right to lodge a complaint with your local data protection authority.

COOKIES

We and our partners use cookies and similar technologies on our services, including our websites and mobile applications (the “Services”). Here we explain these technologies, why we use them, and the choices you have.

TECHNOLOGIES WE USE

Like many services, we use cookies, pixels, local storage, and software development kits (“SDKs”) to remember things about you so that we can provide you with a better experience.

Cookies are small data files stored on your browser or device. They may be served by the entity that operates the website you are visiting (“first-party cookies”) or by other companies (“third-party cookies”).
For example, we partner with third-party analytics providers, like Google, which set cookies when you visit our websites. This helps us understand how you are using our Services so that we can improve them.
Pixels are small images on a web page or in an email. Pixels collect information about your browser or device and can set cookies.
Local storage allows data to be stored locally on your browser or device and includes HTML5 local storage and browser cache.
SDKs are blocks of code provided by our partners that may be installed in our mobile applications. SDKs help us understand how you interact with our mobile applications and collect certain information about the device and network you use to access the application.

OUR USE OF THESE TECHNOLOGIES

Below are the ways that we and our partners use these technologies on our Services.

CATEGORY OF USE	PURPOSE OF THE USE
Preferences	To help us remember your settings and preferences, like your preferred language or the country you are in, so that we can provide you with a more personalized experience.
Authentication and Security	To log you into the Services; enable us to show you your account data; and help us keep your data and the Services safe and secure.
Service Features and Performance	To provide you with functionality and optimize the performance of the Services. For example, to keep track of products you add to your shopping cart on Tinylogics.com; allow you to share information from Tinylogics with social networking services like Facebook or Twitter; and improve our website’s load speed and performance.
Analytics and Research	To help us understand how you are using the Services so that we can make them better, faster, and safer.
Advertising	To enable our partners to serve ads for our products and services; deliver relevant ads to people who may be interested in them on other services; measure the performance of ads; and opt you out of receiving interest-based ads if that is your choice.

YOUR CHOICES

You have a number of options to control or limit how we and our partners use cookies and similar technologies, including for advertising.

Although most browsers and devices accept cookies by default, their settings usually allow you to clear or decline cookies. If you disable cookies, however, some of the features of our Services may not function properly.
To prevent your data from being used by Google Analytics, you can install Google’s opt-out browser add-on.
For information on how our advertising partners allow you to opt out of receiving ads based on your web browsing history, please visit http://optout.aboutads.info/.
To opt out of ads on Facebook, Pinterest, or Google that are targeted to your interests, use your Facebook, Pinterest, or Google Ads settings.
Check your mobile device for settings that control ads based on your interactions with the applications on your device. For example, on your iOS device, enable the “Limit Ad Tracking” setting, and on your Android device, enable the “Opt out of Ads Personalization” setting.

CHANGES TO THIS POLICY

We will notify you before we make material changes to this policy and give you an opportunity to review the revised policy before deciding if you would like to continue to use the Services.

WHO WE ARE AND HOW TO CONTACT US

If you have questions about this policy, or need help exercising your privacy rights, please contact our Data Protection Officer at team@fociai.com.

Tinylogics Ltd

St John’s Innovation Centre

Cowley Road

Cambridge, CB4 0WS

United Kingdom