Your privacy and security is very important to us at Waverly Labs, Inc., the owner and operator of waverlylabs.com, the Pilot Translating Earpiece and the Pilot Speech Translation App (“Waverly Labs”, “we”, or “us”). This Privacy Policy explains how we collect, use, share and protect information about the users of our website and mobile application (collectively referred to as “Users” or “you”). Waverly Labs collects information about you when you use our Website (“Website” or “Site”), any mobile application (“App”) that allows you to access our services,and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us.The term Services includes, collectively, various applications, websites, widgets, email notifications and other mediums, or portions of such mediums, through which you have accessed this Privacy Policy. By accessing or using our Services, you consent to the collection, transfer, manipulation, storage, disclosure and other uses of Your Information (collectively, “Use of Your Information”) as described in this Privacy Policy. For purposes of this Privacy Policy, “Your Information” means information about you, which may be of a confidential nature and may include personally identifiable information and/or financial information.

 

  1. Application

This Privacy Policy (“Privacy Policy”) applies to persons and businesses anywhere in the world that use our Website, App or Services. By using the Website, App and any Services we offer, you are agreeing to be bound by this Privacy Policy in respect of the information collected about you.

How We Collect Information

  1. Information You Provide To Us

We collect information you provide directly to us, such as when you request information, create or modify your personal account, make a purchase, request Services, complete a Waverly Labs form or application, contact customer support, or otherwise communicate with us. This information may include: name, email, telephone number, postal address, banking information and any other information you choose to provide.

  1. Information We Collect Through Your Use of Our Services

The following are situations in which you may provide Your Information to us:

    1. When you fill out forms or fields through our Services;
    2. When you register for an account with our Service;
    3. When you use our translation services, information we collect includes any user translated or translatable dialog, phases, words or other captured information which Waverly Lab collects and/or stores in the performance of the Services;
    4. When you order products through the Site, we will collect information about your product history;
    5. When you sign up for any newsletters or other materials through our Services;
    6. When you provide information to us through a third-party application, service or Website;
    7. When you communicate with us or request information about us or our Services, whether via email or other means;
    8. When you participate in online surveys;
    9. When you participate in any of our marketing initiatives, including, contests, events, or promotions; and
    10. When you participate in forums, reviews or provide user generated content or submissions.
    11. We also automatically collect information via the Website or App through the use of various technologies, including, but not limited to cookies and pixel tags. We may collect IP address, browsing behavior and device IDs. This information is used by us in order to enable us to better understand how our Services are being used by visitors and allows us to administer and customize the Services to improve your overall experience.

  1. Log Files, Cookies and Anonymous Identifiers

    1. We collect information about how you and Site visitors interact with our Services, preferences expressed, and settings chosen.We gather certain information automatically and store it in log files.  This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or Site functionality, and to document your consent to receiving products, services or communications from us or our partners. If we link such information with personally identifiable information in a manner that identifies a particular individual, then we will treat all such information as personally identifiable information for purposes of this Privacy Policy.
    2. Technologies such as cookies (a small file placed on your device), pixel tags, beacons, touch heatmaps, user recordings, crash videos, scripts and similar technologies that create and maintain unique identifiersare used by us and our partners, affiliates, advertisers, analytics teams, or service providers. These technologies are used in analyzing trends, administering the Site, tracking user’s movements around the Site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
    3. We use cookies tohelp us know that you are logged on, provide you with features based on your preferences, understand when you are interacting with our Services, and compile other information regarding use of our Services.
    4. Third parties with whom we partner to provide certain features on our Site or to display advertising based upon your Web browsing activity use cookies to collect and store information.
    5. You can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited.
    6. Waverly Labs cannot control the use of cookies by third-parties (or the resulting information), and use of third party cookies is not covered by this policy.

  1. Information We Collect From Other Sources

We may also receive information from other sources and combine that with information we collect through our Services. For example if you choose to link, create, or log in to your Waverly Labs account with a social media service, e.g. Facebook, or a payment provider, e.g. Google Wallet, or if you engage with a separate App or Website that uses our API, or whose API we use, we may receive information about you or your connections from that Site or App.

  1. Information Third Parties Provide

We may collect information about you from sources other than you, such as from social media websites (i.e., Facebook, LinkedIn, Twitter or others), blogs, other users and our business partners.

  1. Location Information

When you use the Services we may collect your precise location data. We may also derive your approximate location from your IP address.

  1. Device Information

When you use our Services through your computer, mobile phone or other device, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. In addition, we may collect information regarding application-level events and associate that with your account to provide customer service. We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.

  1. Call and SMS Data

In connection with providing Service, we may receive call data, including the date and time of the call or SMS message, the parties phone numbers, and the content of the SMS message.

Information We Do Not Collect

  1. Information We Do Not Collect Through Your Use of Our Services

We do not collect or store payment information, including credit/debit card details or billing addresses. However, we may facilitate the transfer of your payment information to third party payment processors. All payments to the Waverly Labs are handled by third party secure payment providers, and all sensitive information is encrypted and protected with SSL, security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral.

How We Protect Your Information

  1. Protective Measures

We protect your information using commercially reasonable technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. We cannot guarantee the security of our information storage, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet, including, without limitation, email transmissions.

  1. Childrens’ Privacy

The Site and Services are intended for users who are 18 years old or older. Furthermore, we do not knowingly collect Personal Information from persons under the age of 13. If we become aware that we have inadvertently received Personal Information from a person under the age of 13, we will delete such information from our records.

How We Use Information

  1. Services

We will use this information in order to:

  1. Provide users with customer support.
  2. Contact you and provide you with information.
  3. Analyze, improve and manage our Services and operations.
  4. Resolve problems and disputes, and engage in other legal and security matters.

Additionally, we may use the information we collect about you to:

  1. Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Waverly Labs and other companies, where permissible and according to local applicable laws.
  2. Display advertising, including advertising that is targeted to you based on your location, interests, as well as your Waverly Labs activities.
  3. Verify your identity and prevent impersonation, spam or other unauthorized or illegal activity.
  4. We may transfer the information described in this Privacy Policy to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Privacy Policy.

  1. Sharing Of Information

    1. We may share the information we collect about you as described in this Privacy Policy or as described at the time of collection or sharing, including as follows:
      1. withthird party Service Providers to enable them to provide the Services you request;
      2. with the general public if you submit content in a public forum, such as forum comments, social media posts, or other features of our Services that are viewable by the general public; and
      3. with third parties with whom you choose to let us share information, for example other Apps or Websites that integrate with our API or Services, or those with an API or Service with which we integrate.
    2. We may disclose Your Information:
      1. To any person who, in our reasonable judgment, is authorized to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);
      2. To our third-party vendors and service providers so that they may provide support for our internal and business operations, including for the processing of payments, handling of data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials, and our Services maintenance and security. These companies are authorized to use Your Information only as necessary to provide these services to us and are contractually obligated to keep Your Information confidential;
      3. To third parties when you engage in certain activities through our Services that are sponsored by them, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs sponsored, in whole or in part, by a third party. When we disclose Your Information to these third parties, Your Information will become subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of Your Information;
      4. As required by law or ordered by a court, regulatory, or administrative agency;
      5. As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another’s rights or property, including, without limitation, our rights or property;
      6. If requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency;
      7. To enforce our Terms of Service, this Privacy Policy, and any other applicable agreements and policies;
      8. To enforce or protect our rights.

  1. Law Enforcement

  1. Waverly Labs is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Waverly Labs receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.

  1. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Waverly Labs may disclose user account information to law enforcement,  without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Waverly Labs will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.

  1. Other Sharing

We may share your information with Waverly Labs subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and/or logistics purposes; with affiliated entities that provide payment processing services on our behalf; with vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf; in response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process; with law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms and Conditions, Terms of Service, or any other policies, or to protect the rights, property, or safety of Waverly Labs or others; in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company; if we otherwise notify you and you consent to the sharing; and in an aggregated and/or anonymized form which cannot reasonably be used to identify you.

  1. Social Sharing Features

  1. The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other Apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
  2. Any information or content that you voluntarily disclose for posting to the Service becomes available to the public, as controlled by any applicable privacy settings that you set. Once you have shared User Content or made it public, that User Content may be re-shared by others. If you remove information that you posted to the Service, copies may still remain viewable in cached and archived pages of the Service, or if other Users or third parties, using the Service, have re-shared, copied or saved that User Content.

  1. Analytics and Advertising Services Provided By Others

We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, software development kits (SDKs), and other technologies to identify your device when you visit our Site and use our Services, as well as when you visit other online sites and services.

  1. Links to Third-Party Websites

  1. Our Services, as well as the email messages sent with respect to our Services, may contain links or access to websites operated by third parties that are beyond our control. Links or access to third parties from our Services are not an endorsement by us of such third parties, or their websites, applications, products, services, or practices. We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties. These third-parties may send their own cookies to you and independently collect data.
  2. If you visit or access a third-party Website, application or other property that is linked or accessed from our Services, we encourage you to read any privacy policies and terms and conditions of that third party before providing any personally identifiable information. If you have a question about the terms and conditions, privacy policy, practices or contents of a third party, please contact the third party directly.

  1. Do Not Track

Some web browsers may give you the ability to enable a “do not track” feature that sends signals to the websites you visit, indicating that you do not want your online activities tracked. This is different than blocking or deleting cookies, as browsers with a “do not track” feature enabled may still accept cookies. There is currently no industry standard for how companies should respond to “do not track” signals, although one may develop in the future. We do not respond to “do not track” signals at this time;if we do so in the future, we will describe how in this Privacy Policy.

  1. International Privacy Practices

Waverly Labsis primarily operated and managed on servers located and operated within the United States. In order to provide our products and services to you, we may send and store your personal information outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your personal information may be transferred outside of the country where you reside or are located, including countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. If you reside or are located within the European Economic Area and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the European Economic Area to the extent feasible under applicable law. By using and accessing our products and services, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

  1. Account Information

You may correct your account information at any time by logging into your online account. If you wish to cancel your account, please email us [email protected] Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debit on your account, or if we believe you have committed fraud or violated our Terms of Service, we may seek to resolve the issue before deleting your information.

Your Preferences

  1. Access Rights

Waverly Labs will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.

  1. Promotional Information Opt Out

You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.

  1. Your California Privacy Rights

  1. California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for their direct marketing purposes. California residents may request and obtain from us once a year, free of charge, information about the personal information, if any, we disclosed to third parties for direct marketing purposes within the immediately preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information within the immediately preceding calendar year.
  2. If you are a California resident and would like to make such a request, please submit your request in writing to:[email protected]

  1. Changes to the Privacy Policy

We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Site. Those changes will go into effect on the “Revised” date shown below. By continuing to use the Site or Services, you consent to the revised Privacy Policy. We encourage you to periodically review the Privacy Policy for the latest information on our privacy practices.

  1. Contact Us

If you have any questions about this Privacy Policy, please contact us at [email protected].

Last updated: March 1, 2017

© Waverly Labs Inc. 2017. All rights reserved.