Effective Date: May 25, 2018
1. Information Collected
Information that you provide to us
We collect information that you provide to us directly through the Websites, such as when you register an account, purchase a product, register a product or warranty, sign up for our Newsletter mailing list, apply for a job, or otherwise communicate with us (e.g., via customer service). Account creation is required when purchasing products from the Website.
The information we collect includes information that identifies you personally. Some examples of information we collect ourselves or through third-party vendors include the following:
• Contact data, including your first and last name, phone number, and email address
• Credentials, including your passwords, password hints, and other information for authentication and account access
• Demographic data, including your date of birth, and location
Payment information, including your payment instrument (such as a credit card number) and associated security code in order to process your payments if you make a purchase
• Data about the products you purchase, including your product type, the serial or batch number located on the back of the product, your purchase date, and the name of the retailer from whom you purchased the product
• Content of the messages you send us, including feedback, product reviews, and information related to return merchandise and warranties
• Resume data, including your employment history, transcript, writing samples, references, and other data as necessary to consider you for a job opening if you submit an application with us
If you download and use our mobile App, you may provide information to us through the App, especially if you link a Product to the App. For example, when you link a Product to the App, we will collect your email address if you provide it and whether you changed the name of the Product..
You may choose to voluntarily submit other information to us through the Services that we do not request, and, in such instances, you are solely responsible for such information.
Information automatically collected
We and our third-party partners, automatically collect certain information when you visit our Website, read our emails, or otherwise engage with us. Examples of information we collect include service use data (such as web pages viewed while visiting our Website, links clicked, length of time spent on our Services, and referring website from which you accessed the Website) and configuration data (such as the type of device or browser you use, your device’s operating system, your internet service provider, and your device’s regional and language settings) and device identifiers (such as IP address).
We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Website and to understand more about the demographics of our users. In gathering this information we are able to enhance your experience when visiting our Website (including keeping your preferences and items placed in your shopping cart between visits) and to provide custom, personalized content and information, including targeted content and advertising.
We collect this information through a variety of tracking technologies, including cookies, web beacons, file information and similar technologies (collectively, “tracking technologies”).
• Cookies. A cookie is a small data file stored on your device that acts as a unique tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the Services. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.
• Location-Identifying Technologies. Broad location data may be used for purposes such as verifying your region or state and delivering or restricting relevant content and advertising based on the relevant laws or regulations of that location.
For further information on tracking technologies and your rights and choices regarding them, see the sections entitled “Third Party Tracking and Online Advertising” and “Rights with Respect to Your Data” below.
If you download and use our mobile App, we automatically collect additional types of information about your device and usage of the App, including information about the version of the App you are running, your time spent using the App, which features of the App you access and use, and any error messages you experience within the App. There are a variety of app-specific tracking technologies that may be included in our App, and these are not browser-based like cookies and cannot be controlled by browser settings. For example, our App may include third party SDKs, which is code that sends information about your use of the app to a server. These SDKs allow us to track Product usage information, crash reports, and provide you with additional functionality.
If you link a Product to the App, you will have access to additional functionalities. For example, you may choose a color theme for your Product, set the temperature of your Product, select the LED brightness on the Product, or set a game mode for the Product.
In addition, when you link the Product to the App, data is transferred between the Product and the App, which we automatically collect. Such information includes information necessary for the Product to function, including the Product identification number, Bluetooth connection information, charging status, and firmware information. It also includes information used to customize your user experience, aid in troubleshooting, and improve your experience and our products and services.
You also have the option within the App to opt-in to the collection of data regarding the usage of your device (“Product Usage Data”), such as puff usage, temperature selection, and session length. You can opt-out of Pax’s collection of your Product Usage Data (if you previously opted in), at any time as further discussed in the section below entitled “Rights with Respect to Your Data,” although we still may have access to that data if you physically submit the Product to us as part of warranty claim.
We understand that the data associated with your use of the Product is important to you, and we take appropriate measures to protect that data.
Information from other sources
• Social networks when you reference our Services
• Partners or affiliates with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities.
• Publicly-available sources such as data in the public domain.
2. Use of Information Collected
PAX Labs uses information that is collected about you for our legitimate interests. For example, we use information to operate, maintain, and provide to you the features and functionality of the Website, App, and Products. We also use information to communicate directly with you, such as to send you service-related emails or messages (e.g., account verification, change or updates to features of the Services, technical and security notices) and respond to your comments, questions, and requests. We also use information to process your purchases on the Websites, to provide you with products or services you request from us, to improve your overall experience with the Services, to troubleshoot technical difficulties and errors, to prevent and address fraud, breaches of policies or terms, and threats or harm, to assist with product development efforts, to respond to mandated legal notices, to consider you for a job, and for internal analytics purposes. Information collected helps our efforts to advance our customers’ and visitors’ online experience when visiting our Services. This ranges from accessibility, improving content, customer service, shopping checkout experience and overall Services satisfaction. We also use information to develop and send you direct marketing, including advertisements and communications about our and third party products, offers, promotions, rewards, events, and services.
In certain circumstances, we use information that is collected about you based on your consent. For example, we only collect Product Usage Data with your consent, which you provide when you first link the Product to the App or physically submit your Product to us for warranty services. For more information about how we collect and use information associated with your use of the Products, please see the section entitled “Information automatically collected” above. Other examples of where we use data based on your consent include where we use your information to serve advertising tailored to your interests on our Websites and third party services, or where you take a survey or enter into a sweepstakes, contest, or promotion.
We may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see the section entitled “Rights with Respect to Your Data” below.
3. Sharing of Information Collected
We share your information as follows:
• With third-party vendors, service providers, contractors and agents in connection with the performance of services on our behalf, as needed to carry out their work for us, which may include identifying and serving advertisements, providing mailing services, providing financial services, web hosting, or providing analytic services. These service providers are prohibited from using your information except as needed to perform our work or as required by law, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes;
• With other companies and brands owned or controlled by PAX Labs and other companies owned by or under common ownership as PAX Labs, which also includes our subsidiaries (i.e., any organization we own or control);
• With our business partners and affiliates in connection with offering you co-branded services, selling or distributing our products, or engaging in joint marketing activities. For example, we may share information about you with a retailer for purposes of providing you with product support or in connection with a warranty;
• With third parties who may send you offers and information about products and services we think you may enjoy;
• When you post content to any public area of our externally facing platforms, including social media pages or blog, this information may be visible to the public and we may publish this information on our website and social media pages along with some of your information such as your first name, last initial, and state of residence;
• With other parties in connection with a potential or actual company transaction, such as a merger, corporate restructuring, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings; and
• For any other purpose disclosed to you and with your consent.
We do not sell any Product Usage Data to third parties for advertising purposes. However, this does not affect our ability to serve advertisements to you based on the products you view on our Website or third party services. For more information about how we collect and use information associated with your use of the Products, please see the section entitled “Information automatically collected” above.
Without limiting the foregoing, in our sole discretion, we may share aggregated information that does not identify you or de-identified information about you with third parties or affiliates for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the section entitled “Rights with Respect to Your Data” below.
4. Age Verification
The products that we sell on our Website are highly regulated and age-restricted. We are required and committed to preventing sales to anyone under the legal purchasing age and we take measures to mitigate this.
We utilize trusted verification services to verify the information that you provide and ensure that you qualify to access and purchase products from the Website. This process has been developed with the customer’s privacy in mind with detailed information neither shared nor accessible.
In some cases, we might not be able to verify your age and/or identity through their verification service. If you are unable to verify your age with the requested information, you will be requested to upload a copy of your government ID that our team can manually verify your date of birth. Photo ID's are uploaded to our third party partner’s secure database and we simply process the result that they provide – we do not receive a file with your ID to be stored on our servers or database.
5. Third Party Tracking and Online Advertising on Our Website
We may share, or we may permit third-party online advertising networks and other third-party services, to collect information about your use of our Website over time so that they may play or display ads that may be relevant to your interests on our Websites as well as on other websites or apps. Additionally, the Website utilizes third-party sites to provide content to PAX Labs customers such as social media features. These third party sites may set cookies on your browser, use various tracking technologies, and/or obtain your IP address. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including hashed data, click stream information, browser type, time and date you visited the Website, and other information. This information is used to display targeted ads on or through our Service or on other websites or apps. We or the online advertising networks use this information to make the advertisements you see online more relevant to your interests.
6. Rights with Respect to Your Data
Modifying or Deleting your Account Information
If you have any questions about reviewing, modifying, correcting, or deleting information you have provided to us through your account, or if you want to remove your name or comments from our Website or publicly displayed content, you can contact us directly at firstname.lastname@example.org. We may not be able to modify or delete your information in all circumstances. Data subjects in Europe have additional rights as set forth in the section entitled “Your European Privacy Rights” below.
Tracking Technology Choices
Opt-out of our collection of the Product Usage Data: You may turn off Pax’s collection of your Product Usage Data by deleting the App from your device.
Analytics and Interest-Based Advertising
You can opt-out of your data being used by Google Analytics through cookies by visiting https://tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on.
Some of the third parties that collect information from or about you on the Services in order to provide you with advertising based on your interests are members of the Network Advertising Initiative (“NAI”) and/or Digital Advertising Alliance (“DAA”). To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, please visit the NAI’s online resources at http://optout.networkadvertising.org, and/or the DAA’s resources at http://optout.aboutads.info (for website opt-out). Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. Further, opting-out only means that the selected members should no longer deliver certain interest-based advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications or by visiting https://www.pax.com/pages/support-form. We make every effort to promptly process all unsubscribe requests. You may not opt out of non-promotional product or service-related communications (e.g., account verification, transactional communications, changes/updates to features of the service, technical and security notices).
Your California Privacy Rights
If you are a California customer, you have the right to receive, once per year, free of charge, 1) the identity of any third party company to which we have disclosed your personal information as defined by California’s “Shine the Light” law for that company’s own direct marketing purpose; and 2) a description of the categories of personal information disclosed. To request this information, please contact us at email@example.com or the mail address set forth in the section entitled “Contact Us” below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are not required to respond to requests made by means other than through the provided email or mail address.
Your European Privacy Rights
If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Services. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Services. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
To exercise any of these rights, contact us at the address set forth in the section entitled “Contact Us” below and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Please note that we store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including, as necessary, to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.
7. International Transfer
8. Children’s Privacy
Our Services are not intended for children. We do not knowingly collect or solicit any information from children as defined by the Children’s Online Privacy Protection Act “(COPPA”). In the event that we learn that we have inadvertently collected information from a child, we will delete that information as quickly as possible. If you believe that we might have any information from a child, please contact us at firstname.lastname@example.org.
9. Third Party Services
We take the security of your information extremely seriously and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our website. If you are using a shared computer to access the Website, we recommend that you log out of your account before ending your browser session. This will help prevent your account from being used by anyone other than yourself. Unfortunately, the transmission of information online is not completely secure. Although we strive to protect all information collected through the Services, we cannot guarantee the security of your information collected and/or transmitted through the Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
12. Contact Us
By email: DPO@pax.com
By mail: Pax Labs, 660 Alabama Street, Second Floor, San Francisco, CA 94110; Attn: Legal Department
For EU-specific requests, please contact our at Data Protection Officer at: DPO@pax.com