(i) the XK mobile software application (“App”); and (ii) the Xandar Kardian product (“Product”) and the software products and applications contained therein (“Software”). Unless otherwise expressly provided herein, all references to the Product will include the Software.
“Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address, a home or other physical address, or other contact information.
4. What Personal Information We Collect and How We Collect It. We receive and/or collect Personal Information from you in the following ways:
4.1. Account. In order to use the App and the services provided in connection therewith, you may be required to create an account (“Account”). We may offer different options to create an Account. If you create an Account you will be required to provide us with certain information, such as your name and email address, as well as a password that you will use for your Account (“Account Information”). You may also choose to provide additional Personal Information as part of the Account registration process and in connection with your ongoing use of your Account.
We may send you an e-mail to the e-mail address you submit to confirm your registration. If you choose not to create an Account, you will not be able to access or use the App.
4.2. ‘Contact Us’ Information. If you send us a “Contact Us” request by submitting an online form that we make available, you may be required to provide us with certain information such as your name and email address.
4.3. Location Data. We may obtain certain data based on the Wi-Fi connection received by the Products. Xandar Kardian PERS NZEL100 device as well as other Xandar Kardian products may contain GPS or other geo-locating systems to help locate the user when an SOS is requested.
4.5. Mobile Device Data. We may collect limited information from your mobile device in connection with your use of the App. Such information may include your mobile device type, mobile device ID, and date and time stamps of App use. In addition, we may deploy tracking technologies within the App to help us gather aggregate statistics, but we will not use Personal Information for such purposes.
4.6 Health Data. We may collect limited information about your health including long term vital signs (RHR/BR), movement index, fall detection analysis and sleep analysis in order to store them for review by the end user. You may opt out of this service in the mobile app’s settings -> Do Not Store My Health Data.
The Way We Use Personal Information. If you submit or we collect Personal Information through the App and/or Product, then we may use such Personal Information in the following ways:
5.1. If you are a Product user, we will collect detected motion data collected by the sensor contained within the Product (“Motion Data”). We will use such Motion Data to: (i) operate, maintain and support the App and Software and provide you with the services related thereto; and (ii) transfer your Motion Data to the App user designated by you (“Designated App User”) and provide such Designated App User with information and notifications regarding your Motion Data.
5.2. We will use any personal information that we collect or obtain in connection with the App, such as your name, email and phone number, in order to provide you with information and notification regarding Motion Data of a specific Product user that selected you as a Designated App User.
5.3. We will use your Personal Information to: (i) maintain and improve our App and Product and to provide the related services; (ii) send you marketing/advertisement communications that we believe may be of interest to you; (iii) contact you in connection with the App and/or Product and certain programs or offerings that you may have registered for; and (iv) identify and authenticate your access to the App and/or Software.
5.4. We may use your designated email address to: (i) send you updates or news regarding the App and/or Product and our products; and/or (ii) respond to a “Contact Us” or administrative request (for example, to change your password).
5.7. We may disclose your Personal Information or any information you submitted via the App and/or Product if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our EULA, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of XK, our users, yourself or the public.
6. Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve our App and Product and enhance your experience with the App and Product. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our App and/or Product.
7. Opting Out. You may choose not to receive future promotional, advertising, or other App and/or Product-related emails from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of the App and/or Product.
8. Choice. At all times, you may choose whether or not to provide or disclose Personal Information. If you choose not to provide mandatory Personal Information, you may be unable to access certain options, programs, offers, and services included in the App and Product.
9. Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any of your other Personal Information that we may be storing, you may submit an access request by contacting through the App. Your email should include adequate details of your request.
11. Children’s Privacy. The App and Product are not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us through the App.
12. Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the App and/or Product, you can contact us through the App.
13. Merger, Sale or Bankruptcy. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.
14. California Privacy Rights. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us through the App. Please note that we are only required to respond to one request per customer each year.
15. Our California Do Not Track Notice. We do not track consumers over time and across third party websites and therefore do not respond to Do Not Track signals. We do not allow third parties to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the App and/or Product.
Last updated: December 28, 2018