PRIVACY POLICY

MIMIQ, INC.

PRIVACY POLICY

 

Last Updated: August 27 , 2021

Mimiq, Inc. (“Mimiq,” “we,” “us,” or “our”) respects the privacy of its Users (“User,” “your,” or “you”). This Privacy Policy (the “Privacy Policy”) describes the policies and procedures of Mimiq on how we collect, use, safeguard and disclose your information on all the services, features, content, applications, and products we offer (collectively, the “Application”) and when you use the Mimiq Platform (the “Platform”) through Mimiq’s websites at https://mimiq.io/ and https://thefinestra.com/ (collectively the “Website”).

Mimiq is in the business of designing and selling always connected, digital devices and gateways. This Privacy Policy is applicable to our Website, Platform and all applications offered for sale to the public.

The capitalized terms have the same meaning as ascribed in our Terms of Use or Terms of Service unless otherwise noted here.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE, APPLICATION, AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE, APPLICATION, AND PLATFORM.

IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT [email protected].

WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO.

 

  1. TERRITORIAL RESTRICTION

Our Website, Application, and Platform are only available for use and download outside the European Union. Our Website, Application, and Platform are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website, Application, or Platform. If you are a resident of the United States (“US”), the laws of the State of Delaware, United States shall apply. If you are a resident of any other country, please ensure compliance with all local laws prior to using our Website, Application, or Platform. You must comply with this Privacy Policy and our Terms of Use, or Terms of Service as applicable.

If you have any questions regarding this Section, please email us at [email protected].

  1. TYPES OF DATA COLLECTED

This Privacy Policy covers the treatment of personally identifiable information (“Personal Data”) gathered when you are using or accessing the Website, Application, or Platform which may include your name, address, online contact information such as your email address or username, phone number, and other personal information. The information so collected will be stored on our servers. Among the types of Personal Data that Mimiq collects, by itself or through third parties, there are: Cookies, Usage Data and Email. The Personal Data may be freely provided by the User, or collected automatically when using the Website, Application, and Platform.

Other Personal Data collected may be described in other sections of this Privacy Policy or by dedicated explanation text contextually with the Personal Data collection, such as:

  1. Geolocation and Equipment Information. We may collect information that does not personally identify you such as (i) your geolocation, and (ii) information about your internet connection, the equipment you use to access our Website, Application, or Platform, and usage details.

 

  1. HOW DO WE COLLECT INFORMATION?

We collect personal information from you in the following ways:

  1. At registration on our Website, Application, or Platform;
  2. In email, text, and other electronic messages between you and our Website, Application, or Platform;
  3. Through mobile and desktop Applications your downloads from our Website, Application, or Platform, which provides dedicated non-browser based interaction between you and our Website, Application, or Platform;
  4. When you interact with our advertising and Applications on third-party website and services, if those Applications or advertising include a link to this Privacy Policy;
  5. From you placing an order, which includes details of transactions you carry out on our Website, Application, or Platform;
  6. When you subscribe to a newsletter;
  7. From your responses to a survey;
  8. From forms filled out by you;
  9. From records or copies of correspondences (including email addresses) if you contact us;
  10. From search queries on our Website, Application, or Platform; and
  11. When you post information to be published or displayed on our Website, Application, or Platform.

We collect information from you automatically when you navigate through our Website, Application, or Platform in the following ways:

  1. Usage details;
  2. IP addresses;
  3. Information obtained through browser cookies;
  4. Information obtained through flash cookies;
  5. Web beacons on our Website;
  6. Web beacons on emails sent by us; and
  7. Other tracking technologies.

 

  1. HOW DO WE USE YOUR INFORMATION?

We use the information that you provide to:

  1. Personalize your experience in using our Platform;
  2. Provide you with information, products, or services requested from us;
  3. Present our Website, Application, and Platform and their contents to you;
  4. Provide you with notices about account and/or subscription, including expiration and renewal notices;
  5. Carry out obligations and enforce rights arising from contracts entered into between you and us, including billing and collection;
  6. Notify you about changes to our Website, Application, and Platform and any products or services;
  7. Allow you to participate in interactive features on our Website, Application, and Platform;
  8. Improve the Website, Application, and Platform;
  9. Improve our customer service;
  10. Administer contests, promotions, and surveys or other Website, Application, and Platform features;
  11. Process transactions;
  12. Anonymize data and aggregate data for statistics;
  13. Contact you for other purposes with your consent;
  14. Contact you about our products and services that may be of interest;
  15. Contact you about third parties’ goods and services;
  16. Enable the display of advertisements to our advertisers’ target audiences, although personal information is not shared with advertisers without your consent; and
  17. Send you periodic emails, in accordance with the CAN-SPAM Act of 2003 as detailed in Section 11, via the email address provided by you to (i) send information, respond to inquiries, and/or other requests or questions; (ii) process orders and send information and updates pertaining to such orders; (iii) send additional information related to your product and/or service; and (iv) market to our mailing list or continue to send email to you after the original transaction has occurred.

 

  1. OUR COOKIE POLICY

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.”

We use Cookies on our Website and Application to (a) help remember and process items in the shopping cart, (b) understand and save your preferences for future visits, (c) keep track of advertisements, (d) compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future, and (e) allow trusted third-party services that track this information on our behalf. You can set your browser to refuse all or some browser Cookies, but it may affect your user experience. We honor Do Not Track signals and, if one is in place, we will not track, plant cookies, or use advertising.

We allow third party behavioral tracking and links to third-party web pages. Occasionally, at our discretion, we may include or offer third-party products or services on our Website, Application, or Platform. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Website, Application, or Platform and welcome any feedback at about these sites. Please contact us at [email protected]

  1. DATA SECURITY MEASURES.

Fair Information Practice Principles. In the event of a personal data breach, we will notify you within fifteen (15) days via (i) email and/or (ii) our Platform notification system on our Website and/or Application. We agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

 

  1. METHODS AND PLACE OF PROCESSING

Mimiq processes the Personal Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Personal Data. The data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated.

 

  1. DISCLOSURE OF PERSONAL INFORMATION

There are times when we may share Personal Information that you have shared with us may be shared by Mimiq with others to enable us to provide you over Services, including contractors, service providers, and third parties (“Partners”). This section discusses only how Mimiq may share such information with Partners. We will ensure that our Partners protect your Personal Information. The following describe how and with whom we may share your Personal Information:

Disclosure of Personal Information.

  1. We may disclose aggregated, de-personalized information about you that does not identify any individual to other parties without restriction, such as for marketing, advertising, or other uses.
  2. We may disclose personal information to our subsidiaries and affiliates.
  3. We may disclose personal information to contractors, services providers, and other third parties.
  4. We require all contractors, service providers, and other third parties to whom we disclose your personal information to be under contractual obligations to keep personal information confidential and to use it only for the purposes for which we disclose them.
  5. We may disclose personal information in the event of a merger, sale of business, etc.
  6. We may disclose to third parties to market their products and services to you if you have either consented or not opted out of these disclosures.
  7. We may disclose personal information to third parties to market their products and services if you have either consented or not opted out of these disclosures.
  8. We require all other Partners, to whom we disclose your personal information, to enter into contracts with us to keep personal information confidential and use it only for the purposes for which we disclose it to such Partners.
  9. We disclose personal information to fulfill the purpose for which you have provided it
  10. We may disclose personal information for any other purpose for which you have provided it.
  11. We may only disclose personal information as described in this Privacy Policy or your consent.

 

Other Disclosure of Personal Information.

  1. We will disclose personal information (i) to comply with any court order, law, or legal process, including to respond to any government or regulatory request, (ii) to enforce or apply our Terms of Use or Terms of Service and other agreements, including for billing and collection purposes, (iii) if we believe it is necessary or appropriate to protect the rights, property, or safety of Mimiq, our customers or others, and/or (iv) if it is necessary or appropriate to protect the rights, property, or safety of Mimiq, our customers, or others, and this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

Third Party Disclosure.

We do not sell, trade, rent, or otherwise transfer personal information to others, unless we provide you with advance notice. This does not include our hosting partners and other parties who assist us in operating our Website, Application, or Platform, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

  1. GOOGLE ADSENSE AND GOOGLE ANALYTICS

Google, as a third-party vendor, uses Cookies to serve advertisements to Users on our Website, Application, and Platform. Google uses first-party Cookies, such as Google Analytics Cookies, to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Platform. We currently use Google Analytics to collect and process certain Website and Application usage data. To learn more about Google Analytics and how to opt-out, please visit https://policies.google.com/privacy/google-partners.

We have implemented advertising features on our Website, Application, and Platform including: (a) remarketing with Google AdSense; (b) Google Display Network Impression Reporting; (c) Google Demographics and Interests Reporting; and (d) Google’s DoubleClick platform integration.

We use these Cookies to compile data regarding User interactions with ad impressions and other ad service functions as they relate to our Website or Application.

 

  1. COPPA COMPLIANCE (FOR CHILDREN UNDER 13 USERS ONLY)

The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website, Application, and Platform are not meant for use by children under the age of 13. Our Website, Application, and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at [email protected]

IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE, APPLICATION, OR PLATFORM.

 

  1. CAN-SPAM ACT OF 2003

The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations. Per the CAN-SPAM Act, we will:

  1. not use false or misleading subjects or email addresses;
  2. identify the email message as an advertisement in some reasonable way;
  3. include the physical address of Mimiq, which is 620 Iris Ave #432, Sunnyvale, California 94086 USA;
  4. monitor third-party email marketing services for compliance, if one is used;
  5. honor opt-out/unsubscribe requests quickly; and
  6. give an “opt-out” or “unsubscribe” option.

If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at [email protected]. and we will promptly remove you from all future marketing correspondences.

 

  1. THIRD PARTY CONTENT AND ADVERTISING
  1. Displaying content from external platforms

Mimiq’s services allow you to view content hosted on external platforms including social networks directly from the Website, Application, and Platform and interact with them. If a service of this kind is installed, it may still collect web traffic data for the pages where the service is installed, even when users do not use it.

a) Vimeo.com is a video content visualization service provided by Vimeo that allows the Application to incorporate content of this kind on its pages.

Personal Data collected: Cookie and Usage Data

Place of processing : USA

 

  1. Interaction with external social networks and platforms

These services allow interaction with social networks or other external platforms directly from Website, Application, and Platform .This interaction and information obtained by Website, Application, and Platform are always subject to the User’s privacy settings for each social network. If a service enabling interaction with social networks is installed it may still collect traffic data for the pages where the service is installed, even when Users do not use it.

a) Twitter Tweet Button and Social Widgets (Twitter)

The Twitter Tweet button and social widgets are services allowing interaction with the Twitter social network provided by Twitter Inc.
Personal Data collected: Cookie and Usage Data.
Place of processing : USA

b) Facebook Like Button and Social Widgets (Facebook)

The Facebook Like button and social widgets are services allowing interaction with the Facebook social network provided by Facebook, Inc.
Personal Data collected: Cookie and Usage Data.
Place of processing : USA

 

  1. Advertising

To help us deliver ads (remarketing), measure their performance, and make them more relevant to you based on criteria like your activity on our Website, Application, and Platform , we use cookies and pixels to tailor ads and measure their performance. Using these technologies, we can show you ads and evaluate their effectiveness. This helps us provide high-quality ads and content that might be more interesting to you.

If you would like to change the way we collect data about you in Twitter, visit Twitter account settings, Do Not Track browser setting, and the opt-out choices of Twitter’s ads.
Our third-party advertising providers, including Google Analytics for Display Advertisers, also use these technologies for marketing on our behalf, including the delivery of interest-based ads and measurement of their performance.

If you do not want our advertising providers to use your visits to Twitter websites to show you personalized ads on our behalf, you can opt out using your Do Not Track browser setting.
You can also opt out of Google Analytics by installing Google’s opt-out browser add-on, and out of interest-based Google ads using Google’s Ads Settings. To opt out of activity-based ads in Facebook, visit your Facebook Ad Settings.

 

  1. Managing email addresses and sending messages

These services make it possible to manage a database of subscription-based email contacts to communicate with the User via email. The services are used to collect data concerning the date and time when the mail is viewed by the User, as well as when the User interacts with incoming mail, such as by clicking on links included in the email. MailChimp

MailChimp is an email address management and message sending service provided by The Rocket Science Group, LLC d/b/a MailChimp, a State of Georgia limited liability company.

Personal Data collected: Email address.
Place of processing : United States

 

  1. INFORMATION NOT CONTAINED IN THIS PRIVACY POLICY

More details concerning the collection or processing of Personal Data may be requested from the Mimiq at any time. Please see the contact information at the end of this Privacy Policy.

 

  1. FOR OUR CANADIAN USERS

This Section supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others to our Website, App, or Platform, who reside in Canada (“consumers” or “you”). We ensure with the Personal Information Protection and Electronics Document Act of 2000 (“PIPEDA”) and any terms defined in the PIPEDA have the same meaning when used in this Section.

a. Definition of Personal Information. Any information about an identifiable individual. Whatever may be the physical form or characteristics of a particular regime for “business contact information” (name, position, title, address, professional phone number, etc.)

b. Right to Access Personal Information. You can request to access your personal information we hold about you. We will first confirm whether you have requested such information, explain how we have used your information, provide a list of names with whom your information has been shared and provide a copy of your information in an accessible format and make alternative formats available if requested.

c. Right to Correction/Limited Right to Deletion. You can request us to correct or delete your information IF you demonstrate that the personal information we hold on you is inaccurate. We will delete or correct your information within thirty (30) calendar days. When we delete/correct your personal information we will inform the third parties with whom we have shared your information.

d. Right to be Forgotten. Your information will be kept with us for as long as it is required for the fulfillment of the purposes of Mimiq platform. Unless we otherwise give you notice, we will retain your Information on the Mimiq Platform on your behalf until such times as you or we terminate your User Account.

e. Data Breach Notification. We will send a notification to you as soon as feasible regarding the information of any breach that creates a “real risk of significant harm” to you. We keep a record of every data breach and, on request, provide the Office of the Privacy Commissioner with access to the record.

f. Canadian Privacy Officer. We have appointed a Canadian Privacy and Data Protection Officer, Noyan Berker, [email protected], to make sure the privacy rights of our Canadian users are protected in compliance with PIPEDA.

g. Two Factor Authentication. You may enable two-factor authentication on your account to help ensure that only you can access your account. If you do, in addition to entering your password to log in to your account to access the Mimiq Platform, we will send a code to your mobile number, which you will need to enter. This added security prevents anyone else from accessing your Mimiq account unless they have access to your login information.

h. Contact Information. You may contact us (i) at [email protected]iq.io or (ii) by writing to us at Noyan Berker, at 620 Iris Ave #432, Sunnyvale, California 94086 USA to (i) make a Personal Information Request, (ii) correct or delete your personal information, (iii) discuss our Privacy Policy and/or anything that has to do with it. We will respond within thirty (30) calendar days of receiving such a request or query. Additionally, in order for us to respond to your request or query, we will need to collect information from the requesting party to verify their identity.

 

  1. YOUR CALIFORNIA PRIVACY RIGHTS

Mimiq does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h). Additionally, California Civil Code Section § 1798.83 permits Users of our Website, App, or Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to [email protected] or write us at Mimiq, 620 Iris Ave #432, Sunnyvale, California 94086 USA.

Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at [email protected] or write us at Mimiq, 620 Iris Ave #432, Sunnyvale, California 94086 USA.

  1. THE RIGHTS OF USERS

Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Mimiq to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Mimiq at the contact information set out below. This Application does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

  1. CHANGES TO THIS PRIVACY POLICY

Mimiq reserves the right to make changes to this Privacy Policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to this Privacy Policy, the User must cease using the Website, Application, or Platform and can request that the Mimiq erase the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Mimiq has about Users.

 

  1. LIST OF THIRD-PARTY SERVICE PROVIDERS

Mimiq uses the following third-party service providers for the provision of services as detailed under the Terms of Use or Terms of Service, as applicable

Name of Third-Party Service Provider Contact Information
Amazon Web Services Inc. (North Virginia, US)

Website: https://aws.amazon.com/premiumsupport/knowledge-center/aws-phone-support/

Address: 410 Terry Avenue North, Seattle, WA 98109-5210

Google Cloud

Website: [email protected]

Telephone: (855) 817-0841

Helium Cloud

Website: https://www.helium.com/

Address: 1663 Mission Street, Suite 250 San Francisco CA 94103

 

Actility

Website: https://www.actility.com/

Address: 65-67 Rue de la Victoire, France

 

The Things Network Website: https://www.thethingsnetwork.org/docs/lorawan/
Mailchimp operated by The Rocket Science Group LLC

Website: https://mailchimp.com/contact/

Address: 675 Ponce de Leon Ave NE, Suite 5000. Atlanta, Georgia 30308

 

Additionally, if you have any questions or concerns about our third-party service providers, please email us at [email protected].

 

  1. COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website, Application, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work(s) that you claim to have been infringed;
  3. Identification of the material on our Website, Application, or Platform that you claim is infringing and that you request us to remove;
  4. Sufficient information to permit us to locate such material;
  5. Your address, telephone number, and email address;
  6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

Mimiq’s Copyright Agent to receive DMCA Takedown Notices is Noyan Berker, at [email protected], and at Mimiq, Attn: DMCA Notice, 620 Iris Ave #432, Sunnyvale, California 94086 USA. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Mimiq in connection with the written notification and allegation of copyright infringement.

  1. INFORMATION ABOUT THIS PRIVACY POLICY

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

  • Privacy Officer
  • Email: [email protected]
  • Address: Mimiq, 620 Iris Ave #432, Sunnyvale, California 94086 USA

 

PLEASE NOTE: IF YOU USE OUR WEBSITE, APP, OR PLATFORM, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR TERM OF USE OR OUR TERMS OF SERVICE, AS APPLICABLE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR OUR TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE, APP, OR PLATFORM.

 

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