Privacy Policy

Evoz™ Privacy Policy

This is the privacy policy (“Privacy Policy“) that governs how we, Evo Inc. (“Evo“), use Personal Information (defined below) that we collect, receive and store about individuals in connection with the use of (i) any mobile application that we license including, without limitation, the Evoz Monitor App (each, together with its content and services, the “App“); and/or (ii) the websites www.evomonitors.com or www.myevoz.com, and any other website that we operate (each, together with its content and services, a “Site“).  The App and Site are individually and collectively referred to as the “Service“.

This Privacy Policy forms part of, as applicable, the Terms of Use, available at http://myevoz.com/tos (“Terms“) and the End User License Agreement the terms of which you read and agreed to prior to downloading and installing the App (the “EULA“).

1. Introduction. We have implemented this Privacy Policy because your privacy, and the privacy of other Service users, is important to us.  We provide this Privacy Policy explaining our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the Service.  “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 or other contact information.
2. Consent and Modification. By using the Service, you consent to the terms of this Privacy Policy and to Evo’s processing of Personal Information for the purposes set forth herein.  If you do not agree to this Privacy Policy, please do not use the Service.  We reserve the right, at our discretion, to change this Privacy Policy at any time, which change will be effective ten (10) days following posting the revised Privacy Policy on the Site.  Your continued use of the App and/or Site ten (10) days following such posting means you will accept those changes.
3. Receipt and Collection of Information. We receive and/or collect information from you in the following ways:

3.1.         Account for App Users.  In order to access and use the App, you must create an account (“App Account”) and provide us with your user name, email address, and a password that you will use for your Account.  You may also choose to provide us additional information, including: your zip/postal code, country, and/or the name of a Child (as defined below) and his/her gender and birth date.

3.2.         Access to the Site and Account for Site Users.  We do not currently require you to provide Personal Information in order to have access to general information available on the Site.  However, in order to provide you with certain services that we offer through the Site, you must create an account (“Site Account”, and together with the App Account, the “Account“) and provide us with your user name, email address, and a password that you will use for your Account.  You may also choose to provide us additional information, including: your zip/postal code, country, and/or the name of a Child (as defined below) and his/her gender and birth date.

3.3.         Feedback.  If you send us feedback we will receive and store a copy of your email address, as well as any other Personal Information you disclose, which we will use to reply to you.

3.4.         Services.  The Service enables you to participate in different services that we provide and we may collect or you may provide us with Personal Information in connection thereto.  Such services include, without limitation:

(i)      Monitoring and Notification Services.  The Service enables you to receive certain monitoring and notification services, as further defined in the Terms (“Monitoring and Notification Services“).  If you decide to participate in the Notification Services you will need to provide us with your telephone number and/or email address that you wish to receive text messages/SMS and email alerts (you agree not to provide the contact information for any third party without their express consent).

(ii)     Sleep Data Services.  The Service enables you to receive data regarding the sleeping patterns of your Child (as defined below) (“Sleep Data Services“).  If you decide to participate in the Sleep Data Services you will need to provide us with certain information including the name and age of your Child.  The Sleep Data Services also includes the option of comparing your Child’s sleep data to that of other children.  Any information with respect to any other child or third party will only be provided on an anonymous basis.  “Child” means your (including if you are a legal guardian) child or a minor for whom you have obtained parental (or legal guardian) consent.

3.5.         Purchases.  The Service may include the option to purchase certain products or services from us.  If you choose to purchase a product or service from us we will require sufficient information from you to complete the transaction.  Such information could include a credit card number and related account and billing information, invoice related information, and other data required to process the order.  We may also update such data should you grant us permission to bill you or your credit card for recurring charges, such as monthly or other types of periodic payments.  We may use the tools, software or services of third-party service providers to process transactions on our behalf, in which case you acknowledge and agree to review and be bound by the terms of use and privacy policy of said third-party service provider.  Except as set forth herein, we will not share your financial Personal Information with any third person or entity.

3.6.         Cookies and Other Tracking Technologies.  The Service may utilize “cookies”, log-files and other tracking technologies.  A “cookie” is a small text file that may be used, for example, to collect information about Site activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a Site user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.  You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.  We may also collect limited information from your mobile device in order to provide the Service.  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. Publicly Available Information. The Service permits you and other Service users to post and publish information, video, image, data, text, documents, and other content onto public areas of the Service (“User Submissions“).  You acknowledge and agree that your User Submissions become publicly published content and will be available to other Service users.  This is the case even if your User Submission contains Personal Information.  Please note that if you publish your contact information, you may receive unsolicited messages from Service users.  We therefore encourage you to post and publish only information you are sure you want to be accessible to anyone.
5. The Way We Use Personal Information. If you submit Personal Information to us through the Service, then we will only use such Personal Information to provide (and improve) the Service to you.  Such use may include:

5.1.         We will use your Personal Information to identify and authenticate your access to, as applicable, the App’s and Site’s services that you are authorized to access.

5.2.         We will use your Personal Information to contact you (including, for example, by email, text message/SMS, and such other means as you may permit us) in connection with our services that you have joined (including, without limitation, the Notification Services and Sleep Data Services) and provide you information in connection therewith.

5.3.         We may use your email address to send you updates, a newsletter or news regarding our services.  You may easily remove yourself from our mailing list.  Each email you will receive from us will contain clear instructions on how to remove yourself.

5.4.         We may transfer your Personal Information within Evo or to Evo’s third-party service providers (such as credit card payment processors and text messages or SMS delivery providers), but only to provide the Service to you.  This information may be transferred to other countries around the world.  We require that these parties agree to process such information in compliance with, or in accordance with terms that are at least substantially similar to, our Privacy Policy.

5.5.         If, and only to the extent that, you provide your express consent and instruction, we may disclose specific Personal Information to third party service providers or professional practitioners that you nominate, such as sleep or parenting consultants or family therapists, in connection with your receipt of services from said service provider.

5.6.         We may disclose your Personal Information or any information you submitted via the Service 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 Terms or 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 Evo, its 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, to improve the Service.  We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeting advertisements.  “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our Site and services.
7. Choice. At all times, you may choose whether or not to provide Personal Information to us.  The notices that we provide on the Service in circumstances where we collect Personal Information should help you to make this choice.  If you choose not to provide the Personal Information we request, you may still visit parts of the Site and/or App, but you may be unable to access certain options, offers, and services that involve our interaction with you.
8. Access/Accuracy. To the extent that you do provide us with Personal Information, Evo wishes to maintain accurate Personal Information. You may check your Account, which includes your profile information, and update your details at any time via the Service.
9. Collection of Information by Third-Party Sites. We may use a reputable third party to present or serve advertisements that you may see on the Service.  These third party ad servers may use cookies, web beacons, clear gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements’ effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.
10. Links to Other Sites. The Service may contain links to third party websites that are not owned or controlled by Evo.  We are not responsible for the privacy practices or the content of such other third party websites, and you visit them at your own risk.
11. Children’s Privacy. The Site is not structured to attract children under the age of 18.  Accordingly, we do not intend to collect Personal Information directly from anyone we know to be under 18 years of age.  To the extent that you provide us with, or we collect, Personal Information about a Child we will maintain such Personal Information in accordance with this Privacy Policy and in any event with applicable law.
12. Security. The security of Your Personal Information is important to us and accordingly we strive to use commercially acceptable means to protect your Personal Information.  If you have any questions about security in connection with the Service, you can contact us at support@evomonitors.com.
13. In the Event of Merger, Sale, or Bankruptcy. In the event that Evo is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control.  In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how Personal Information is treated, transferred, or used. In any of the circumstances described in this paragraph, the information will be subject to the privacy policy of the purchaser or assignee.
14. US-EU Safe Harbor. Evo complies with the U.S.-EU Safe Harbor Framework and has certified its adherence to the Safe Harbor Privacy Principles (http://export.gov/safeharbor/). For any questions, complaints, access requests, and any other issues arising under the Safe Harbor, please contact Ruwan Welaratna (ruwan@evomonitors.com).
15. Commitment. We are committed to protecting your privacy and the privacy of your Child.  If you have any comments or questions regarding our Privacy Policy, please contact us at support@evomonitors.com.  While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.

Last modified: 14 April 2014