Tranquil

Privacy Notice 

Effective Date: 11/13/22

Last Updated: 11/13/22

TechSilver Inc.(“us”, “we”, “our”) respect your privacy.  This Privacy Notice describes the types of information we collect about users (“user”, “you”, your”) of our products and services, including, without limitation, use of www.feeltranquil.com, our mobile application, the Tranquil watch (“Tranquil Watch”), and other devices and/or components which hyperlink to this Privacy Notice (collectively the “Service(s)”).  We also describe in this Privacy Notice how we use your information, with whom we share it, the rights you may have, and how you can contact us regarding our privacy practices.  

By accessing or using the Services, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Notice.‍

• When this Privacy Notice Applies

This Privacy Notice applies to the various types of users who purchase and use      our Services which are offered in the United States.  For example, users include the individuals purchasing the Services for their loved ones (family members, friends, caregivers), and those individuals using our Services, including but not limited to the Tranquil Watch or other devices.  

Please note this Privacy Notice does not apply to:

•  Services      which are      offered outside of the United States.
• Third-party websites or services that may be linked within our Service.  Any information you provide to those third-party websites are controlled by those third parties and are subject to their privacy policies. We encourage you to read their privacy policies carefully before giving them your information.

•      Types of Personal Information We Collect

We collect and generate different types of Personal Information depending on how you use or interact with our Services.  “Personal Information,” includes information that may identify you, and that we collect or which is derived from your interactions with our Services. Examples of Personal Information may include your name, your address, your location, or an online identifier that could identify you (such as an IP address).  Depending on where you live, Personal Information may have a different definition according to the local privacy laws in your state. 

The categories and sources of Personal Information we collect and generate about you may include: 

Creating an Account and Onboarding. When you create a user account we collect information that enables you to register and onboard to use our Service, including your role/relationship with the      user of the      Services  and your language preferences. 

Demographic and Contact Information: Demographic and contact information that you provide to us. For example, we may collect information such as your name, mailing address, e-mail address, and telephone and fax number.   

Using the Services. When you use the Service, we collect additional information that you provide to us directly or which is generated through your use of the Services.  Some examples include:

• When a user is using the app the user will view their own name and address   
• When a loved one is wearing the Tranquil Watch, it will collect heart rate, respiratory rate, temperature, location, sound and voice through the microphone when making calls, accelerometer/movement data, and barometer/fall detection data of the user.      

Financial and Payment Information: When purchasing      our devices and subscribing to our Services, we will collect your payment information. If a credit card is used to purchase, we may collect information necessary to process the credit card transaction, such as the credit card type, number, and expiration date. 

Webforms and Requests: Information you submit to us through online or interactive forms available within our Services. For example, you may “contact us,” submit feedback, request additional information about the Services provided, sign up for a mailing or other type of newsletter, or reach out to us regarding a question or concern. 

Websites and Apps: Information such as your username and password to enter certain sections of our websites, apps or Services, unique identifiers, preference information (such as marketing preferences), browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site, operating system, date/time stamp, and clickstream data and other pieces of information. This is further described in Tracking Technologies subsection below.

Log Information: Usage details of our Services, including the address (or URL) where you came from before visiting us, which pages or features you visit or utilize, which browser you use, search terms you enter, and items you click on. We may also create usage statistics and monitor the traffic from your use or interaction with our Services. 

Internet Protocol (IP) Addresses: Internet protocol (IP) addresses are unique identifiers automatically assigned to each computer when logging onto the Internet. We generally collect IP address information from visitors using or interacting with the Services and we log them for system administration purposes. In some cases, as described below, we may also use IP addresses to serve you ads on third party websites regarding our Services that may be of interest to you based upon your use or interaction with the Services if you have opted-in to certain types of cookies. You can always adjust your Cookie Settings or your individual browser’s settings.  This is further described in the Tracking Technologies section below.

Location Information: Your location information may be collected in a variety of ways depending on how you use or interact with our Services. For example, location information can be derived from your IP address, location information associated with your use of a device, your country or location selection, or other location-based components and content of our Services. When using the Tranquil      Watch, a GPS locator is also enabled. 

Business Interactions: Information derived from your business-related requests, communications, and dealings we have with you, or the company/organization you work(ed) for or are associated with. This may include your job title, business contact information (phone, email, fax, and address), information about products or Services you expressed an interest in or purchased from us, or that we have purchased from you or your company/organization, and other information needed to verify your ability to conduct business with us.  

Social Media: Our Services may link to our pages or accounts on third party social media networks (“social media”) but our Services do not use social media plug-ins. If you choose to interact with us on social media, we may collect the information you publish or submit. Note that this information is also governed by the privacy policies of the respective companies offering the social media service.    

Forums and Blog: Some Services may link to blogs or forums (“forums”) that may or may not be owned or operated by us. If you choose to participate in forums, we may collect the information you submit to the forums. Note that such information may also be governed by the privacy policies of the respective companies offering the forums.  

Customer Support, Product Research, and Feedback: When you reach out to us such as to obtain support, give us feedback about the Service and our Providers, or participate in optional satisfaction surveys, product research (including user testing), we may also collect information that you choose to share.

Personal Information Obtained From Third Parties:  We may also get Personal Information about you from other third parties where permitted by applicable law.   

Cookies and Tracking Technologies:

Our Services may incorporate tracking technologies to provide you with certain functionalities, which collect or generate Personal Information about you when you interact with us.  

Cookies: A cookie is a small file placed on your hard drive by some of our web pages. HTML5 local stored objects may store larger amounts of information on your browser. When you access the Service, either through our mobile applications or website, certain information (including computer and connection information, mobile application use, browser type and version, operating system and platform details, and the time of accessing the Service) is automatically collected. We, or third parties we do business with, may use cookies to help us analyze our web page flow, customize the Service, content and advertising, measure promotional effectiveness, and promote trust and safety.  This information will be collected every time you access the Service if you opt-in, and it will be used for the purposes outlined in this Privacy Notice. 

Types of Cookies we Use:

• Advertising. These cookies are used to provide you with more relevant advertisements.
• Analytics. These cookies assist us with learning more about how users and visitors use our websites, including pages visited, how much time is spent on each page, and similar information.
• Authentication. These cookies assist us with authenticating user and visitor requests, and with maintaining session information related to users.
• Functionality. These cookies help us ensure that the websites function properly.
• Security. These cookies allow our servers to mitigate the risk of information leakage attacks by ensuring that requests are submitted to our websites from proper domains.
• Third-Party. These cookies are placed by our service providers.  

Tags: Pieces of code, or tags, which gather information about users. For example, tags are used on our websites to better understand online usage patterns and trends.  We may also use tags in our emails or newsletters to count how many of those messages are read. 

Widgets: Small components embedded within our Services which enable you to use certain functionalities.  

Google Analytics: Google Analytics uses cookies to collect data such as time of visit, website pages visited, time spent on each website page, IP address, URL, and type of operating system. To learn more about how Google Analytics collects and processes Personal Information, please visit www.google.com/policies/privacy/partners.  To opt out of having your activity available to Google Analytics, you can download the Google Analytics opt-out browser add-on.

Web Beacons: Web beacons are electronic images placed in the code of a webpage, application or email that allow us to monitor things such as user activity and site traffic. Web beacons may be used to track the traffic patterns of users from one page to another in order to maximize web traffic flow. 

Advertising: We may engage third party service providers who utilize tracking technologies to serve you advertisements that you may be interested in. Some of these advertisements may be personalized to you, meaning that the advertisements are intended to be relevant to you based on what we, or the third party service providers, know about you. 

Your Settings and Preferences: 

You can reduce the information cookies and other technologies collected from your device by adjusting your cookie preferences, and/or changing your browser settings to notify you when a cookie is being set or updated, or to block cookies altogether. Some browsers also allow you to control local stored objects through your browser settings. More information about how to do this may be found at www.allaboutcookies.org/manage-cookies or in the “Help” section of your browser. If you choose to block cookies, your use of the Service may be impacted. 

If you would like more information about this and to know your choices about not having this information used by these companies, please visit: the Digital Advertising Alliance’s website, https://www.aboutads.info/, or the Network Advertising Initiative’s website, http://networkadvertising.org/consumer/opt_out.asp.

• How We Use Personal Information

Depending on what Services you use and how you interact with us, we may use your Personal Information in the following ways. 

• To administer the Services;

• To manage business transactions;
• To respond to your inquiries      and provide information about the Services;
• To send you marketing information;
• To send you advertisements you may be interested in;
• To improve the Services and user experience;
• To provide technical support regarding the application 
• If we are involved in a merger, acquisition, or sale of our assets (or a portion thereof), it may impact how we process your Personal Information. In such an instance, we will comply with all applicable laws and treat your Personal Information accordingly;  
• To maintain records relating to your account;
• To manage our relationship and communicate with you and our customers about new features and Services that we may offer;
• To respond to inquiries and resolve disputes;
• To carry out analytics, quality control, security processes and similar activities, in order to identify and develop potential improvements to the Services;
• To aggregate claim information and analyze outcomes for the Services;
• To measure your satisfaction with our company through surveys, feedback and ratings;
• To process payments from you in certain circumstances;
• To prevent, detect, and prosecute illegal or fraudulent activity on the Services; 
• Other uses required to do so by law, for example in order to maintain accounting records, compliance with applicable retention obligations, for purposes of reporting obligations, to respond to lawful requests by public authorities, to investigate potential breaches and to protect our rights, property, safety and those of our users; and
• When permitted by law, we may also enhance or combine information about you, including your Personal Information, with information about you that we obtain from third parties for the same purposes described in this Privacy Notice.

• How We Share Personal Information 

We may share your Personal Information to the following third parties, and for the following reasons, in accordance with applicable law:

Affiliates and Employees:  To our related entity affiliates, and our employees, in order to provide you with the Services. 

To Service Providers:  When we hire a service provider to help operate      our Services, we may give access to Personal Information as necessary to perform the service for us. This may include service providers that      host our Site or Services, process payments on our behalf, manage our technology, send our communications, respond to      requests or alarms triggered by our devices or through our Services, or to run our promotions. 

To Business Partners: We may share Personal Information with our trusted business partners.  For example, we may share your Personal Information with a company who manufactures our devices.      .  These partners and affiliates may use your Personal Information to, among other things, send you information or contact you about their services and products.

For Legal Obligation or Safety Reasons:  When we have a good faith belief that access, use, preservation or disclosure of Personal Information is reasonably necessary to (a) satisfy or comply with any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of our users, or the public against harm.

In the Case of a Merger or Sale:  If and when we are involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as an ongoing concern or as part of bankruptcy, liquidation, or similar proceeding. Personal Information may be transferred along with the business. Where legally required, we will give you prior notice and if you have a legal right to do so, an opportunity to object to this transfer.

Links to/From Third-Party Website:  As a resource to our users, we may provide links to/from other unaffiliated websites or services within our Services. If you choose to visit such third-party websites or services, please note that any information you submit to them is not subject to this Privacy Notice. 

• How We Protect Personal Information

We have reasonable and appropriate security measures in place to protect against the loss, misuse, and alteration of any Personal Information we receive about you. We maintain reasonable security standards to protect the Personal Information that we maintain. If you have any questions about the security of your Personal Information, please contact us. 

Please note that the Personal Information we collect and generate about you may be transferred, stored, or accessed in a destination outside of your country which may have less strict, or no, data protection laws, when compared to the laws in your country. Any transfers of Personal Information to third parties outside your local country will be conducted in compliance with the international data transfer restrictions that apply under applicable data protection laws.

Do Not Track: 

Your browser settings may allow you to automatically transmit a Do Not Track signal to websites and other online Services you visit. We do not alter our practices when we receive a Do Not Track signal from a visitor’s browser.  To find out more about Do Not Track, please visit https://www.allaboutdnt.com. 

How to control your communications preferences:

• You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests.
• You can stop receiving push notifications and/or text messages from us by replying “STOP” and/or adjusting your phone app’s notifications and preferences. 

• Your Rights

Depending on where you live, you may have certain rights regarding your Personal Information.  We will handle any request to exercise your rights in accordance with applicable law, but please note that these rights may not be absolute and may not apply to you, depending on the circumstances, your relationship with us, and where you are located:

• Right to Access your Personal Information 

• Right to Delete your Personal Information

• Right to Correct or Revise your Personal Information

• Right to Object or Withdraw Consent to Process your Personal Information

• Right to Opt-Out of the Sale of your Personal Information 

To exercise your Personal Information rights please contact us using the information in Section 12 below. If you are a resident of California, please see additional information in Section 13 regarding your California specific rights. 

• Retention of Personal Information

We will retain your Personal Information for as long as necessary to fulfill the purposes for which it has been collected, as outlined in this Privacy Notice, or any longer retention period required by law. 

• Children’s Privacy 

The Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 13.  If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable. If you think that we have collected Personal Information via an online Service from a child under the age of 13, please contact us. 

11. Updates To Our Privacy Notice

Please note that we may modify or update this Privacy Notice from time to time, so please review it periodically. We may provide you with an updated Privacy Notice if material changes are made. Unless otherwise indicated, any changes to this Privacy Notice will apply immediately upon posting to the Site.  

12. How to Contact Us

If you have questions about this Privacy Notice, our information practices, or how we  handle your information or would like to exercise your rights, please reach out by contacting us at:

hello@feeltranquil.com, 1-800-467-1494

TechSilver

1011 1st St South Suite 300

Hopkins, MN 55343

13. California Rights.

This section of our Privacy Notice supplements the information contained in our general Privacy Notice above. It applies only to individuals who reside in the State of California (“consumers” or “you”). We adopt this notice to meet the requirements of the California Consumer Privacy Act (CCPA), its amendments and regulations and other laws that provide rights specific to California residents.

1. Categories of Information We Collect

Our Services collect personal information. We have collected the following categories of Personal Information from our consumers within the last 12 months. The sources from which we obtain this information and the ways in which we use this information are set forth in our general Privacy Notice above. We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We will retain your personal information for as long as we need it to provide you with our products and Services. Because the length of your use of our products and Services are not foreseeable, we cannot provide you with an exact timeframe for how long we retain your information. Our legal obligations may also require us to maintain your personal information for longer periods of time if your personal information becomes subject to such legal obligations. For example, if you file a complaint against us we may have obligations to keep this information for longer periods of time in order to adequately respond to or oppose your complaint or comply with reporting requirements. 

1.   Disclosures of Personal Information for a Business Purpose

We disclose your Personal Information to third parties for business purposes. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep any Personal Information it receives confidential and not use Personal Information it receives for any purpose except performing the contract. 

We share your Personal Information with the following categories of third parties:

• Service providers, which we refer to as “vendors, consultants and other service providers” in our general Privacy Statement, above.

1. Your California Rights 

The CCPA provides California consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

1.   Requests to Access Specific Information 

You have the right to request that we disclose information to you about our collection and use of your Personal Information over the past 12 months, and that this information be provided to you in a portable, and readily usable format, to the extent it is technically feasible to do so. You have the right to request the following:

• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting or selling that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you.
• If we sold or disclosed your Information for a business purpose, two separate lists disclosing:

• sales (if any) along with the Personal Information categories that each category of recipient purchased; and 
• disclosures for a business purpose along with the Personal Information categories that each category of recipient obtained.

Once we receive and confirm your verifiable consumer request, we will provide you with the information you request. 

• Deletion Requests

You have the right to request that we delete any of the Personal Information that we collect or retain about you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see below), we will delete (and direct any of our service providers that hold your data on our behalf to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers as permitted by law.

• Correction Requests

You have the right to request that we correct any incorrect Personal Information that we collect or retain about you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see below), we will correct (and direct any of our service providers that hold your data on our behalf to correct) your Personal Information from our records, unless an exception applies. We may deny your correction request if (a) we believe the Personal Information we maintain about you is accurate; (b) correcting the information would be impossible or involve disproportionate; or (c) if the request conflicts with our legal obligations.  

• Right to Opt-out of Sales or Sharing of Personal Information

The CCPA provides California consumers with the right to opt-out of the sale of their Personal Information to third parties. The CCPA defines “sale” or “sell” as disclosing or making available to a third-party Personal Information in exchange for monetary or other valuable consideration. You have the right to opt-out of the sale and sharing of your Personal Information.  

We do not sell your Personal Information. 

As mentioned above we do share your Personal Information. When you opt out of sharing, we will not share your Personal Information with third parties for purposes of cross-context behavioral advertising.

• Exercising Your Rights; Verification

To exercise the rights described above, please submit a request to us by one of the following methods:

• Calling us at      1-800-467-1494
• E-mailing us at hello@feeltranquil.com      

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your Personal Information. You may also make a request on behalf of your minor child.

You may only make a request for access or data portability twice within a 12-month period. The request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will only use Personal Information provided in a request to verify the requestor’s identity or authority to make the request.

We endeavor to respond to requests within 30 days of its receipt, but we are allowed by law to take up to 45 days to respond. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. 

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

• Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or Services.
• Charge you different prices or rates for goods or Services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or Services.
• Suggest that you may receive a different price or rate for goods or Services or a different level or quality of goods or Services.