Last updated: June 7, 2018
Your privacy is important to SmartByte. We developed this Privacy Statement to provide you with information on how we collect, use, share and store your Personal Information when you use the SmartByte wearable device and app, and the SmartByte reader.
Ways SmartByte Collects and Uses Personal Information
“Personal Information” is information that, either alone or in combination with other information collected, identifies an individual. When we combine other information (i.e., information that does not, on its own, identify an individual) with Personal Information, we treat the combined information as Personal Information.
When You Create a SmartByte Account
When you create a SmartByte account, we ask you to provide Personal Information, including your email address and name. You do not need to provide your full name, but you may if you wish. You will use your email address and your password to login to your account. Your SmartByte account will be password-protected. You can add additional information to your profile, such as your gender, birthdate, height and weight. This information is used for purposes such as calculating your body-mass index (“BMI”) and providing you with coaching. Consistent with applicable laws and the choices available to you as described below under Your Choices Regarding Marketing Correspondence, SmartByte may also use this information to send you information about SmartByte products or apps that might be of particular interest to you.
When You Sync Your Device and Upload Your Sensor Data
You can upload the SmartByte usage data stored on the sensor in your device by using your SmartByte reader and app. This enables you to analyze your usage data, track your compliance, and compare your weight trend with device usage.
SmartByte may access your SmartByte account to provide you with product support if you contact SmartByte’s product support personnel. SmartByte may also use your device usage data for purposes of providing you with a more personalized user experience.
When you sync your device through the SmartByte app we log data about the transmission, such as the sync time and date, crash/diagnostic logs, geographic location of the device, and information about your device. We use this information to help identify and resolve syncing issues.
When You Communicate with SmartByte
When you interact with our customer support representatives via email, telephone, online or in person, we may collect Personal Information, such as your name, mailing address, phone number, email address and contact preferences; and information about the SmartByte products you own, such as their serial numbers and date of purchase. We also may create event logs that are useful in diagnosing product or app performance related issues, and capture information relating to the support or service issue. We use this information to provide you with customer and product support. We may access your SmartByte account in order to assist us in providing you the necessary assistance. To improve customer service, subject to applicable laws, we may also record and review conversations with customer support representatives, and analyze any feedback provided to us through voluntary customer surveys.
We may use Personal Information to communicate with you, including communicating with you about your account or transactions with us, giving you important information about your products or apps, sending you notice about material changes to this Privacy Statement, and, consistent with applicable laws and the choices available to you as described below under Your Choices Regarding Marketing Correspondence, sending you offers and promotions for our products and apps.
Other Uses of Personal Information by SmartByte
SmartByte also may use Personal Information for internal statistical, marketing or operational purposes, including generating sales reports and measuring and understanding demographics, user interests, purchasing and other trends among our customers.
We may disclose Personal Information about you to others if we have your consent to do so in such form of consent as may be required under applicable law.
Subject to applicable laws in your jurisdiction, we may also disclose Personal Information about you to others as we believe to be necessary or appropriate: (a) under applicable law or regulation, including laws or regulations outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public authorities and law enforcement offcials, including offcials outside your country of residence; (d) to assist or support theft investigations involving SmartByte products or property, (e) to enforce any of our terms and conditions or policies; (f) to protect our operations or those of any of our affliates and subsidiaries; (g) to protect the rights, privacy, safety or property of SmartByte, its affiliates and subsidiaries, you or others; or (h) to permit us to pursue available remedies or limit the damages that we may sustain.
We may also transfer Personal Information to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of SmartByte’s business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding.
Links, Third Party Apps and Third Parties’ Privacy Practices
Data Storage Location
When you provide information to SmartByte or sync your SmartByte device, your Personal Information and activity data on SmartByte Connect will be collected and stored by SmartByte in the United States.
SmartByte takes reasonable security measures to help protect against loss, misuse, unauthorized access and unauthorized disclosure or alteration of the Personal Information under its control. For additional details about SmartByte’s data security measures or to report a possible security vulnerability or incident, click here.
Your Choices Regarding Marketing Correspondence
We may use your Personal Information to send you marketing-related correspondence (including emails) related to SmartByte products or apps. We do not share Personal Information with third parties for the third parties’ marketing purposes.
To opt out of receiving marketing-related correspondence from SmartByte, please update your email preferences in the SmartByte Preference Center or click “Unsubscribe” from any marketing email you receive from SmartByte.
Policy with Respect to Children
SmartByte and the SmartByte app are not directed to individuals under the age of 18, and we request that individuals under 18 not provide Personal Information to SmartByte. If we learn that we have collected the Personal Information from a person under 18, we will take steps to delete the information as soon as possible.
Privacy Statement Updates
We may change this Privacy Statement from time to time as we add new products and apps, as we improve our current offerings and as technologies and laws change. You can determine when this Privacy Statement was last revised by referring to the “LAST UPDATED” legend at the top of this page. Any changes will become effective upon our posting of the revised Privacy Statement.
We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Consistent with applicable laws, this notice will be provided by email or by posting notice of the changes on the SmartByte website and through the SmartByte app.
Retention of Personal Information
We will retain your Personal Information for the period necessary to fulfill the purposes for which your Personal Information has been collected as outlined in this Privacy Statement unless a longer retention period is required by law.
How You Can Review, Correct, Update and Delete Your Personal Information
SmartByte takes reasonable steps to help ensure that the Personal Information we collect from you is accurate, complete and current. You may request access to your Personal Information and request that erroneous or inaccurate Personal Information be updated. You may also request that your Personal Information and SmartByte app account be deleted. SmartByte will respond promptly to your requests in accordance with applicable law. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We may decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we may need to retain certain Personal Information for a longer period of time for recordkeeping purposes, such as retaining records relating to your purchases for warranty or accounting purposes.
Access, correction or deletion requests can be made as follows: