Privacy Policy

Matrix Privacy Policy for the Matrix PowerWatch® Mobile Application and Matrix PowerWatch®

(Last Updated November 2017)

 

Matrix Industries, Inc. (“Matrix,” “we,” “us” and/or “our”) is dedicated to protecting your personal information and informing you about how we use it. This privacy policy (the “Privacy Policy” or the “Policy”) is intended to provide information to you about how we collect, protect, share and use your information when you use the Matrix Powerwatch® mobile application (the “App”) or the Matrix Powerwatch® (the “Watch”). This Privacy Policy outlines how and when Matrix collects, protects, shares, and uses information that can identify you individually (“Personal Information”), such as your name, email, telephone number, or payment information. Personal Information does not include information that is anonymous, aggregated, or can no longer be used to identify you as an individual.

Matrix websites that do not include a link to this Privacy Policy and include a link to a different Privacy Policy are governed by that privacy policy.

This Privacy Policy covers the privacy practices of Matrix only. This Policy does not apply to the practices of third party websites, services or applications, including third parties with which we partner. These third party services are governed by each such third party’s privacy policy. Matrix is not responsible for the privacy policies and practices of technology platforms other than that of Matrix, and Matrix is not responsible for the failure of unaffiliated third parties to honor their privacy obligations.

  1. Information We Collect

            Information You Provide

We collect Personal Information from you when you provide such information, such as when you create an account (“Account”) though the App; when you add a Watch to your Matrix Account; when you sync your Watch and upload your activities and activity data; or when you contact us with inquiries. For example:

  • When you create an account (“Account”) though the App, you will provide your email address and your password to login to your Account. Your Matrix Account will be password-protected. You may also provide additional information when you create an Account, such as your gender, height, weight, and birthdate. This information is used for purposes such as calculating the calories you burn during an activity.
  • When you sync a Watch to your Account, data recorded on your Watch (for example, steps, distance, activity time, calories burned, etc.) is transferred from the Watch to our services. This enables you to analyze your activity data through the App. Matrix may also use your activity data for purposes of providing you with a more personalized user experience.
  • Matrix may access your Account to provide you with product support if you contact Matrix’s product support personnel. If you interact with customer support representatives, Matrix may collect Personal Information, such as your name, mailing address, phone number, email address and contact preferences, and/or information about your Watch. We also may create event logs that are useful in diagnosing Watch 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.

            Information We Collect Automatically

Sync Information. When you sync your Watch through the App, we log data about the transmission, such as the Internet Protocol (IP) address used when syncing, the sync time and date, crash/diagnostic logs, information about your device, information about the network used to sync (e.g., Wi-Fi or cellular) and device battery level. We use this information to help identify and resolve syncing issues.

 

App Usage. We may also collect data from you about your usage of the App. The types of analytical information that are collected include the date and time the App accesses our servers, App version, the location of your mobile device, language setting, user behavior (e.g. what features used, frequency of use), device state information, device model, hardware and operating system information, and information relating to how the app functions. Matrix uses this data to improve the quality and functionality of the App; to develop and market products and features that best serve you and other users; and to help identify and fix app stability issues and other usability problems as quickly as possible.

 

            Non-Personal Information

 

Additionally, we may modify and combine Personal Information in a manner that does not personally identify you or any other individual and thus, no longer constitutes “Personal Information”. We may use this non-Personal Information, such as aggregate user statistics, demographic information, and usage information, for any lawful purpose.

 

            Information from Third Parties

 

We may receive information about you from third parties. For example, we may receive information about you from outside records of third parties, such as marketing-related or demographic information. We may supplement the information we collect about you through the App with such information from third parties in order to enhance our ability to serve you, to tailor our content to you and/or to offer you opportunities to purchase products or services that we believe may be of interest to you. If we combine such data with information we collect through the App, such information is subject to this Privacy Policy unless we have disclosed otherwise.

 

  1. How We Use Information

We may use the information we collect for a variety of reasons related to our operation and your use of the Watch or the App. We may combine information about you that we collect on-line, via mobile applications, and from third-party sources.

Examples of specific ways in which Matrix may use your Personal Information include, but are not limited to the following:

  • Responding to your requests (including, for example, if you contact us to ask a question or report an issue with the App, we may use the Personal Information you provide to answer your question or resolve your problem);
  • Improving the content, appearance and utility of the Watch or App;
  • Tracking use of the App for internal research purposes and to enhance our product messaging to you;
  • Providing necessary notices to you and notifying you about updates to the App;
  • Configuring your Account settings;
  • Communicating with you about your Account, and/or use of the App;
  • Providing interactive features, such as product reviews or research surveys; and
  • Internal statistical, marketing or operational purposes, including generating sales reports and measuring and understanding demographics, purchasing and other trends among our customers.

Email Communications. We may use your Personal Information to provide you with marketing or other promotional communications via email. If, at any time, you would like to stop receiving these promotional e-mails, you may follow the opt-out instructions contained in any such e-mail. Please note that by opting out, you may prohibit Matrix from informing you of offerings that may be of interest to you. It may take up to thirty business days for us to process opt-out requests. If you opt-out of receiving emails or promotions from us, we still may send you e-mails about your Account or any products or services you have requested or received from us, or for other customer service purposes.

  1. Disclosure of Personal Information

Except as provided herein, Matrix will not sell, rent or otherwise disclose Personal Information about you to third parties.

Third party providers. We may share your Personal Information with unaffiliated third parties that provide certain services to us, including, but not limited to email management and web support. These third parties may have access to Personal Information or non-Personal Information in order to perform their functions on our behalf. However, these third parties are only permitted to use your Personal Information for the purpose for which it has been provided or to administer, service or process transactions that you have authorized, and may not disclose it to any other third party except at our express direction and in accordance with this Policy.

Business transfers. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or our assets, or assets related to the App or the Watch, Personal Information, information about how the App is accessed and used, and any other information that we have collected about the users of the App or Watch may be disclosed to such entity as one of the transferred assets. Also if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

Legal disclosures. Matrix may transfer and disclose information, including your Personal Information, information about how the App is accessed and used, and information from our service providers, to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our End User License Agreement or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety or security of third parties, users of the Watch or the App, or the public.

With your permission. At your direction or request, we may share your Personal Information with specified third parties.

  1. Updating Your Personal Information and Information Retention

If you wish to modify, verify, correct, delete, or update any of your Personal Information collected through the App, you may edit your Account information or contact us support@matrixindustries.com.

In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the App. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data remaining because of backups and other reasons.

We will retain your Personal Information as long as you maintain an Account, or as needed to provide you services, comply with our legal obligations, resolve disputes, or enforce our agreements. You can deactivate your Account by contacting support@matrixindustries.com. When you do, data that can identify you will be removed from the App. Backup copies of this data will be removed from our server based upon an automated schedule, which means it may persist in our archive for a short period. Matrix may continue to use your de-identified data after you deactivate your Account.

  1. Security of your Personal Information

Matrix maintains reasonable safeguards to prevent unauthorized intrusion to its App and the alteration, acquisition or misuse of Personal Information by unauthorized persons. Matrix restricts authorized access to your Personal Information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information. SSL encryption is used to safeguard your Personal Information during syncing. However, we cannot guarantee that your communication with us will be completely secure or free from unauthorized access by third parties. You use the App and provide us with your Personal Information at your own risk.

You need to prevent unauthorized access to your Account and Personal Information by implementing and protecting your device password appropriately and limiting access to your device. We also recommend that you change your device password periodically. You are responsible for maintaining the security of your Account username and password. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your Account has been compromised), you must immediately notify us of the problem by contacting us and change your password immediately via the App.

  1. Children Under 13

The App is not directed to children under 13 years of age and we do not knowingly collect Personal Information from children under 13. If we become aware that a child under 13 has provided us with Personal Information, we will make reasonable efforts to delete such information from our files.

  1. Your California Privacy Rights

California law provides California residents the right to request from Matrix: (i) a list of the categories of Personal Information that we have disclosed to third parties for direct marketing purposes; and (ii) the names and addresses of all such third parties. If you would like to request this information, please email your request to support@matrixindustries.com. In your request, please specify that you want a “Your Matrix California Privacy Rights Notice”. Please allow thirty (30) days for a response.

  1. Consent to Processing and Transfer of Information

The App is governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. If you use the App, or otherwise provide us with data, from outside the United States, you acknowledge and agree that your Personal Information may be transmitted outside your resident jurisdiction. In particular, please note that your Personal Information may be stored and processed in the United States. The laws pertaining to the collection, use, disclosure and protection of Personal Information in the United States may be more or less stringent than the laws of other countries. By using the App, you (a) acknowledge that the App is subject to the laws of the United States; (b) consent to your Personal Information being stored and processed in the United States and handled as described in this Policy; and (c) waive any claims that may arise under the laws of the country where you reside, are a citizen, and/or from where you access the App.

  1. Changes to this Policy

This Policy is the sole authorized statement of Matrix’s practices with respect to the collection of Personal Information and the subsequent use and disclosure of such information. Any summaries of this Policy generated by third party software or otherwise shall have no legal effect, are in no way binding upon Matrix, shall not be relied upon in substitute for this Policy, and neither supersede nor modify this Policy.

Matrix may revise this Policy from time to time without prior notice to you, and any changes will be effective immediately upon the posting of the revised Privacy Policy in the App. You should bookmark and periodically review this page to ensure that you are familiar with the most current version of this Policy. You can determine when this Policy was last revised by checking the “Last Updated” legend at the top of the Policy.

  1. Questions About This Privacy Policy

If you have any questions or concerns about this Policy, please contact us at:

Matrix Industries, Inc.

1455 Adams Drive

Suite 1190

Menlo Park, CA 94025

 

Email: support@matrixindustries.com

Telephone: +1 (650) 385-8449