Privacy Policy

Last updated: January 30, 2022

WE RESPECT YOUR PRIVACY AND WE ARE COMMITTED TO PROTECTING IT.

This Privacy Policy describes how the personally information, we might collect from you, or you may provide to us when you:

  • visit our websites
  • use our applications
  • purchase our products, including the Messana Control System
  • use our services

and tells you about your privacy rights and how the law protects you.

Please read these Privacy Policy terms carefully to understand our policy and practices regarding your information and how we will treat it before purchasing or using our Offerings (defined below).

 

Contents

  1. Interpretation and Definitions
  2. Acknowledgment
  3. Collecting and Using Your Personal Data
  4. Type of Data Collected
  5. Use and processing of Your Personal Data
  6. Retention of Your Personal Data and Usage Data
  7. Transfer of Your Personal Data
  8. Disclosure of Your Personal Data
  9. Security of Your Personal Data
  10. Detailed information on the processing of Your Personal Data
  11. Analytics
  12. Email Marketing
  13. Payments
  14. Behavioral Remarketing
  15. Usage, Performance and Miscellaneous
  16. GDPR Privacy
  17. Facebook Fan Page
  18. CCPA Privacy
  19. “Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
  20. Your California Privacy Rights (California’s Shine the Light law)
  21. California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
  22. Children’s Privacy
  23. Links to Other Websites
  24. Changes to this Privacy Policy
  25. How to contact Us

Interpretation and definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Privacy Policy:

  • Account means a unique account created for You or by You to access our Services or parts of our Services.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Application means any Messana mobile and desktop applications (including the Messana App) which may be either (a) preloaded on Messana Products, or (b) downloaded and installed from the Application Store.
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
  • Carrier means mobile service provider.
  • Certified Installer means a licensed, qualified, specialty contractor that has been trained by Messana and appointed and certified by Messana to install and service a Control System or Product.
  • Cloud Service mean any data storage, data analytics, and computing services available via: (a) any Messana or third-party remote server, or (b) Your Messana Control System.
  • Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
  • Control System (in these Terms also referred as to either “Messana Control System”) means the Messana control platform developed for both residential and commercia applications. The control platform is based on (a) hardware devices (defined under Products) interconnected through a proprietary cloud technology (Cloud Service), and (b) software, either embedded in the devices or distributed separately (Software).
  • Device means any device that can access the Services such as computers, smartphones, tablets.
  • End-User refers to the person who ultimately uses the Services, in conjunction with the Control System or the Products, regardless if he/she is the same person who performed the purchase and or own the Control System or the Product.
  • Facebook Fan Page is a public profile named Messana Radiant Cooling specifically created by Messana on the Facebook social network, accessible from https://www.facebook.com/messana.tech/.
  • Feedback means feedback, innovations, suggestions, information, material or content sent by You regarding the attributes, performance or features of our Services.
  • ISP means Internet service provider.
  • Messana (in these Terms also referred as to either “Messana Radiant Cooling”, or “We”, or “Us”, or “Our”) means Messana Inc., 4105 Soquel Drive, Ste B., Soquel, CA 95073 and its Affiliates, subsidiaries and divisions.
  • Notifications mean any type of message sent in connection with the Control System or the Products, including but not limiting, local client notification, warnings, alarms, email, text messages, and push-notification.
  • Offerings mean, collectively: (a) the Controls System, (b) the Products and (c) the Services.
  • Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
  • Privacy Policy (also referred as to “Policy”) mean this Privacy Policy that forms the entire agreement between You and Messana regarding the use and protection of Your Data.
  • Products means any Messana products and device, part of the Control System or standalone, that access, connect or operate with the Services. The terms and conditions that govern the usage of the Products are listed in the “Terms of Use”.
  • Remote Access means the ability given to the End-Users, to connect to the Control System from a remote location outside the home local network, once connected to the Internet, via an ISP, and properly configurated with the Cloud Service.
  • Services mean, collectively: (a) the Software, (b) the Website, (c) the Cloud Service, and/or (d) any software, software-as-a-service, content, information, functionality, and other services offered on, or in connection with (a), (b) or (c).
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
  • Software means, collectively: (a) any Messana, (b) the Messana APIs, (c) any other service, functionality and software programs pre-installed or embedded on any connected Product, or related to the use of the Control Systems.
  • Software Updates means patches, bug fixes, error corrections, updates, upgrades, improvements, or other modifications to the Services.
  • Terms of Use mean the terms of use that form the entire agreement between You and Messana regarding the use of the Offerings.
  • Third-Party Resource means any website, software, software-as-a-service, application, plugin, service (including ISP and Carries and data service), virtual assistants (e.g Amazon Alexa, Apple HomeKit, Google Home), home automation platforms (e.g. Creston, Savant, Control4, CoolAutomation), building and energy management system (BMS and EMS), functionality or content (including data, information, products) provided by a third-party that may be offered, displayed, linked, connected, interfaced, included or made available by the Services.
  • Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Website refers to the Messana domain messna.tech (and any successor site), any of its subdomains and any other sites that are owned or maintained by or in behalf of Messana.
  • You (in these Policy also referred to as either “You”, or “Your”, or “User”, or “Users”) means the individual visiting the Website or accessing or using the Offerings, or the company, or other legal entity on behalf of which such individual is accessing or using the Offerings, as applicable. You have the authority to bind such entity to this Policy. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
  • Your Data refers to, without any limitation: personal data, settings, configuration backups, performance and diagnostic data, and any other data related to the Control System and information received from the use of the Service.

Acknowledgment

This Privacy Policy describes how the personally identifiable information we collect from You, or you provide to Us, in the use of the Offerings, is collected, protected and used. It also describes the choices available to You regarding Our use of your Personal Data and how You can access and update this information. This Policy is a legally binding agreement between You and Messana. By accessing and/or using the Offerings, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Collecting and Using Your Personal Data

Type of Data Collected

Usage Data

When You use Our Service, Our servers automatically record Usage Data that your Device sends.

When You access the Service by or through a Device, We may collect certain information automatically, including, but not limited to, the time and date of Your visit, the type of mobile device You use, Your Device unique ID, Your Device’s Internet Protocol, Your language preferences ,Your location, Your operating system type and version, the type of Internet browser You use, and other diagnostic data.

Usage Data may include information such as address, browser type, browser version, the pages of our Website that You visit, the time spent on those pages, and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

The Usage Data collected automatically is used only to establish statistical information regarding the usage of the Services. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

Personal Data

You can access and browse the website without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered in Our Services (e.g use of the Application, creating and account with us, …), you may be asked to provide certain Personal Data (for example, your name and e-mail address). We receive and store any information you knowingly provide to Us when you purchase a Product, create an Account, publish content, or fill any online forms. When required, this information may include, but is not limited to, the following:

  • Personal details such as name, last name, country of residence, etc.
  • Contact information such as email address, address, phone number, etc.
  • Account details such as user name, unique user ID, password, etc.
  • Proof of identity such as photocopy of a government ID.
  • Payment information such as credit card details, bank details, etc.
  • Geolocation data such as latitude and longitude.
  • Certain features on the mobile device such as contacts, calendar, gallery, etc.
  • Information about other individuals such as your family members, friends, etc.
  • Any other materials you willingly submit to us such as articles, images, feedback, etc.
  • Usage Data

You can choose not to provide Us with your Personal Data, but then you may not be able to take advantage of some of the features in the Services. Users who are uncertain about what information is mandatory are welcome to contact us.

Information collected while using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with your prior permission:

  • Information regarding your location
  • Information from your Device’s phone book (contacts list)
  • Pictures and other information from your Device’s camera and photo library

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company’s servers and/or a Service Provider’s server or it be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings. You can also enable or disable location services when You use Our Service at any time, through Your Device settings.

Tracking technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

We use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Notice Acceptance Cookies

Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

Tracking and Performance Cookies

Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.

Use and processing of Your Personal Data

We may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of Our Service.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to advertise on third party websites to You after You visited our Service, for payment processing, to contact You.
  • For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data and Usage Data

We will retain and use your Personal Data for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating Your Personal Data after You update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Messana’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to, and maintained on, computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your Account, and Personal Data will likely be among the assets transferred.

Law enforcement

We will disclose any Personal Data we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed information on the processing of Your Personal Data

Depending on the requested Offerings or as necessary to complete any transaction or provide any Service You have requested, we may contract with Service Providers and share Your Personal Data with Our trusted Service Providers that work with Us, any other Affiliates and subsidiaries We rely upon to assist in the operation of the Offerings available to you.

We do not share Personal Data with unaffiliated Service Providers. These Service Providers are not authorized to use or disclose Your Personal Data except as necessary to perform designated functions on Our behalf or comply with legal requirements. We may share Your Personal Data for these purposes only Service Providers whose privacy policies are consistent with Ours or who agree to abide by Our policies with respect to Personal Data. These Service Providers are given Personal Data they need only in order to perform their designated functions, and We do not authorize them to use or disclose Personal Data for their own marketing or other purposes.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You may opt-out of certain Google Analytics features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy/

Firebase

Firebase is an analytics service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy/

We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245/

For more information on what type of information Firebase collects, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy/

Email Marketing

We offer electronic newsletters to which you may voluntarily subscribe at any time and we might contact you with marketing or promotional materials and other information that may be of interest to You. For such purpose, We may use email marketing Service Providers to manage and send newsletters to You. We are committed to keeping Your email address confidential and will not disclose Your email address to any third parties, except as allowed in the Use and processing of Your Personal Data section or for the purposes of utilizing a third party email marketing Service Providers to send such emails. We will maintain the information sent via email in accordance with applicable laws and regulations.

In compliance with the CAN-SPAM Act, all emails sent from us will clearly state who the email is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Stripe

Their Privacy Policy can be viewed at https://stripe.com/us/privacy/

Apple Store In-App Payments

Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/

Google Play In-App Payments

Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/

Firebase

Firebase is an analytics service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy/

We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245/

For more information on what type of information Firebase collects, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy/

Behavioral Remarketing

The Company uses remarketing services to advertise on third party websites to You after You visited our Service. We and Our third-party vendors use cookies to inform, optimize and serve ads based on Your past visits to our Service.

Google Ads (AdWords)

Google Ads (AdWords) remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: https://www.google.com/settings/ads/

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout/ – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy/

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950/

To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217/

Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA https://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe https://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation/

Apple Search Ads

Their Privacy Policy can be viewed at https://searchads.apple.com/privacy/

Usage, Performance and Miscellaneous

We may use third-party Service Providers to provide better improvement of our Service.

Invisible reCAPTCHA

We use an invisible captcha service named reCAPTCHA. reCAPTCHA is operated by Google.

The reCAPTCHA service may collect information from You and from Your Device for security purposes.

The information gathered by reCAPTCHA is held in accordance with the Privacy Policy of Google: https://www.google.com/intl/en/policies/privacy/

Zendesk

Their Privacy Policy can be viewed at https://www.zendesk.com/company/privacy-and-data-protection/

GDPR Privacy

We may process Personal Data under the following conditions:

  • Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
  • Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
  • Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
  • Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
  • Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
  • Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

  • Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
  • Request correction of the Personal Data that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected.
  • Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
  • Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
  • Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
  • Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

Facebook Fan Page

Data Controller for the Facebook Fan Page

The Company is the Data Controller of Your Personal Data collected while using the Service. As operator of the Facebook Fan Page https://www.facebook.com/SuccessAlarm/ and https://www.facebook.com/AlarmySleepIfUCan/, the Company and the operator of the social network Facebook are Joint Controllers.

The Company has entered into agreements with Facebook that define the terms for use of the Facebook Fan Page, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php

Visit the Facebook Privacy Policy https://www.facebook.com/policy.php for more information about how Facebook manages Personal data or contact Facebook online, or by mail: Facebook, Inc. ATTN, Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, United States.

Facebook Insights

We use the Facebook Insights function in connection with the operation of the Facebook Fan Page and on the basis of the GDPR, in order to obtain anonymized statistical data about Our users.

For this purpose, Facebook places a Cookie on the device of the user visiting Our Facebook Fan Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.

Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page and services by other companies that use Facebook services.

For more information on the privacy practices of Facebook, please visit Facebook Privacy Policy here: https://www.facebook.com/full_data_use_policy/

CCPA Privacy

Your Rights under the CCPA

Under this Privacy Policy, and by law if You are a resident of California, You have the following rights:

  • The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
  • The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party’s direct marketing purposes.
  • The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. You can submit such a request by visiting our “Do Not Sell My Personal Data” section or web page.
  • The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:
    • The categories of Personal Data collected
    • The sources from which the Personal Data was collected
    • The business or commercial purpose for collecting or selling the Personal Data
    • Categories of third parties with whom We share Personal Data
    • The specific pieces of Personal Data we collected about You
  • The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that have been collected in the past 12 months.
  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer’s rights, including by:
    • Denying goods or services to You
    • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
    • Providing a different level or quality of goods or services to You
    • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if you are a California resident, You can email or call us or visit our “Do Not Sell My Personal Information” section or web page.

The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Do Not Sell My Personal Information

We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” personal information as defined by the CCPA law.

If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use.

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Your California Privacy Rights (California's Shine the Light law)

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.

If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with You.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Children’s Privacy

Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. Your accessing and continued use of this site constitutes your verification that you are at least 18 years of age. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.

We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective from the Effective Date addressed on the header of this document.

How to contact Us

If You have any questions about these Privacy Policy, You can contact us:

By visiting this page on our website: https://www.messana.tech/contact/

By mail:
Messana Inc.
Att. Legal Department
4105 Soquel Drive, Ste. B
Soquel, CA, 95073
USA

 

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