ZEPHYRX PRIVACY POLICY

UPDATED November 11, 2019

OVERVIEW

This document sets forth our online privacy policy ("Privacy Policy"). By accessingZEPHYRx LLC-branded websites such as, "ZEPHYRx.com," and any otherZEPHYRx-owned sites or if you are using any products or services offered byZEPHYRx LLC or its suppliers linked to these Terms, you are agreeing to accept theseterms. This privacy policy does not govern privacy practices associated with offlineactivities.

For the purpose of the EU General Data Protection Regulation 2016/679 (GDPR), thedata controller is ZEPHYRx LLC of 43 New Scotland Ave, MC25, Albany NY 12208.

YOUR PRIVACY RIGHTS – PRIVACY POLICY

We are committed to protecting the privacy of our customers. The following privacypolicy gives you details of our privacy practices, including: (1) what types of informationwe collect about you; (2) how the information is used; (3) to whom we may disclose theinformation; and (4) how we safeguard the information. We invite you to contact us ifyou have questions about this policy at info@ZEPHYRx.com.

YOUR CONSENT – PRIVACY POLICY

By providing personal information and/or non-personal information to us through ourwebsite or through the customer service/help desk portal in connection withZEPHYRx.com, you are agreeing to let ZEPHYRx LLC collect and use your informationas described in the Privacy Policy.

REGISTRATION AND PAYMENT INFORMATION

When you purchase a product from our store as part of the buying and selling process,we collect the personal information you give us which includes your name, address,email address and credit card information. When you browse our store, we alsoautomatically receive your computer’s internet protocol (IP) address in order to provideus with information that helps us learn about your browser and operating system.

Unless you ask us not to, we may contact you via email in the future to tell you aboutspecials, new products or services, or changes to this privacy policy.

ZEPHYRx INTERNATIONAL COMPLIANCE

We may store your information in the United States and in other locations outside ofthe European Economic Area. Any transfer of your data to the United States or anotherlocation outside the European Economic Area will be in compliance with applicableEuropean data protection laws and in respect of transfers to the United States complywith the E.U. – U.S. and Swiss – U.S. Privacy Shield Framework.

THE INFORMATION WE COLLECTINFORMATION YOU PROVIDE

ZEPHYRx collects a variety of information that you provide directly to us, including anyinformation that may be contained in videos, comments, or other submissions youupload or post to the Services. ZEPHYRx may collect information from you in thecontext of:

  • ●  Account registration and administration of your ZEPHYRx account;
  • ●  Uploads or posts to the ZEPHYRx website;

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  • ●  Contest registration and prize acceptance;
  • ●  Customer support and technical assistance;
  • ●  Processing your order for products or services offered by ZEPHYRx;
  • ●  Registration of your ZEPHYRx products;
  • ●  Providing updates to you regarding your ZEPHYRx products;
  • ●  Obtaining a ZEPHYRx device firmware and application software updates;
  • ●  Newsletter subscriptions;
  • ●  Posts to the ZEPHYRx website community forum;
  • ●  Access to ZEPHYRx products or services on social networks or third party
  • services;
  • ●  Services provided online, by way of your mobile device or the ZEPHYRx
  • software; and
  • ●  Other uses of the Services where information is requested for use and/or
  • participation.
  • The specific types of information collected will depend upon the Services you use, howyou use them, and what you choose to provide and may include your full name, emailaddress, phone number, product serial number, home address, mobile phone number,credit card information, shipping address, gender, birth date, and zip code. When youshop through our web store, we may collect data such as the purchases you havemade, items in your shopping cart, and how often you make purchases.
  • INFORMATION WE AUTOMATICALLY COLLECT
  • When you use ZEPHYRx’s Services that connect to the Internet, including, but notlimited to, when you access the Services via a ZEPHYRx device, applications (web,mobile, desktop software, connected TV and games console), your ZEPHYRx account,and our web sites and web store, we may collect certain information as describedbelow for such purposes as improvement of our products and software services,troubleshooting bugs, providing the Services, managing the Services, security andmonitoring purposes, tracking and analyzing usage, providing content for referringtraffic sources and improving overall performance of the Services. We may use third

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party analytics providers and technologies, including cookies and similar tools, to assistin collecting this information.

As discussed further below, we may collect and store this information in a waythat it is linked to you personally, unless you have chosen to opt out.

WEBSITES

When you use our websites (including our web store), we may collect and analyzeinformation about your computer or mobile device such as your IP address, a mobiledevice identifier (e.g., a IDFA on Apple products like the iPhone and iPad or similaradvertising identifiers), browser types, browser language, operating system, the stateor country from which you accessed the Services, referring and exit pages and URLs,platform type, the number of clicks, domain names, landing pages, pages viewed andthe order of those pages, the amount of time spent on particular pages, the date andtime you used the Services and upload or post content, error logs, and other similarinformation. We monitor customer traffic patterns and site usage to help us develop thedesign and layout of the site, and to improve the content of our website to better matchthe interests of our website users.

ZEPHYRx DEVICES

When you connect your ZEPHYRx device to the Internet or to a desktop or to aZEPHYRx mobile application or browser-based software application (discussed below),we may automatically receive certain information about your device and your use of it,including, firmware version, log files, settings, durations, error rates, and other similar

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usage information. This information helps us to improve our products and services,troubleshoot bugs, and analyze camera errors.

MOBILE SOFTWARE APPLICATIONS

When you use a ZEPHYRx mobile application we may automatically receive certaininformation about your mobile device and use of the application, including a mobiledevice identifier (e.g., a UDID or IDFA on Apple products like the iPhone and iPad orsimilar advertising identifiers), operating system, version, IP address and other similarinformation, such as time spent in different portions of the ZEPHYRx mobileapplication. We may also collect different types of information about your location,including general information (e.g., IP address, zip code) and more specific information(e.g., GPS-based functionality on mobile devices used to access the Services), asdetailed further below.

ZEPHYRx BROWSER-BASED SOFTWARE APPLICATIONS

Our browser software may automatically send data about usage of the service or thesoftware when it connects to the Internet. This information will include informationabout your computer such as operating system, technical specifications, IP address,and data related to your use of the service or the ZEPHYRx software on the computer,e.g., number of installs and downloads, screens visited, screen resolution selected,video recording mode, features used, and other similar information. We monitorcustomer software usage to help us develop the design and layout of the desktopsoftware and to improve the content to better match the interests of our users.

ANONYMOUS OR DE-IDENTIFIED DATA

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We may collect data that is already in anonymized or de-identified form or we maymanually anonymize and/or de-identify information collected by the Services or viaother means so that the information does not identify you. Our use and disclosure ofaggregated and/or de-identified information is not subject to any restrictions under thisPrivacy Policy, and we may disclose it to others without limitation for any purpose.

ONLINE ANALYTICS

We may use third-party web analytics services on our Services, such as those ofGoogle Analytics. These service providers use the sort of technology described in theAutomatically-Collected Information section above to help us analyze how users usethe Services, including by noting the third-party website from which you arrive. Theinformation collected by the technology will be disclosed to or collected directly bythese service providers, who use the information to evaluate your use of the Services.We also use Google Analytics for certain purposes related to online marketing, asdescribed in the following section. The Google Analytics service is provided by GoogleInc. You can opt-out from Google Analytics service from using your information byinstalling the Google Analytics Opt-out Browser tool:tools.google.com/dlpage/gaoptout. For more information on the privacy practices ofGoogle, please visit the Google Privacy & Terms web page:www.google.com/policies/privacy.​

Online Advertising

We do not serve third party advertisements to you while using ZEPHYRx.com.However, we do work with website analytics and advertising partners, includingGoogle, Doubleclick Campaign Manager, Adwords, and Facebook, to deliverZEPHYRx advertisements on third-party publisher websites - these partners may set

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cookies on your computer's web browser. These cookies allow our partners torecognize your computer so that the ad server can show you our advertisementselsewhere on the Internet, and so that our analytics software can measure yourengagement and interactions while using our websites. In this way, ad servers maycompile anonymous, de-identified information about where you, or others who areusing your computer, saw our advertisements, whether or not you interacted with ouradvertisements, and actions performed on subsequent visits to our websites. Thisinformation allows an ad network to deliver targeted advertisements that they believewill be of most interest to you, and it allows ZEPHYRx to optimize the performance ofour advertising campaigns and the usability of our website. In other words, we useanalytics data in concert with data about our online ads that have been shown usingthe Google Display Network, DoubleClick for Advertisers, or other online advertisingnetworks. By doing so, we can understand how anonymous users interacted with ourwebsite after seeing our ads.

IP ADDRESSES AND "COOKIE" INFORMATION

As is the standard practice with many websites, our website logs your IP address anduses "cookies," which are data files that are downloaded onto your computer when youvisit our website. Cookies automatically identify your browser to the ZEPHYRx.comserver whenever you interact with the website. We use the information that cookiesprovide to improve the customer experience of our website as well as for marketingpurposes. You can disable cookies by turning them off in your browser. We do not usecookies to track any personal information such as your name or address, but we doutilize cookies to track your session.

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USE OF INFORMATION FROM THIRD PARTIES

ZEPHYRx may use consumer information obtained from third-party providers likeGoogle Analytics for reasons such as better understanding our customers andidentifying ways & means to better target our advertising to our customers. You havethe right to opt-out of receiving marketing & advertising related-correspondence fromus at any time.

THIRD-PARTY SERVICES

Periodically, we work with third parties to help manage and optimize our marketing andcommunications efforts. We collect customer-provided information, IP addresses andcookie information. By providing such information to third parties, it enables us to learnthings like how pages on our website are performing and which of our products are ofthe greatest interest to our customers. You can “opt-out” of our ability to analyze suchdata at any time by contacting us at info@ZEPHYRx.com.

We may share information such as your name, address, email address, as well as arecord of any transactions you conduct on our website with third-party advertisingservice providers in order to deliver advertising & marketing communications moretailored to your interests.

In general, the third-party providers used by us will only collect, use and disclose yourinformation to the extent necessary to allow them to perform the services they provideto us. However, certain third-party service providers, such as payment gateways andother payment transaction processors, have their own privacy policies in respect to theinformation we are required to provide to them for your purchase-related transactions.

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For these providers, we recommend that you read their privacy policies so you canunderstand the manner in which your personal information will be handled by theseproviders. In particular, remember that certain providers may be located in or havefacilities that are located in a different jurisdiction than either you or us. So if you electto proceed with a transaction that involves the services of a third-party service provider,then your information may become subject to the laws of the jurisdiction(s) in whichthat service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by apayment gateway located in the United States, then your personal information used incompleting that transaction may be subject to disclosure under United Stateslegislation, including the Patriot Act. Once you leave our store’s website or areredirected to a third-party website or application, you are no longer governed by thisPrivacy Policy or our website’s Terms of Service.

When you click on links on our store, they may direct you away from our site. We arenot responsible for the privacy practices of other sites and encourage you to read theirprivacy statements. Our store uses Google Analytics to help us learn about who visitsour site and what pages are being looked at.

DISCLOSURE

We may disclose your personal information if we are required by law to do so or if youviolate our Terms of Service.

WooCommerce

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Our store is hosted on WooCommerce, Inc. They provide us with the onlinee-commerce platform that allows us to sell our products and services to you. Your datais stored through WooCommerce’s data storage, databases and the generalWooCommerce application. They store your data on a secure server behind a firewall.

Payment: Most payments on our website are processed via PayPal Inc. and all PayPaltransactions are subject to the PayPal Privacy Policy located athttps://www.paypal.com/us/webapps/mpp/ua/privacy-full​.

If you choose a direct payment gateway to complete your purchase, thenWooCommerce stores your credit card data. It is encrypted through the Payment CardIndustry Data Security Standard (PCI-DSS). Your purchase transaction data is storedonly as long as is necessary to complete your purchase transaction. After that iscomplete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed bythe PCI Security Standards Council, which is a joint effort of brands like Visa,MasterCard, American Express and Discover. PCI-DSS requirements help ensure thesecure handling of credit card information by our store and its service providers. Formore insight, you may also want to read WooCommerce’s Terms of Service here,https://woocommerce.com/terms-conditions/​ or WooCommerce’s Privacy Statementhere, ​https://automattic.com/privacy/​.

SECURITY

To protect your personal information, we take reasonable precautions and followindustry best practices to make sure it is not inappropriately lost, misused, accessed,disclosed, altered or destroyed. If you provide us with your credit card information, the

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information is encrypted using secure socket layer technology (SSL) and stored with aAES-256 encryption. Although no method of transmission over the Internet orelectronic storage is 100% secure, we follow all PCI-DSS requirements and implementadditional generally accepted industry standards.

AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your stateor province of residence, or that you are the age of majority in your state or province ofresidence and you have given us your consent to allow any of your minor dependentsto use this site. ZEPHYRx’s Services are intended for general audiences and not forchildren under the age of 13. We do not knowingly collect personal information fromchildren under the age of 13 and if we become aware of such collection, we will takereasonable steps to delete any such information as soon as practicable.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time. Changes andclarifications will take effect immediately upon their posting on the website. If we makematerial changes to this policy, we will notify you here that it has been updated so thatyou are aware of what information we collect, how we use it, and under whatcircumstances, if any, we use and/or disclose it. If our store is acquired or merged withanother company, your information may be transferred to the new owners so that wemay continue to sell products to you.

QUESTIONS & CONTACT INFORMATION

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If you would like to access, correct, amend or delete any personal information we haveabout you, register a complaint, or simply want more information, please contact ourcustomer service team at ​info@ZEPHYRx.com​.

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