Freckle Privacy Policy

(the “Policy”)

General

Freckle IoT Ltd. (“we”, “us”, “our” or “Freckle”) gathers location and point of interest data (the “Data”) from anonymized devices (“Device”, or “Devices”). This Policy explains how we collect, use and disclose your information.

Our Services

Freckle provides services (the “Services”) directly with the owners (“Publishers”) of mobile applications (“Apps”) whereby the Publishers will incorporate into their Apps Freckle’s proprietary technology that allows Publishers and other third parties, including advertisers (the “Advertisers”) to use information collected and compiled by our proprietary technology for use in commercial relationship management.(the “Data” or “Information”).

We act solely as an intermediary between you as the end user (the “End User”) and Publishers and Advertisers. As such, we are not responsible for how Publishers and Advertisers treat your personal Information and we hereby specifically disclaim any such responsibility. We encourage End Users to review the privacy policies of Publishers and Advertisers, as applicable, to understand their practices with respect to the collection, use and disclosure of your Information.

Changes to This Privacy Statement

We reserve the right to modify this Policy from time to time. If we make changes to the Policy, we will notify you by revising the “Last Updated” date at the top of the Policy. The most current version of this Privacy Policy will govern our current use of Information and will always be located here. We encourage you to review our Policy regularly to stay informed about our Information practices.

How is the Data Collected

Freckle collects Data using our proprietary technology (often referred to as a software development kit or “SDK”). We may also collect Data through sever-to-server integrations or other Application Program Interfaces (“API”’s). The integration will enable Freckle to collect data from third-party devices present at certain third-party locations. Such devices may use Wi-Fi, near field communication (“NFC”), or Bluetooth low-energy (“BLE”) beacon technology to transmit signals about the location of Devices to us.  Once Freckle obtains this Information, it will transmit that data though an API, in encrypted form, via a HTTPS protocol to its data management platform, make inferences (the “Inferences”), as defined below, about the Device user’s interests.

What is the Data Collected

We do not know who the Device user is. We will collect data through the Publishers and make Inferences about the Device user’s interests based on the Data we collect. The type of Data that we may collect depends on the settings of Devices and may include:

  • Device location (e.g., latitude/longitude coordinates), time of day or Device location when/if a Device is near any of our beacons or other similar technology that may be placed, for example, in retail stores or other locations;
  • Demographics (such as gender, age range, etc.) and interests (such as sports, music, etc.) that Freckle infers from location history and the advertising identifiers on the Device.
  • Information about Devices (e.g., make, model, OS, and other similar Information, but not phone number);
  • The state of the Device (e.g. location services on/off, Bluetooth on/off, WiFi on/off, cellular data on/off, and other similar information);
  • The Information about the app permissions (e.g., deliver notifications, use location services, use Bluetooth, and other similar Information);
  • The status of the Freckle SDK (e.g., which Features are activated/deactivated, whether the SDK is activated/deactivated, and other similar Information);
  • Information about the version and use of Freckle and Freckle-Powered Apps such as use of features, functions, or clicks on notifications or content;

We do not collect and use any of the following information:

  • Hardware-based identifiers such as UDID (Unique Device Identifier), Media Access Control (MAC) Address;
  • Personal information, such as name, address, email, or telephone number; and
  • Sensitive information, including health, political opinions, religion, or any other information which may be considered as sensitive under applicable privacy laws.

Use of the Data Collected and Who We Share It With

We collect and share Data to:

  • Notify us and Freckle-Powered Apps when Devices arrive at or leave locations designated by such Freckle-Powered Apps such as at a retailer’s store or a particular section within a retailer’s store;
  • Notify us when Devices arrive at or leave locations where Freckle beacons (or other technology) are installed such as at a retailer’s store or a particular section within a retailer’s store;
  • Make inferences (the “Inferences”) regarding the places visited most often, determine the frequency at these locations, and notify Freckle-Powered Apps when Devices arrive at or leave those places;
  • Create a profile that may contain Inferences that we or Freckle-Powered Apps may make about Device users such as age range, income range, gender, and general interests (e.g., sports, cooking, music, etc.) (the “Freckle Profile”);
  • Share the Freckle Profile with Freckle-Powered Apps to create a more personalized experience or with Advertisers to create interest based advertising;
  • Share the Freckle Profile for advertising uses such as attribution, segmenting, deleting duplications, and re-targeting;
  • Improve Freckle, its systems and services;
  • Respond to requests, as applicable, that we may receive, such as request for information, request for customer support, or request to subscribe to a service we offer;
  • Use comments or feedback voluntarily provided to us about our products and services in our advertising, marketing, or promotional materials;
  • To the extent permitted by applicable law, combine the various types of data that we collect with data that we obtain from third parties or other sources and use the combined data for any of the purposes described in this Policy;
  • Detect and protect against errors, fraud, or other criminal activity;
  • De-identify, aggregate or otherwise make the data we collect anonymous and use that Information for our business purposes. This Privacy Policy does not apply to data which has been aggregated or de-identified; and
  • Any other use we describe at the point where we collect the data, with End Users’ consent.

We may also share the data we collect from Publishers with third parties:

  • If End Users request or authorize it;
  • If the Information is provided to: (1) comply with applicable laws, rules, regulations, governmental and quasi-governmental requests, court orders, or subpoenas; (2) enforce our Terms of Use or other agreements; or (3) protect our rights, property, or safety or the rights, property, or safety of our users or others;
  • If the disclosure is done as part of a purchase, transfer, or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, your Information under our possession or custody may be one of the transferred assets) or in the event of bankruptcy;
  • If the Information is provided to our third-party vendors or service providers to perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, etc.; and
  • As otherwise described in this Policy.

We will obtain End User consent for any additional use, unless otherwise required to disclose the Information by law.

How to opt-out of Device Data Collection

When we obtain Data from App partners, we make reasonable efforts to contract with partners who disclose to their own users matters regarding their use of mobile data for interest-based advertising purposes, and regarding end-user opt-out rights.

End Users may manage certain collection and sharing of Information in connection with their Devices as follows:

Apple devices

If you have an Apple device, you can opt out of app-based tracking for interest-based advertising by updating to iOS 6.0 or higher, and setting Limit Ad Tracking to ‘ON’.  For iOS 6, you can do this by selecting Settings -> General -> About -> Advertising and toggling Limit Ad Tracking to ‘ON’. For iOS 7 and higher, you can do this by selecting Settings -> Privacy -> Advertising and toggling Limit Ad Tracking to ‘ON’. You can obtain further information on how to limit ad tracking on your iOS device or to reset your IDFA here:  IDFA Opt-Out.

Android devices

If you have an Android device, you can opt out app-based tracking for interest-based advertising by taking the following steps i) Open the Google Settings app on your device; ii) Select “Ads”; and iii) Opt out of interest-based ads. You can obtain further information about how identifiers on mobile are used for advertising and receive instruction for how to opt out of mobile advertising here: Google Privacy & Terms webpage.

 

Our Corporate Websites

When you visit our corporate websites www.freckleiot.com we may collect and store Information related to the use of the websites, such as IP Address or Mobile advertising ID, and Information pertaining to Devices, network, protocols and software and the date and time of visits. We will use this Information to help us provide a more relevant and useful site experience to our website visitors. This Information is also used in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the websites. In order to use some functions of these websites, you may be required to register or provide personal information, such as your name and email address.  This Information will be used only for the purposes of providing you with the functionality you have registered for.

Retention and Security of Information Collected

We understand how important protecting your privacy is, and we are committed to safeguarding the Information collected or accessed. We have implemented specific security procedures to protect the storage and disclosure of information we gather. Access to information is restricted to select employees or representatives.  By default, Freckle stores Information on Devices for up to ninety days. After this period, the Data is reduced in accuracy so that it can no longer be tied to a specific user Device.

We may retain anonymized, non-personal Data for an extended period of time, in order to compile and create general profiles of users, demographic information and interests so as to enable Publishers, Advertisers and our customer to understand Device users. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Governing Law and International Transfers

Freckle IoT is based in Canada, although the information we collect may be transferred in or out of Canada and may therefore be subject to foreign laws.

Freckle is a member of the Network Advertising Initiative (NAI) and adheres to the NAI Code of Conduct.

Privacy Officer

We are responsible for and will maintain and protect information in our possession or custody. We have designed an individual or individuals who is/are accountable for compliance with this Privacy Statement.

To contact us concerning the Policy, or concerning the collection, use and disclosure of your personal information, please send a letter to:

 

Attn: Privacy Officer

Freckle IoT

409 King St. West

Suite 400

Toronto, ON

M5V 1K1

Email: privacy@freckleiot.com

For additional information on your rights regarding the collection and use of your personal information, you can contact the Privacy Commissioner in your jurisdiction.