Privacy

Last Revised: May 1, 2022 

This privacy policy (this “Privacy Policy”) applies to all of the services and products offered by LogicMark, Inc. (“LogicMark”, “we,” “us,” or “our”), including our website, located at https://www.logicmark.com/, our mobile applications (the “LogicMark Apps”), and all features and functionalities therein (collectively, the “Services”). We have created this Privacy Policy to tell you as the user (“you”) what information we may collect, how we may use that information, and who we may share that information with. This Privacy Policy does not address the privacy practices of any third parties that we do not own or control. By using or accessing the Services, you agree to the terms of this Privacy Policy and the accompanying Terms and Conditions. We encourage you to read this Privacy Policy to help you make informed decisions. 

1. Information We Collect and Receive.  

You authorize us to collect and receive the following information (collectively, “Information”) while providing the Services. 

1. Personal Information. When you sign up to become a user or contact us, you will be required to provide us with certain personal information about yourself and others, such as names, e-mail addresses, physical addresses and phone numbers (“Personal Information”). We do not collect or receive any Personal Information from you when you use any of the Services unless you provide it to us voluntarily. 
2. Payment Information. If you choose to make a purchase or subscribe to a feature or service of ours that requires a fee, you may be required to provide us with your payment information, such as your bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (“Payment Information”). Such Payment Information may be collected and processed by us or our third-party payment vendors pursuant to their privacy policies and terms of use. 
3. Geolocational Information. We may automatically collect geolocational information from your device, wireless carrier or certain third-party service providers (“Geolocational Information”). You may decline, through our website, the LogicMark Apps or otherwise by contacting us in writing as set forth herein, to allow us to collect such Geolocational Information, in which case we may not be able to provide certain features or functionalities to you. 
4. Third-Party Analytics. We and the third-party technology providers with which we work may use third-party analytics services to evaluate your use of the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Services and usage. These third parties may use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these providers in the manner and for the purposes set out in this Privacy Policy. If you opt out of any such service, through our website, the LogicMark Apps or otherwise by contacting us in writing as set forth herein, you may not be able to use or access the full functionality of our Services. 
5. Other Information. In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the Services, your interactions with us and information regarding your computer or mobile devices used to access the Services (collectively, the “Other Information”), which may include, without limitation: (i) additional information about yourself that you voluntarily provide to us, such as your gender and your product and service preferences; (ii) information regarding your activity, such as IP address, date and time, browser type, search queries and other performance and usage data; and (iii) information regarding your device, operating system and version, carrier and network type. 

2. Cookies. 

We may use session cookies, which expire once you close any of the Services, persistent cookies, which stay on your device or browser until you delete them, and other technologies to help us collect data and to enhance your experience with the Services. Cookies are small text files used to recognize a repeat visitor to a website or application. We may use cookies for various purposes, including to: (a) personalize your experience; (b) analyze which portions of the Services are visited and used most frequently; and (c) measure and optimize advertising and promotional effectiveness. If you do not want us to deploy cookies in the Services, you can opt out by setting your mobile device or browser to reject cookies. Your ability to use certain Services features may be affected if you disable cookies. 

3. Information Collected by or Through Third Parties.  

We may share Other Information about your activity on the Services with third parties for ad distribution and ad optimization (i.e., behavioral, contextual, retargeting, analyzing, managing, reporting, and optimizing of ads). These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and other technologies to collect Other Information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive Other Information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data. 

4. How Information May Be Used and Shared. 

1. We may use the Information to: (i) provide and improve the Services; (ii) provide our services, including without limitation, to process a request or to communicate with you via email, text message, push notification and/or telephone call; (iii) handle billing and account management; (iv) administer promotional programs; (v) solicit your feedback; and (vi) inform you about our products and services. 
2. We may engage third parties to perform functions on our behalf, including, without limitation, technical assistance, customer service, marketing assistance and administration of promotional programs. These third parties will have access to the Information only as necessary to perform their functions and to the extent permitted by applicable law. 
3. In an ongoing effort to better understand our users and the Services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the Services to current and prospective business partners and investors and to other third parties for other lawful purposes. 
4. We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets without notice to you. 
5. To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others. 
6. We may share Information for any other purposes disclosed to you with your consent.  

5. Accessing and Modifying Information.  

We shall not use or share your Information for purposes other than those for which it was collected, except with your consent or as required by law. Your Information shall be retained only as long as necessary for the fulfilment of those purposes or as otherwise required by applicable law. The Information that is no longer required to fulfill the identified purposes will be destroyed, erased, or made anonymous. 

If you have provided us with any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner, within ten (10) business days after such request has been sent. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the Services (e.g., requests for support). We may also deliver notifications to your mobile device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device. 

6. How We Protect Your Information.  

We protect your Information by safeguards appropriate to the sensitivity of the Information. We take reasonable steps to protect personal information provided via the Services from loss, theft, misuse and unauthorized access or disclosure, however, no internet or email transmission is ever fully secure or error-free. Due to the nature of the internet, there is a possibility that unsecured email or internet transmissions may be intercepted and read by third parties. We assume no responsibility for interception of Information that you send in any unsecured email message or other internet transmission to or from the Services. Therefore, you should take special care in deciding what information you send to us via the Services, email or other internet transmission. YOU ACKNOWLEDGE AND AGREE THAT DESPITE OUR EFFORTS, THERE MAY BE TIMES OR SITUATIONS WHEN YOUR INFORMATION IS INADVERTENTLY DISCLOSED BY US OR BY A THIRD PARTY TO WHOM WE HAVE DISCLOSED YOUR INFORMATION. YOU HEREBY ACCEPT THAT RISK AND WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES AND LIABILITY AGAINST US IN THE EVENT OF SUCH INADVERTENT OR NEGLIGENT DISCLOSURE OF INFORMATION. 

7. California Privacy Notice. 

This section provides additional details about the Personal Information we collect about California residents and the rights afforded to them under the California Consumer Privacy Act (“CCPA”). 

Subject to certain limitations and exceptions, the CCPA provides California residents the right to 

request more details about the categories and specific elements of Personal Information we collect, to delete their Personal Information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights. We extend these rights to all of our U.S.-based users. We do not sell Personal Information about you to third parties.  

In the last 12 months, we collected the following categories of Information subject to the CCPA: identifiers (such as email address and IP address), approximate geolocation information, and Internet or other electronic network activity information (such as browsing history and related usage data). For more details about the Information we collect and the categories of sources of this Information, please see the “Information We Collect and Receive” section above. We may share this Information with the categories of third parties described in the “How Information May Be Used and Shared” section above. 

California residents may make a consumer rights request for access to certain Personal Information subject to the CCPA by sending an email to [email protected] with “Privacy Policy” written in the subject line. We may verify the request by asking you to provide information that matches information we have on file about you. You can designate an authorized agent to exercise these rights on your behalf, but we will require proof that the agent is authorized to act on your behalf and may ask you to verify your identity with us directly. 

8. Notice to Canada Residents  

This section provides additional details about the Personal Information we collect about Canada residents and the rights afforded to them under the Personal Information Protection and Electronic Documents Act (“PIPEDA”). 

If you would like to know what Information we hold about you, please submit your request to our Privacy Officer at [email protected] with “Privacy Policy” written in the subject line. Certain requests may require us to obtain additional Personal Information from you in order to verify your identity. Any additional Information we request to verify your identity will only be requested if necessary and will only be used for the purpose of responding to your subject access request.  

You have the right to correct any errors in the Information which we hold on you and to request that the Information is destroyed, erased or made anonymous. In some cases, a request for erasure may hinder or even prevent us from providing you with services or products. To submit a rectification or erasure request, please submit your request to our Privacy Officer at to [email protected] with “Privacy Policy” written in the subject line. Subject to applicable law, we will do our best to accommodate your request in a reasonable period of time. Where appropriate, we will also inform any organizations to with which we have shared your Information of the edits you provide. Please note that there are certain conditions under which we will not destroy, erase or make anonymous Information we have, such as for example, if we have a legal obligation to keep the Information for a specific amount of time. 

You also have the right to refer any complaint relating to the way in which we collect and process your Information to the applicable governmental authorities. 

9. Important Notices to Non-U.S. Residents.  

The Services and their servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere. 

10. App Stores; External Websites.  

Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the LogicMark Apps, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies. Our website, the LogicMark Apps and other Services may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites. 

11. Children.  

The Services are not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors not use the Services. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records. 

12. Changes to This Privacy Policy.  

This Privacy Policy is effective as of the date stated at the top of this page. We may change this Privacy Policy from time to time. If there is a change to this Privacy Policy that might materially affect your rights or the way that we use or disclose your Personal Information, we will notify you prior to the change becoming effective by means of a message on this Web site.  We encourage you to look for updates and changes to this Statement by checking the “Last Revised” date when accessing our Web site, mobile applications, or other Services. By accessing the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the version of this Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis. 

13. Contact Us.  

If you have questions about this Privacy Policy, please e-mail us at to [email protected] with “Privacy Policy” written in the subject line or mail us at the following address: LogicMark, Inc., Attention: Legal/ Privacy Officer, 2801 Diode Lane, Louisville, KY 40299.