October 5, 2020
Myota, Inc., (“Myota”, the “Company”, “us”, “we”, or “our”) has created this Privacy Notice so you can understand how we will collect, use, disclose and protect information about you.
I. Scope of Privacy Notice:
Myota provides: (i) secure data storage; and (ii) monitoring and control of the stored data (the “Services”) in a Pre-Production Environment (“PPE”). The Services consist of two components: Myota Client and Myota Console. While using the PPE, users will store data in Myota’s Cloud Storage Environment (the “Storage Environment”).
Myota Client, which is an application installed on an employee’s device(s) enables a business to store data created by the employee with full encryption and distributed among multiple storage environments through use of proprietary “shred and spread” methodology. Myota Console is a web-based service that allows the business organization to control and monitor backend storages from its employees. The Services in the PPE can be used by either a business (a “Business User”), who will provide access to Myota Client to a maximum of five (5) employees (“employee” or “End User”), or an individual subject matter expert (an “SME User”) that is testing the Services in either in the PPE.
This Privacy Notice describes how and when we collect, use and share your information related to the Services. For example, you send us information when you use our Services. When using any of our Services, you consent to the collection, transfer, storage, disclosure, and use of your information as described in this Privacy Notice. This includes any information you choose to provide that is deemed sensitive under applicable law.
This Privacy Notice applies to the use of the Services. By using the Services you consent to the privacy practices described in this Privacy Notice.
You authorize us to transfer, and store your data files in the United States, and any other country. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live.
II. Collection, Use and Disclosure of Information:
We may collect information from or about you in a number of ways, including: (i) when you give it to us; (ii) when you give us permission to obtain it; (iii) when we obtain it from other sources; and/or (iv) automatically when you use our Services.
- Using the Services
We will collect personal information about Business Users, as defined in ToU, and SME Users. We do not collect personal information of a Business User’s employees. For Business Users and SME Users, we collect certain personal information when they register to use the Services. For those businesses and individuals, we can collect, the following Personal Information:
- User identifier
- First name
- Last name
- Organization name
- Job Title
- Use of Services without Registering
Myota is not providing access to non-registered Business Users or SME Users to the PPE. In order to use the PPE, you must be registered to use the Services with Myota. Unauthorized access to the PPE is strictly prohibited.
- Third-Parties and Affiliates
We may receive information about you from third parties, such as public information and other third-party sources. We use certain third parties to support the Services, such as customer support software, subscription management and billing software, cloud infrastructure services, inbound and outbound call center software, data analytics services, customer relationship management software; and online payment processing services.We may also collect Personal Information from third-parties if they receive a notification that your account information in our database is inaccurate and needs to be changed. In addition, we may collect Personal Information from non-profit reporting agencies in order to process your registration, verify your identity, verify your charitable status and protect against or prevent actual or potential fraud or unauthorized use.
- Using the Services
III. How We Use and Disclose Personal Information Collected When You Use the Services
While using the Services, Myota will collect performance-related analytics about Business Users, their employees, and SME Users (the “Performance Data”). Myota retains the right to use and sell the Performance Data in any manner it deems necessary. We may share your Personal Information with our Service Providers (any person or company with whom we have entered into a legal arrangement for joint provision of or shared responsibility for provision of the Services we provide) or business associates who assist us in administering the Services. Accordingly, we may use and disclose Personal Information collected when you use our Services for certain purposes, including:
- To contact the consumer or business;
- To verify changes you have made to your Personal Information;
- To facilitate your registration and to resolve issues relating to the data provided to Myota;
- To resolve a problem related to a transaction related to our Services;
- To verify your identity;
- To test, correct and improve our content and services;
- To analyze how the Services are being accessed and used;
- To improve the Services performance and delivery;
- To customize your user experience;
- To develop new products and services;
- To comply with applicable laws and legal requirements (e.g. subpoena, court order, etc.);
- If it is necessary to allow our service providers or agents to provide services for us (such service providers or agents being required to maintain the confidentiality of your information with equal or greater protections than those provided by us);
- If it is necessary in connection with other business purposes including, without limitation, customer care, service quality, business management and operation, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing and dispute resolution;
- If it is necessary as part of a merger, divestiture or acquisition; and /or
- If it is necessary for us to provide it to our attorneys, accountants, regulators, auditors or other advisors.
IV. Service Providers
We engage service providers to perform functions and provide services to us in the United States, and other countries. For example, we use a variety of third-party services to help provide our Services, and to help us understand and improve the use of our Services, such as Amazon Web Services, Freshworks, and Veracode. For the PPE, Myota will host all data in the Storage Environment (AWS S3 or similar cloud storage environment) for ease of use during the trial process. We may share your private personal information with such service providers subject to obligations consistent with this Privacy Notice and any other appropriate confidentiality and security measures, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions.
V. Non-Personal, Aggregated, or Device-Level Information
We may also create or compile aggregated and de-identified data, which is data that is derived from various sources, including accounts. This information, which does not identify individuals, is used by Myota for its business purposes (i.e. the Performance Data), which may include offering services, research, marketing or analyzing market trends, and other purposes consistent with applicable laws.
We may, however, share non-personal, aggregated, or device-level information through partnerships with entities that may use data in their possession (including data you may have given them) to link your name, email address or other personal information to the information we provide them.
VI. User Consent or Direction
We may share or disclose your information at your direction to access your account or when you direct us to share your feedback with an organization. When logging in to a third-party application, you are directing us to share your contact information, such as your phone number, with that application.
VII.Disclosure pursuant to law, regulation, legal process, or governmental request
Notwithstanding anything to the contrary in this Privacy Notice, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our or our users’ rights or property. However, nothing in this Privacy Notice is intended to limit any legal defenses or objections that you may have to a third party, including a government’s request to disclose your information.
VIII. Business Transfers and Affiliates
We may also disclose information about you to other affiliates in order to help provide, understand, and improve our Services and our affiliates’ services.
IX. Additional Information:
- Not for Children
Our Services are not intended for children and we do not knowingly collect information from children under the age of 18. If you have reason to believe that we collected or are in possession of Personal Information from someone under 18 years of age, please let us know. You must be at least 13 years old to use the Myota App, but we do not collect any data related to mere application usage.If you are under 18, please do not attempt to use the Services, or send any information about yourself to us. By using the Services, you represent that you are 18 years of age or older.
- Do Not Track
We do not collect personally identifiable information about your online activities over time and across third party websites or online services nor do we allow other parties to do so.
- Our Security Safeguards
- Linking to Third Party Websites
- Reviewing and Updating Your Information
Keeping your Personal Information, and email addresses/mobile numbers, accurate and up-to-date is very important. If your profile information is incomplete, inaccurate or not current, please update your information.Please note that search engines and other third parties may still retain copies of your public information, like your user profile information, even after you have deleted the information from the Myota Services or deactivated your account.
X. International Users:
The Service are intended for a U.S. audience. If you use the Service, your information may be transferred or processed within the United States. By using the Service, you acknowledge and agree that we may collect, process, store, use, disclose, and dispose of your personal information in accordance with the terms of this Privacy Notice. By using the Services, you specifically warrant that you are located in the United States and are not attempting to collect, process, or store data from an international jurisdiction.
XI. Privacy Notice Changes:
We may revise this Privacy Notice from time to time. The most current version of the policy will govern our use of your information and will always be at https://myota.io/privacy-policy. If we make a change to this notice that, in our sole discretion, is material, we will notify you via an email to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Notice.
XII. Entire Agreement:
XIII. Choice of Law:
This Privacy Notice will be governed by and construed under the laws of the Commonwealth of Pennsylvania, excluding only its conflict of law provisions. By using the Services, you hereby submit to the exclusive jurisdiction of the courts within the Commonwealth of Pennsylvania and waive any jurisdictional venue or inconvenient forum objections to such courts. You further agree to comply with any applicable federal, state and local laws in your use of the Services.
XIV. How to Contact Us:
If you have any questions regarding this Privacy Notice, please contact us at the information provided below. We will keep a copy of your message until we have had an opportunity to address your concerns. We may archive your message for a certain period of time or discard it, but your email address will not be used for any other purpose.