Fetch Labs, Inc. Terms of Service

Last Updated: April 18, 2017

By accessing or using the applications and services owned or operated by Fetch Labs, Inc., whether through our software app(s) or website (our "Services"), you are accepting and agreeing to be bound by the terms and conditions set forth below (these "Terms").

We may modify the Terms at any time, in our sole discretion. If you continue to use the Services after we've notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms then you may no longer use the Services. Because our Services continue to evolve, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.

License

Subject to your compliance with these Terms, Fetch Labs, Inc. grants you a limited non-exclusive, non-transferable license to download and install a copy of our software app (the "App") on a single mobile device that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes. We reserve all rights in and to the App and Services not expressly granted to you under these Terms. You may not: (i) copy, modify or create derivative works based on the App or Services; (ii) distribute, transfer, sublicense, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App or Services available to multiple users through any means.

Downloading Our App

When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an "App Store"), you acknowledge and agree that:

- These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App.

- The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims.

- The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.

- The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store's terms of service when using our App.

Creating an Account

In order to use certain features of our Services, you must have an account with us. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).

Privacy

Please refer to our Privacy Policy (https://www.fetchmypet.com/privacy-policy) for information on how we collect, use and disclose information from our users.

Alerts and Notifications

As part of the Services we provide, you may (if enabled) receive push notifications, text (SMS) messages, alerts, emails, or other types of messages directly sent to you outside or inside the App (collectively referred to herein as "Messages"). You can opt in or out of these Messages (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees (e.g., standard data and text messaging fees) may apply for some of the Messages depending on the message plan you have with your wireless carrier.

Part of the Services we provide is access to a pet identity network that facilitates  communication amongst fellow Fetch Labs, Inc. account holders regarding pet safety, identity, and resources. The ability to communicate via our mobile application or web-based technology platform enables a Fetch Labs, Inc. account holder to both (i) report a missing pet to all other Fetch Labs, Inc. account holders, and (ii) report, to all such account holders, that a pet reported as missing has been spotted, found, optionally taken into custody, etc..   

Accordingly, by using the Messages feature (e.g., by opting in to Messages), you agree that a telephone number of at least one of your communication devices may be provided to an owner of a lost pet who has (i) an active Fetch Labs, Inc. account, and (ii) indicated that his/her pet(s) is lost via the Services we provide (e.g., via activation/selection of a “lost pet” indicator button within the mobile application. You agree that provision of your telephone number to said owner of the lost pet will automatically occur upon your indication that you have (i) spotted the the lost pet(s) or (ii) have found, and optionally have temporary custody, of the lost pet(s), where such indication is actionable via the Services we provide (e.g., via activation/selection of a “spotted” or “report found” indicator button within the mobile application). By using Messages (e.g., by opting in to Messages), you also agree that you may receive a Message, such as a text (SMS) message, from said owner of the lost pet.

As noted above, you can opt in or out of these Messages (with the possible exception of infrequent, important service announcements and administrative messages). You may opt-out of receiving all Messages facilitated by Fetch Labs, Inc. as part of our Services at any time by deactivating your account or sending an email to support@fetchmypet.com indicating that you no longer wish to receive any text messages, along with the telephone number of the communication device receiving the messages. You may receive Messages facilitated by Fetch Labs, Inc. as part of our Services for a short period while your request is being processed.

Please note that you may turn off Push Notifications by visiting your mobile device’s settings page. Turning off Push Notifications does not disable (e.g., opt you out of) the Messages.    

Content You Provide

You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services (your "Content"), and its legality, reliability, and appropriateness. You should only upload or post Content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services. You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms.

Enforcement

We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.

General Prohibitions

You agree not to do any of the following:

- Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

- Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;

- Intercept or "sniff" the communication packets between the Fetch Labs, Inc. hardware and mobile devices or attempt to reverse engineer the Fetch Labs, Inc. profile or Fetch Labs, Inc. protocol;

- Access, tamper with, or use non-public areas of the Services, Fetch Labs, Inc.'s computer systems, or the technical delivery systems of Fetch Labs, Inc.'s providers;

- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

- Attempt to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Fetch Labs, Inc. or other generally available third party web browsers;

- Submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

- Violate any applicable law or regulation, including by stalking , harassing , or tracking others for unlawful or criminal purposes.

- Encourage or enable any other individual to do any of the foregoing.

Copyright Policy

It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

- an identification of the copyrighted work that you claim has been infringed;

- a description of where the material that you claim is infringing is located on our Services;

- your address, telephone number, and e-mail address;

- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;

- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement should be sent to our Copyright Agent either via email at support@fetchmypet.com or by mail addressed to Copyright Agent, Fetch Labs, Inc., 88 Bush Street, Unit 3102, San Jose, CA 95126.

Third Party Links

Our Services may contain links to content or services provided by third parties ("Third Party Links"). These Third Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.

Ownership

You acknowledge that all intellectual property rights in our Products, App and Services, including the underlying software and technology and the information and content available on our Services, are owned by us and our suppliers (including other users), and are protected by law throughout the world. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, App or Services ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.

Termination

You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access any of the foregoing or your account.

Fetch Labs, Inc. Hardware Limited Warranty

Fetch Labs, Inc. warrants that your Smart Pet ID Tag hardware product ("the Product") will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail purchaser ("the Warranty Period"). If a defect in the Product arises within the Warranty Period, Fetch Labs, Inc. will, at its sole option and subject to applicable laws: (a) repair or replace it with a new or refurbished product or component; or (b) refund the original purchase price upon return of the defective Product. This Warranty does not apply to (w) Products you purchase from unauthorized resellers; (x) where the instructions for use and activation of the Product are not complied with; (y) where the Product is used with a jailbroken or rooted mobile device; or (z) where the Product is damaged as a result of abuse, accident, modification or other causes beyond our reasonable control.

ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

Disclaimer of Warranty for App and Services

We will use reasonable efforts to correct any discovered defects in the App or Services. However, your access to and use of our App and Services is at your own risk. We are not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the App and Services and any interactions with other users. Our App and Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not represent, warrant, or guarantee that the App and Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE APP AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMPORTANT:  WITHOUT LIMITING THE FOREGOING, THE APP AND THE SERVICES ARE DESIGNED TO HELP YOU LOCATE YOUR MISSING PET(S) WITHIN A CLOSE PROXIMITY AND TO OFFER PET RELATED PRODUCTS AND SERVICES. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APP AND/OR THE SERVICES FOR ANY PURPOSE  OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration allowed by law.

Limitation of Liability

EXCEPT TO THE EXTENT REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PETS, PROFITS, REVENUES, DATA, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, APP OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, APP OR SERVICE, IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions or limitations may not apply to you.

General Provisions

These Terms constitute the entire agreement between us with respect to the subject matter and supersedes any prior understandings and agreements. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

Third Party Trademarks

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.  Google Play, the Google Play logo, and Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Fetch Labs, Inc. is under license.  All other trademarks and trade names are properties of their respective owners.

Contacting Us

If you have any questions about these Terms, please contact us at support@fetchmypet.com.

Fetch Labs, Inc. Privacy Policy

Effective Date: April 18, 2017

Fetch My Pet is a digital pet identity network, designed to provide peace of mind to pet parents. Our focus is on pet identity, services and safety. This policy describes what information we collect from you and how we use it to accomplish that mission.

We take your privacy as seriously as you do, and because of that we take great care to collect only the information necessary to provide you with the best possible experience with Fetch Labs, Inc.

As you review our policy, keep in mind that it applies to Fetch Labs, Inc.’s (“Fetch”, “We”, “Us”) website, mobile app, support, and all other associated services that we provide (“Services”).

1. Information Fetch Collects

In this Privacy Policy, the term "Personal Information" means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number, or, in certain circumstances, location information, an IP address or the unique identifier allocated to each Fetch device. Specifically, we collect the following information from you, which may include Personal Information.

A. Placing an order

i. Contact Information

When you place an order on our website or within the app, you’ll need to provide an email address, a first and last name, and a shipping address.

ii. Payment Information

In order to complete your order on our website or within the app, you’ll need to provide payment information, such as your credit card account. This information is needed in order to process your order and is not stored on our servers.

B. Registering for the mobile app

You’ll need to use a valid email address and create a password to create an account for Services within the Fetch My Pet app. You can choose whether or not you’d like to provide your first and last name.

We do not identify you personally to other users or make your account information available to any third parties in any way that could identify you without your prior consent. The exception to this is in the event of a Rover Alert, in which case, your location and phone number will be shared only with the Account Holder whose pet has been reported missing.

C. Connecting with Social Networks

When you create a Fetch account, you may be able to connect and interact with a third-party social networking service (“Social Network”), such as Facebook or Twitter. If you decide to interact with a Social Network when using our Services, we are permitted to collect Personal Information that you have already made public on your Social Network account. You can manage this information in the privacy settings of each Social Network.

D. Information from Your Use of the Services

i. Fetch ID, Name, and Photograph

When you activate a Smart Pet ID Tag using the Fetch My Pet app, that Smart Pet ID Tag’s unique identifier (or Fetch ID) will be associated with your account. If you choose to name your Smart Pet ID Tag or add a photo of it, this information will also be associated with your account.

ii. Location Information

Fetch My Pet is designed to allow you to report when your pet(s) has gone missing. In order to do that, it’s necessary to collect data about your location. We use the term “Location Information” to refer to the combined location data of your phone or device, and your Smart Pet ID Tag(s).

While the app is running on your device, if you report your pet as missing, your location information may be transmitted. This allows us to show you, on your map, the last place your pet was seen by you. It is one of the primary ways Fetch helps you find your lost pet. Similarly, if you are the user that has spotted or found a missing pet, your location information may be transmitted allowing the pet parent to identify where to locate their missing pet.

We may also collect and update location information anonymously from other Fetch users who are running the app within Bluetooth range of your device. We do this to provide you with the most recent and accurate location of your Smart Pet ID Tag(s), even if they are out of your devices’ Bluetooth range.

The location information associated with your Fetch My Pet app or Smart Pet ID Tag(s) is not made available to these users unless they have found your pet or vice versa, resulting in the ability to share location information in a one-to-one format.

If you use a computer, phone, or other device to visit our website or contact support, we use the IP address of that computer or device to determine an approximate location. We do this so that we can provide you with a better, more-personal customer service experience.

We use your Location Information to provide the Services and may use your Location Information to promote the Services or provide you with offers. However, your Location Information is never shared with other users unless you choose to share it through our Services.

iii. Mobile Application Usage Information

We track how, and how often you use our Services. We also collect certain information that your mobile device sends when you use them for Services. This includes information such as your device’s model, operating system type and version, and the dates and times of your requests. We use this information to provide you with optimal services and support, and to collect anonymous statistics that help us understand our user base.

E. Information Collected Through Fetch Labs, Inc,’s Support Services

We provide support services via email request submissions, outbound telephone calls and direct email. We collect any Personal Information you may choose to provide to our team in the process. This includes, but is not limited to: your name, email address, phone number, and mailing address. We may use and process your Personal Information, including location information, to handle your support request and provide you with the best support possible.

2. Cookies and Other Web Technologies

A. Cookies

Cookies are small text files that are placed on your computer’s hard drive or onto your mobile device’s memory -- if your browser is set to accept cookies. Like many other online services, cookies and other tools like them help us collect and understand how you use our services.

Although most internet browsers automatically accept cookies, you can change your settings or use third party tools to prompt you before accepting cookies from the websites you choose to visit, or to refuse cookies altogether. You can even delete them through your browser. Most browsers also have settings to prevent them from accepting new cookies, to notify you when you receive a new cookie, or to delete or disable cookies altogether. Some parts of our Services may not work for you if you disable cookies.

B. How We Use Cookies

We use cookie technology in various ways to help make it easier for you to use our Services. For example, we use cookies to remember you when you return to our website, identify you when you sign-in, authenticate your access, keep track of your in-app specified preferences or choices, tailor content to you or geographic region, display a personalized browsing history, and/or to provide specific technical support.

We may also use cookies to gauge site usage, conduct research and diagnostics to improve the content we provide you, our products and services, and to help us analyze general web traffic.

The cookies we use expire after they have fulfilled their purpose. Some cookies expire when you close your browser (i.e., session cookies) or after a set period of time (i.e., persistent cookies). The expiration time of cookies that are placed by third parties (explained below) is determined by the third party, not us.

C. Web Beacons

Web beacons (also known as web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on web pages (or in an e-mail).

D. Do Not Track

While our website and the Fetch My Pet app at this time do not recognize automated browser signals regarding tracking mechanisms, such as "do not track" instructions, you can generally express your privacy preferences regarding the use of most cookies and similar technologies through your web browser, as indicated above.

3. Third Party Services

Sometimes Fetch uses third party services, such as certain services offered by Facebook and Google. These outside services may also collect Personal Information about you and your online activities.

They may also place cookies on your computer's hard drive or your mobile device's memory or use web beacons to collect or receive information from the Services and elsewhere on the internet and use that information to provide analytics and to target ads. The information practices of these outside services are not covered by this Privacy Policy. We cannot access, nor do we have any control over, the cookies or other web technologies they may use.

A. Web Analysis Services

We may use third party web analysis services to gather non-identifying information to measure how customers in aggregate interact with our website. These services may use cookies or other web technologies to collect usage information, matched to an IP address, to help us analyze how our users use our website and some portions of the Fetch My Pet app.  We collect this information in order to improve overall experience of our Services for our users.

We utilize Google Analytics, a service provided by Google, Inc., that we use to gather information about how users and visitors engage with our Site and Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/.

These outside services may also collect information about your use of other websites over time. Since we do not link any Personal Information that you provide to us within the app to the information we store within the third party analytics software, this additional information is only analyzed in a way that cannot identify you.

B. Measurement Services and Ad Targeting

We may use tools offered by third party services, such as Facebook, to send data about actions users take on the Services. These third party services may use such data to provide measurement services to Fetch or to target ads. You can opt out of the collection and use of information for ad targeting by going to http://www.aboutads.info/choices or http://www.youronlinechoices.eu/.

C. Social Plugins and Social Widgets

We may use social plugins, widgets and other features (each, a “Social Feature”) that are made available by and/or access third party Social Networks. These Social Features allow these Social Networks to place cookies on your browser and to collect certain information, which may be associated with your name and personal Social Network account.

These Social Features are operated solely by the respective Social Networks, and their service providers, and we recommend that you carefully read their privacy policies before you decide to use them. We have no control over or access to the information collected, stored or used by such Social Networks, and the information practices of such Social Networks are not covered by this Privacy Policy.

If you do not wish to associate any information collected via the plugins, widgets and/or other features with your personal Social Network account information, you should refrain from using these Social Features and logout from your Social Network account before visiting our Services.

4. We Are Not Responsible for Content on Third Party Websites

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service, or that is collected by a Third-party Service, is provided directly to the owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-party Services that you access.

5. We Use and Disclose Your Personal Information to Provide, Improve, and Promote Our Services

A. How We Use Your Personal Information (PI)

We may use your Personal Information and Location Information to provide you with a better service, improve the quality of our products and Services, and promote our Services. We use and process your Personal Information and Location Information to create anonymous, statistical and aggregated data reports where individual users are not identified.

B. How We Disclose Your Personal Information

Fetch uses third party services and software solutions, including web hosting and other cloud based services, to provide you with the best possible experience. We may share your Personal Information (including your Location Information and your Smart Pet ID Tag’s Location Information) with our third party service providers or affiliates (e.g. cloud-based and hosting services, technical service providers, consultants, mail carriers, communication agencies and customer support providers) in order to provide, improve, and promote the Services on our behalf.

For example, we may disclose Personal Information to our service providers in order to enable them to communicate with you on our behalf. We may also disclose Personal Information to platform providers, such as Facebook, in order to permit such providers to serve ads and promote the Services on our behalf on such platforms.  To the extent possible, your Personal Information will be stored in hashed or obfuscated form.

We will not share your Personal Information with any third parties other than in the circumstances discussed above.

C. How We Use De-Identified Information

We may share with third parties, including advertisers and service providers, anonymized, aggregated data we collect about you and other users, such as de-identified demographic information, de-identified location information, and information about the computer or device from which you access the Services.

6. We May Use and Disclose Your Information for Our Protection and the Protection of Others

A. How We Use Your Personal Information

We may use and process your Personal Information including Location Information to prevent fraud, misappropriation, infringements, identity theft, and other illegal activities and misuse of our Services.

B. How We Disclose Your Personal Information

Like other companies, we may disclose your information to government or law enforcement officials or private parties as we, in our sole discretion, believe is necessary to (i) comply with a law, regulation, or legal request; (ii) protect the safety of any person; (iii) address potential violations of our Privacy Policy or terms of service; (iv) investigate fraud, security, or technical issues; or (v) protect Fetch’s rights or property, our employees, users and the public.

In addition, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party, in the event we go out of business or enter bankruptcy, some or all of our assets - including any information collected from or about you - may be disclosed or transferred to a third party acquirer in connection with the transaction.

7. You May Modify Your Information

You can access and modify your contact information, such as your name, email address or phone number, within the Services, or by contacting us at support@fetchmypet.com. Please note that the Location Information associated with your Account is a core part of our Services and you will not be able to modify it.  However, if you do not want us to use your Location Information, you can delete it by deleting your Account using the process set forth in Section 8 below.

8. Your Account May Deleted Upon Your Request

If you want us to delete your Personal Information, Location Information and your Account, please contact us at support@fetchmypet.com with your request. We’ll take steps to delete your information as soon as we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.

Please note, however, that if you delete your Personal Information, Location Information and Account, the location information associated with any active Smart Pet ID Tag(s) may still be collected anonymously from other Fetch users who are running the app within Bluetooth range of your device. However, since your Personal Information will be deleted, any new location information that is collected will no longer be associated with your Personal Information. You may dispose of your Smart Pet ID Tag(s) at a local e-waste facility or contact us at support@fetchmypet.com for more information.

9. Personal Information Posted to Our Social Platforms and Website Are Public

If you choose to submit your Fetch success story or comment on our social platforms or website, you should know that any Personal Information you submit there can be read, collected, or used by other users of these mediums, and could be used to send you unsolicited messages.

We are not responsible for the Personal Information you choose to provide in your feedback or for any content or communications you receive as a result of sharing such information.

To request removal of your Personal Information from our Social Platforms or Website, please contact us at support@fetchmypet.com.

10. Communications

We may periodically send you promotional newsletters and emails. You have the opportunity to opt-out of these by following the unsubscribe instructions provided in the emails you receive. Certain communications, like billing information and Service updates are necessary for you to receive, so you will not be able to opt out of those communications.

11. International Transfer

Your Personal Information may be transferred to, and maintained on, computers 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’re located outside the United States and choose to provide your Personal Information to us, we may transfer your Personal Information to the United States and process it there.

12. We Take Security Seriously

We implement various systems, applications and procedures to secure your Personal Information, in order to reduce the risks of theft, damage, loss of information, or unauthorized access, disclosure, modification or use of information. Please be aware, however, that these measures are cannot absolutely guarantee the security of your Personal Information. Therefore, although we take great efforts to protect your Personal Information, we cannot guarantee and you cannot reasonably expect that our databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

13. You Are Responsible for Maintaining the Accuracy and Confidentiality of Your Email Address and Password

You are responsible for keeping the secrecy of your password at all times. We recommend using a strong password that you do not share with other services.

If you believe the security of your account has been compromised, please change your password immediately via the Fetch My Pet app. You can also contact us at support@fetchmypet.com for assistance.

You are responsible for ensuring the email address associated with your account is accurate. We use that email to contact you about service updates, changes to our policies, and account activities such as requests for your information or locate attempts on your device. Fetch is not responsible for personal data transmitted to a third party as a result of a user providing an incorrect email address.

14. We Post Updates on Our Website Whenever This Policy Changes

We have the right to change our Privacy Policy at any time. If there are any changes to this Privacy Policy, they will be posted on the website, in the Fetch My Pet app and sent to the most recent email address you have provided to us (if applicable). Any changes will be effective twenty days after their initial posting, or after the email was sent (or whichever date is later). We will make any immediate changes in order to comply with legal requirements.

If you object to any of the changes to this Privacy Policy, you must cease using our Services and may request us to erase your Personal Information. Any information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected.

15. Our Policy Toward Children

Our Services are not directed to children under 13 and we do not knowingly collect Personal Information from children under 13. If we learn that we have collected Personal Information of a child under 13, we will take steps to delete such information from our files as soon as possible.

16. Contact Us if You Have Any Questions or Concerns

Please contact us at support@fetchmypet.com or by postal mail: Fetch Lab, Inc., 88 Bush Street, Unit 3102, San Jose, CA 95126