Shelf Talker LLC Privacy Policy

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this User Agreement:

"Account" means a unique account created for You to access our Service or parts of our Service.

"Agreement" means this Privacy Policy, to be used in conjunction with our Subscription Agreement, User Agreement, and Licensing Agreement, that form the entire agreement between You and the Company regarding the use of the Service.

"Application" means the software program provided by the Company that is downloaded by You on any electronic device, named Shelf Talker.

"Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Shelf Talker LLC, a Michigan Limited Liability Company.

"Cookies" are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

"Device" means any device that can access the Service such as a computer, smartphone, or a digital tablet.

"Service" refers to the mobile application software program, Shelf Talker, designed to be downloaded, installed, and operated on handheld wireless communication devices such as smartphones or tablets and all the content, services, or features the user can access within the software application and the shelftalkerapp.com Website.

"Service Provider" means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.

"Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

"You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

This is the Agreement governing the use of this Service and the terms that operate between You and the Company. This Agreement sets out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by this Agreement. If You disagree with any part of this Agreement, then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the User Agreement of the Company. Our User Agreement describes Our policies and procedures on the rules, user rights, obligations, and restrictions when You use the Service or Website and tells You about Your usage rights and how the law protects You. Please read Our User Agreement carefully before using Our Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Licensing Agreement of the Company. Our Licensing Agreement describes Our policies and procedures on the capacity, use, and allowance of Your interaction with, ownership in, and ability to navigate when You use the Service or Website and tells You about Your usage rights and how the law protects You. Please read Our Licensing Agreement carefully before using Our Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Subscription Agreement of the Company. Our Subscription Agreement describes Our policies, procedures, and terms regarding the different Subscription levels when You use the Service or Website and tells You about Your privacy rights and how the law protects You. Please read Our Subscription Agreement carefully before using Our Service.

When checking the "accept box", You confirm You have read and are consenting to all terms of this Agreement. By continuing to use the Mobile App and Service, You are agreeing to all terms of the most updated Agreement, even if You have not clicked an accepting box for the most recent version.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of Our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Service, products, services, marketing, and your experience.

We do not sell, rent, or share Your information with third-parties except as required by law or to provide Our Services (such as with trusted service providers who assist us in operating our app).

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, or to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners, or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services, or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Your Rights and Controls

You may access and update Your personal information at any time through the Profile page within the Mobile Application or by contacting Our support team at support@shelftalkerapp.com. We collect only the necessary and essential personal information needed to operate and maintain the Service. For this reason, at this time, You can not delete any of the personal data collected. If, in the future, We do collect non-essential personal information, We will provide the ability for You to opt out of or delete non-essential information at any time. We will notify You through the email attached to the user account at least 30 days prior to any changes in the personal information collected and policy changes.

Cookies and Other Technologies

We may use cookies and similar technologies to enhance Your experience, analyze usage, and improve Our Services.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.

Your consent to this Privacy Policy, followed by Your submission of such information, represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition, or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us. We implement reasonable security measures to protect your information from unauthorized access, disclosure, or misuse. Through this Agreement, You acknowledge that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service. The third-party Service providers we use may be, but not limited to:

• Google Analytics
• Apple App Store analytics
• Google Play Store analytics
• Stripe analytics

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing, or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

The third-party Service providers We use may be, but not limited to:

• Apple Signin
• Google Signin
• Microsoft Signin

Children's Privacy

Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our database.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third-party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. If a revision is material, the Company will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

We will notify You of any changes by email using the email address connected with the Account. The most up to date version of this Agreement will be posted on the Shelf Talker App website with a link to it found on Your Profile page of the Shelf Talker Mobile App.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Governing Law

This Agreement and Your use of the Service is governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Your use of the Service may also be subject to other local, state, national, or international laws.

Any legal suit, action or proceeding arising out of or related to this Agreement and Your use of the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan in each case located in Kent County. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

This Agreement may have been translated if We have made it available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Contact Us

If You have any questions or concerns about this Privacy Policy, please contact us at support@shelftalkerapp.com.