Effective Date Nov 30, 2016
Introduction. This privacy statement ("Privacy Statement") is designed to provide information about the privacy and data collection practices of Seiko Epson Corporation and its subsidiaries and affiliates (collectively referred to herein as "Epson", "we", "our" or "us") for the M-Tracer products (including the M-Tracer network connected hardware and the "M-Tracer For Golf" and "M-Tracer View For Golf" applications and websites), the PULSENSE products (including the PULSENSE Heart Rate Activity Monitor network connected hardware and the "PULSENSE View" application and website), the RUNSENSE products (including RUNSENSE network connected hardware, the "Run Connect" and "Runsense View" applications and websites and the "Epson View" applications and websites) and any other software products or software features that refer to, post a link to, or otherwise include this Privacy Statement (collectively the "Service"). This Privacy Statement does not apply to any other websites, applications or services.
Please review this Privacy Statement carefully. If you have questions or concerns regarding this Privacy Statement, contact Epson's Privacy Coordinator by sending an email to email@example.com. In addition, please review any applicable terms and conditions, which govern your use of the Service.
Active Collection of Personal Information. In order that you may access or take advantage of the Service, we may ask you to provide Personal Information when you register with the Service and when you communicate or otherwise interact with the Service. "Personal Information" is information that can be used to identify a specific individual. Examples of Personal Information we may collect through the Service include, without limitation: first and last name, e-mail address, Epson Global ID, password, location, language, age, gender, height, weight, body fat percentage, physical activity information (such as heart rate and steps), workout information (such as workout name, type, notes, rank order, and plan), meal information (such as calorie consumption), golf club information (such as swing speed, angle of club, estimated carry), sleep patterns, photograph, and any other information about your use of the Service that, when combined with other information, may become personally identifiable.
You may elect not to submit Personal Information; however, as a result, you may not be able to use some of the Service's features or functionality. Personal Information once "de-identified" will not be subject to this Privacy Statement and we and our service providers may treat it as non-Personal Information and use it without obligation to you except as prohibited by applicable law.
The methods that we and our service providers may use to automatically collect such information may include the following:
Cookies: Cookies are data files that are placed on a device when it is used to visit a website. These cookies may be used for many purposes, including, without limitation, tracking user preferences and web pages visited while using the Service. You may disable cookies using your browser's preferences. However, some features of the Service may not function properly or may operate slowly if you disable the cookies. In addition, please be aware that if you choose to block cookies, some advertising preferences that are dependent on cookies may not be able to be respected.
Web Beacons: We may include small graphic images called web beacons, also known as "Internet tags" or "clear gifs," in our web pages and e-mail messages. We may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to the Service and to monitor how users navigate the Service.
Embedded Scripts: An embedded script is programming code that is designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer or mobile device from our web server or a third party with whom we work, is active only while you are connected to the Service, and is deleted or deactivated thereafter.
We may send you product promotions that we think you may be interested in receiving based on passively-collected information. If we associate any such passively-collected information with Personal Information about you, we will treat the combined information as Personal Information.
Location-identifying Technologies: GPS (global positioning systems) software and other location-based technologies locate you for purposes such as verifying your location and delivering relevant content based on your location.
In-App Tracking Methods: There are a variety of Tracking Technologies that may be included in applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifiers, or other identifiers such as "Ad IDs" to associate app user activity to a particular app.
Information from Third Parties. We may, from time to time, obtain supplemental information about you from third party sources or from our marketing partners in connection with co-branded websites or promotions, subject to their respective privacy policies and options. If we receive Personal Information from a third party source and/or if we combine the information we receive from these third party sources with your Personal Information, we will treat that information as Personal Information. We are not responsible for the accuracy of the information provided by third parties or how such third parties collect, use, and share such information.
Use of Information. Epson may use information about you: (1) to provide you with the Service and to process transactions that you have requested or agreed to receive; (2) to process your registration of an Epson Global ID with the Service or your registration for a particular part of the Service, including verifying that your e-mail address(es) are active and valid; (3) to improve or develop the Service or other Epson, subsidiary or affiliate products and services; (4) to customize your experience with the Service, or to serve you specific content that is relevant to you; (5) to contact you with regard to your use of the Service and, in our discretion, changes to our policies; (6) to provide you with Service related notices; (7) to conduct surveys regarding the Service and other Epson or affiliate products and services; (8) to send you advertisements for Epson products and services; and (9) for purposes disclosed at the time you provide your Personal Information or with your consent, or as permitted or required by applicable law.
Disclosure of Information. Except as otherwise provided herein, Epson does not share, rent, or sell any Personal Information it collects to any third party for the third party's marketing or solicitations purposes. We may, in our sole discretion, share with third parties information that is not associated with your name or identity, such as Service usage information, non-personally identifiable demographic information, and aggregate user statistics. In addition, we may share Personal Information with third parties as described in this Privacy Statement or at the time you provide the information, with your consent or at your request, as permitted or required by applicable law or in the following circumstances:
Service Providers: We may share your Personal Information with third party service providers so that they may perform certain services for us, such as website hosting, order fulfillment, delivery of Epson promotional materials and product offers, or performing other services on our behalf. These service providers are prohibited from using your Personal Information for any purpose other than to provide this assistance and are required to protect Personal Information collected by them on behalf of Epson or disclosed to them by Epson and to comply with the general privacy principles described in this Privacy Statement.
Business Transfers: Epson may share Personal Information with its subsidiaries and affiliates for internal business and marketing purposes under the same conditions set forth in this Privacy Statement. Epson also reserves the right to disclose and/or transfer all information collected, whether through or in connection with the Service or otherwise, including Personal Information, to third parties in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of Epson or of any of the business or assets or shares of Epson or a subsidiary or division thereof in order for you to continue to receive the same products and services from the third party.
Legal and Safety Obligations: To the maximum extent permitted by applicable law, we may also transfer and disclose user information, including Personal Information: (i) in the event we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required or permitted by law; (ii) at the request of governmental authorities conducting an investigation; (iii) to protect and/or defend the terms of service or other policies applicable to the Service; or (iv) to protect the personal safety, life, health, rights, property or security of any individual. To the maximum extent permitted by applicable law, we may also use IP addresses, mobile device identifiers or any other information we collect to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.
These and other third parties may also collect Personal Information about your online activities over time and across different websites when you use the Service.
This Privacy Statement does not cover any use of information that such third parties themselves may have collected from you (e.g., type of browser, operating system, domain name, day and time of visit, page(s) visited) or the methods used by the third-parties to collect that information (e.g., cookies, web beacons and clear gifs). Visit these URLs to learn more about third parties business practices and privacy policies.
You can also learn more about opting out of network advertising retargeting below in the "Analytics and Advertising and Your Choices" Section.
Your Choices and Controls.
E-mail. Epson provides several means for you to opt-out of receiving commercial emails from Epson. If you do not wish to receive e-mail notices regarding our products or services, you may opt-out by logging into your user account and changing your preferences. You may also opt-out through any commercial email you receive from Epson by selecting the "unsubscribe" or similar option included with each email. Please note that your opt-out is limited to the e-mail address used and will not affect subsequent subscriptions or non-promotional communications, such as such as administrative and service announcements.
Accessing and Modifying Account Information. If you have registered as a member of the Service, you may update or modify any of the information that you provided through the Service. You may do this by logging into your Epson Global ID account. You are responsible for maintaining the accuracy of the information you submit to us and in your Epson Global ID account. Epson will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. Note, however, that information may persist internally for Epson's administrative purposes and that residual data may remain on backup media or for other reasons.
Geo-Location Information. Certain parts of the Service request geo-location information when you use your mobile device. For these parts of the Service, you may choose not to share your geo-location details with us by adjusting your mobile device's location services settings. For instructions on changing the relevant settings, please contact your service provider or mobile device manufacturer. The geo-location function of the Service may not be available in all markets or with all products.
Analytics and Advertising and Your Choices.
As discussed above, Epson may participate in retargeted advertising. If you do not wish to receive cookie-based retargeted advertising from Epson based on your activity on third party sites, you may disable cookies as described above in the "Cookies" section and clear your browser history. This will also have the effect of disabling cookies that were placed through e-mail pixels. Please be aware that disabling cookies does not affect non cookie-based retargeting technologies and, even if you opt out of targeted advertising, you will continue to receive generic ads.
Certain companies may participate in the Digital Advertising Alliance ("DAA") AdChoices Program and may display an Advertising Option Icon for interest-based ads that links to an opt-out tool which allows you to exercise certain choices regarding targeting. You can learn more about the DAA AdChoices Program at http://www.youradchoices.com/ and its opt-out program for mobile apps at http://www.aboutads.info/appchoices. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative ("NAI"). NAI has developed a tool that allows consumers to opt out of certain interest-based ads delivered by NAI members' ad networks. To learn more about opting out of such targeted advertising or to use the NAI tool, see http://www.networkadvertising.org/choices/. Please be aware that such opt-outs do not affect non-targeted ads. We are not responsible for the effectiveness of, or compliance with, any third-parties' opt-out options or programs or the accuracy of their statements regarding their programs. However, we support the ad industry's 2009 Self-regulatory Principles for Online Behavioral Advertising available at http://www.iab.net/media/file/ven-principles-07-01-09.pdf and expect that ad networks Epson directly engages to serve you interest-based ads will do so as well, though we cannot guaranty their compliance.
Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, Epson currently does not alter its practices when it receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you may wish to visit http://www.allaboutdnt.com.
Third Party Social Features and Applications. Certain parts of the Service may permit interactions that you initiate between the Service and a third party website, service or application ("Third Party Features"). The third party websites, services or applications at issue could be a social media site, your gym's mobile application, another third party fitness app or a variety of other sites, services and applications. Examples of Third Party Features include enabling you to "like" or "share" Service content to other websites, services and applications; to log-in to the Service using your username and password for a third party site, service or application; to transmit content to the Service from your account on a third party website, service or application; and to otherwise connect Service websites to a third party website, service or application.
If you choose to use Third Party Features, information you post or provide access to may be publicly displayed on the Service or by the provider of the Third Party Feature that you use. Similarly, if you post information on a third party platform that references the Service (e.g., by using a hashtag associated with Epson in a tweet or status update), your post may be published on the Service in accordance with the terms of the third party website or service. Also, both Epson and the third party may have access to certain information about you and your use of the Service and the third party site, service or application. In addition, we may receive information about you if other users of a third party website, service or application give us access to their profiles and you are one of their "connections," or information about you is otherwise accessible through your "connections'" web pages, profile pages, or similar pages on a social networking or other third party website, service, application or interactive service. The information Epson collects in connection with Third Party Features is subject to this Privacy Statement. However, the information collected and stored by the third party (including a social media site, your gym, another fitness app, or any other third party site, service or application) remains subject to the third party's privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party website or service. Epson is not in any way responsible for the practices of those third party sites, services and applications.
Complaints, inquiries, and requests for disclosure. You should direct any complaints, inquiries, and requests pertaining to this Privacy Statement (regarding disclosure, correction, or discontinuation of use of Personal information, or anything else) to the address listed below. You can terminate your use of the Service by following the instructions set forth in the applicable terms of service, or by uninstalling and deleting the software or application.
Data Retention. Epson will retain your Personal Information for the purposes described above for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws.
Children's Privacy Protection. The Service is not intended for children and is not targeted to children under the age of thirteen (13). Epson does not knowingly collect data from children and, if we learn that we have received identifying information from a user under the age of thirteen (13), we will delete this information.
Third Party Services, Interfaces, and Apps. As noted above, there may be hyperlinks on the Service to other websites, interfaces, applications or locations that are operated and controlled by third parties ("Third Party Services"). These Third Party Services may use their own cookies, web beacons and other technology to independently collect information about you. In addition, these Third Party Services may solicit Personal Information from you. We make no representations regarding the policies or business practices of such Third Party Services and encourage you to familiarize yourself with their privacy policies before providing them with your Personal Information.
Your California Privacy Rights (as provided by California Civil Code Section 1798.83). When California customers provide Personal Information to a business, they have the right to request certain disclosures if that business shares Personal Information with third parties for the third parties' direct marketing purposes. Once per calendar year the customer may request that the business provide a list of companies with which it shares Personal Information for those companies' direct marketing purposes, and a list of the categories of Personal Information that the business shares. Instead of responding to such requests, however, a company may choose to comply with this law by establishing and publishing on its website a policy of not disclosing a customer's Personal Information to such third parties unless the customer affirmatively agrees to such disclosures, or a policy of not disclosing a customer's Personal Information to such third parties if the customer has exercised an option that prevents that information from being disclosed to third parties for those purposes. Thus, a company may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and providing a cost free means to exercise that right.
As stated in this Privacy Statement, we do not share information with third parties for those third parties' direct marketing purposes. If Epson should decide to change this policy in the future, you will be provided an opportunity to opt in or out of any such sharing. Epson may still share your information with third parties and affiliates for many other purposes, such as product safety, customer service, and Epson's own marketing. You cannot prevent sharing for these other purposes.
California customers may request information about our compliance with this law by contacting us at firstname.lastname@example.org. Any such inquiry must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.
Consent to Transfer Information. The Service is operated in Japan. If you are located outside of Japan, and are accessing or using the Service, please be aware that information you submit to the Service (Active Collection described above), including Personal Information, and passively collected information (Passive Collection described above) will be transferred to, processed and stored in Japan. By using the Service or providing us with any information through the Service, you consent to this transfer, processing and storage of your information in Japan, and you acknowledge that your information may be accessible to the governments of such destination under local law. Your information may also be shared with the Epson subsidiary in the region in which you register the product as discussed in the Business Transfers section above.
Security. Epson takes commercially reasonable steps to help protect and secure Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information we collect, and you use the Service, and provide us with your information, at your own risk.
Changes to this Statement. Epson may from time to time and without prior notice revise this Privacy Statement. Any changes will be effective immediately when the revised statement is posted on the Service, unless stated otherwise. We will not, however, use your Personal Information in a manner materially different than what was stated in the Privacy Statement posted on the Service at the time your Personal Information was collected unless we receive your consent.
Contacting Us. If you have any questions about this Privacy Statement, our practices, or your dealings with the Service, wish to request access to or correction or update of your Personal Information, wish to withdraw your consent (subject to legal or contractual restrictions and reasonable notice), or you have reason to believe Epson may have failed to adhere to this Privacy Statement, you can contact us by email or you can write to:
390 Shiojiri-machi, Shiojiri-shi, Nagano-Ken, Japan
Seiko Epson Corporation
Wearable Products Operations Division