Privacy Policy

1. Introduction

This Privacy Policy explains how Ezybandz Inc., a corporation organized under the laws of the State of Texas, with its principal place of business in Magnolia, Texas, United States ("Ezybandz," "we," "us" or "our"), collects, uses, discloses, stores and protects personal information.

Ezybandz Inc. is responsible for personal information handled in connection with our websites, online stores, mobile applications, connected wearable devices, dashboards, customer support channels, trade accounts and related products and services (together, the "Services"). Where a related entity, including Ezybandz Pty Ltd (ACN 631 428 496), is identified at the point of sale as the seller or service provider, or supports the delivery of the Services, that entity handles personal information in accordance with this Policy.

Where we handle the personal information of individuals located in Australia, we do so in accordance with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles, in addition to this Policy.

This Policy should be read together with our Terms and Conditions and with any product terms, service terms, consent screens, cookie notices or other privacy notices provided at the time we collect information.

2. Who this Policy applies to

This Policy applies to individuals whose personal information we collect or handle, including:

• website visitors, online store visitors and people who interact with our advertising or content;
• people who create an account, use an Ezybandz app, dashboard or connected device, or wear an Ezybandz device;
• family members, caregivers, guardians, emergency contacts and authorized representatives nominated by or for a device wearer;
• business customers, distributors, resellers, suppliers and their personnel;
• people who contact us for support, sales, warranty, complaints or general inquiries; and
• job applicants, contractors, employees and other individuals involved in our business operations.

Ezybandz products and services may be used by people of all ages who choose to wear or use an Ezybandz device, including adults, older persons, children, dependents and individuals supported by a parent, guardian, caregiver or authorized representative.

3. Information we collect and why

The information we collect depends on how you interact with us and which products or services you use.

We may also collect information automatically through cookies, pixels, SDKs, server logs, analytics tools and similar technologies, as explained in Section 9.

4. How we collect information

We may collect personal information directly from you, through device setup and use, through our apps and dashboards, from caregivers, guardians, emergency contacts or authorized representatives, from business customers and resellers, from service providers, and automatically through technology used in our websites, apps, devices and systems.

Where we collect personal information about you from someone else, we will take reasonable steps to ensure you are made aware of the collection where required by law and where it is reasonable and practicable to do so.

5. Sensitive information, health support information and location data

Some Ezybandz services involve information that may be considered sensitive or higher risk, including health support information, medical information voluntarily provided by users or their authorized representatives, precise location data, SOS alert history, fall detection events, geofence records, emergency contact details, and information relating to children, dependents or individuals who receive support from a caregiver, guardian or authorized representative.

We collect and use this information only where reasonably necessary for our products, services, safety functions, support, account management, legal compliance, incident response, dispute resolution, security or other purposes described in this Policy.

Health support, medical, care and support related information is generally provided voluntarily by a user, parent, guardian, caregiver or authorized representative. Precise location, alert and device data may be necessary for core safety features such as SOS alerts, fall detection, geofencing, device status, troubleshooting and service reliability.

Where required by applicable law, we obtain your consent before collecting or using sensitive personal information, including precise location and health support information. You may withdraw consent or update permissions at any time, although this may disable or affect particular safety features.

We do not use health support information, medical information, precise location data, SOS alert data, fall detection data, emergency contact information, child data or dependent user data for sale or targeted advertising.

6. Important health and emergency service clarification

Ezybandz is not a hospital, healthcare provider, health insurer, emergency medical service, alarm monitoring or dispatch service, call center replacement, government emergency response agency or provider of medical advice. Unless expressly stated in a separate written agreement, our products and services are intended to support personal safety, communication, alerting and information sharing directed by the user, and are not a substitute for professional medical advice, clinical monitoring or emergency services.

We do not monitor, review, verify, triage, escalate or respond to alerts, and we do not contact emergency services on behalf of a user. Alerts are generated automatically and delivered to the contacts and recipients configured in the relevant account. See Section 4 of our Terms and Conditions.

In an emergency, users and contacts must contact local emergency services directly, such as 911 in the United States or 000 in Australia.

7. How we use information

We use personal information to:

• provide, activate, operate and support Ezybandz products, apps, dashboards and services;
• process orders, subscriptions, payments, refunds, warranties, repairs and replacements;
• send service notices, safety notices, product updates, support communications and account messages;
• generate, route and deliver automated alerts and notifications, including SOS, fall detection, geofence and inactivity events, to the contacts and recipients configured in the relevant account;
• communicate with nominated emergency contacts, caregivers, guardians or authorized representatives;
• troubleshoot faults, monitor device and service reliability, improve functionality and protect security;
• manage business relationships, trade accounts, distributors, resellers, suppliers and corporate operations;
• conduct permitted marketing, surveys, product feedback and analytics;
• comply with legal, regulatory, tax, accounting, insurance and record keeping obligations;
• detect, investigate and prevent fraud, misuse, security incidents or unlawful conduct; and
• establish, exercise or defend legal rights or respond to lawful requests from regulators, courts, emergency services or law enforcement.

8. How we share information

We may share personal information with:

• Ezybandz group entities, including Ezybandz Inc. and Ezybandz Pty Ltd;
• cloud hosting, software, connectivity, analytics, communications, security and technology providers;
• payment processors, billing providers, logistics providers, support partners and repair providers;
• emergency contacts, caregivers, guardians or authorized representatives nominated by or for a device wearer;
• business customers, distributors or resellers where relevant to orders, account management or support;
• professional advisers, insurers, auditors, financiers and corporate service providers;
• regulators, courts, emergency services, law enforcement or other parties where required or authorized by law;
• potential purchasers, investors or advisers in connection with a business sale, merger, investment, restructure or similar corporate transaction, subject to appropriate confidentiality safeguards.

We take reasonable steps to ensure service providers handle personal information consistently with this Policy, applicable law and appropriate confidentiality, security and data handling obligations.

9. Cookies, analytics, advertising and privacy choices

We may use cookies, pixels, SDKs and similar technologies on our websites, apps and online services. These technologies may support essential functionality, security, fraud prevention, load balancing, analytics, performance measurement, personalization, advertising measurement and campaign reporting.

Where required by law, we will provide a notice at or before collection and offer choices for nonessential cookies and similar technologies. You may be able to manage cookies through our Cookie Settings link, your browser settings, device settings, app permissions or unsubscribe and opt out mechanisms.

We do not sell personal information for money. If our use of advertising or analytics technologies is considered a sale, sharing or targeted advertising under an applicable US state privacy law, eligible users may opt out using the privacy choices made available on our website or by contacting us.

Where required by applicable US state law, we recognize universal opt out preference signals, including Global Privacy Control, transmitted by your browser or device.

We do not use health support information, precise location information, SOS alerts, fall detection events, emergency contact details, child data or dependent user data for targeted advertising or sale.

10. Storage location and international transfers

Ezybandz Inc. is based in the United States. Personal information we hold is generally stored and processed in the United States.

Personal information may also be accessed from, transferred to or disclosed to recipients located in other countries where this is reasonably necessary for our products, services and business operations. This includes Australia, where Ezybandz Pty Ltd and certain support and administration personnel are located, and other countries where our service providers operate.

Before disclosing personal information to an overseas recipient, we take reasonable steps designed to assess the recipient's privacy and security practices and to require appropriate protections, which may include contractual obligations relating to confidentiality, restricted use, access controls, security measures, incident notification, subcontracting restrictions, and lawful handling of personal information.

Australian users: by using the Services, you acknowledge that your personal information will be transferred to and handled in the United States, and may be handled in other countries where our service providers operate. Privacy protections in those countries may differ from those in Australia, and an overseas recipient may not be subject to the Australian Privacy Act 1988 (Cth).

You may contact us if you would like further information about the countries in which your personal information is likely to be handled or about our approach to overseas disclosure.

11. Data security and data breach response

We use reasonable technical, organizational and administrative safeguards designed to protect personal information from misuse, interference, loss, unauthorized access, modification or disclosure. These safeguards may include access controls, role based permissions, encryption where appropriate, monitoring, security reviews, vulnerability management, staff training and incident response procedures.

No method of electronic transmission or storage is completely secure. We encourage users to protect their own account credentials, use strong passwords and keep account and emergency contact details up to date.

If we become aware of a suspected data breach, we will assess, contain, investigate and remediate the incident in accordance with applicable law and our internal procedures. Where required, we will notify affected individuals, regulators or other authorities, including under applicable US state breach notification laws such as Chapter 521 of the Texas Business and Commerce Code, applicable US health data breach notification requirements, and Australia's notifiable data breaches scheme where it applies.

12. Data retention

We retain personal information only for as long as reasonably necessary for the purposes for which it was collected, including providing our products and services, maintaining account and device functionality, delivering alerts and recording safety events, providing support, meeting legal and regulatory obligations, resolving disputes, maintaining business records, and protecting the rights, safety and security of Ezybandz, our users and others.

For example, we may retain:

• account, transaction and billing records for as long as needed to manage the account and meet legal, tax and accounting obligations;
• support requests, complaint records and warranty records for as long as needed to respond to issues, manage disputes and maintain business records;
• device, service and security logs for as long as reasonably required for troubleshooting, fraud prevention, safety review, service reliability and security;
• emergency contact, alert and safety event information for as long as reasonably required to provide the relevant service, respond to incidents, support users and contacts, and address legal or operational requirements; and
• information relating to inactive accounts for a limited period after inactivity where reasonably required for reactivation, compliance, dispute handling, fraud prevention or record keeping.

Where personal information is no longer required, we will take reasonable steps to securely delete, destroy or deidentify it, unless we are required or authorized by law to retain it.

13. Access, correction and privacy choices

You may request access to personal information we hold about you and ask us to correct information that is inaccurate, out of date, incomplete, irrelevant or misleading. We will respond within a reasonable timeframe and in accordance with applicable law.

You may opt out of direct marketing by using the unsubscribe link in an email, adjusting your account preferences where available, or contacting us. Depending on your device, app and account settings, you may also be able to adjust location sharing, alert settings, app permissions, communication preferences and authorized contacts.

Where it is lawful and practicable, you may deal with us anonymously or using a pseudonym. However, we may need identifying information to provide products, accounts, billing, device activation, support, alert delivery, warranty service, trade accounts or legal compliance.

14. US state privacy rights

Residents of US states with applicable consumer privacy laws, including Texas, California and other states with comprehensive privacy laws, may have additional rights regarding their personal information.

These rights may include the right to know or access personal information, request deletion, request correction, receive a portable copy of personal information, opt out of the sale or sharing of personal information, opt out of targeted advertising or certain profiling, limit certain uses of sensitive personal information where applicable, and not be discriminated against for exercising privacy rights.

You or your authorized agent may submit a request by contacting us using the details in Section 18. We will verify your identity before fulfilling a privacy request.

We aim to respond to verified consumer requests within 45 days, unless a different timeframe applies or an extension is permitted by law.

Appeals

If we decline a request, you may appeal by emailing legal@ezybandz.com with the subject line "Privacy request appeal". We will respond to an appeal within 60 days. If the appeal is denied, you may contact your state attorney general.

Texas users

You may have rights to access, correct, delete and obtain a copy of personal information, to opt out of targeted advertising, sale or certain profiling, and to appeal a denied request.

California users

In the previous 12 months, we may have collected, used and disclosed the categories of personal information described in this Policy for the purposes described in this Policy. We do not sell personal information for money. If our use of advertising or analytics technologies is considered a sale, sharing or targeted advertising under applicable law, we will provide required notices and opt out choices.

15. Children, dependents and users of all ages

Ezybandz products and services are designed to support personal safety, independence, communication and information sharing for people of all ages who choose to wear or use an Ezybandz device, including adults, older persons, children, dependents and individuals who receive assistance from a parent, guardian, caregiver, family member or authorized representative.

Accounts must be held by a person aged 18 or over. A child does not create or hold an Ezybandz account. Where a child or dependent is a device wearer, the account is held and managed by a parent, guardian, caregiver or authorized representative.

Where a user is a child, dependent or person who requires assistance managing their account or device, we may collect personal information from, and share relevant information with, a parent, guardian, caregiver or authorized representative where this is necessary to provide the product, manage account settings, deliver alerts, provide support or respond to safety events.

We do not knowingly collect more personal information about children or dependent users than is reasonably necessary to provide our products, services, support and safety functions.

Where required by applicable law, including the US Children's Online Privacy Protection Act and other children's privacy laws, we will obtain consent from a parent, guardian or authorized representative before collecting, using or disclosing personal information relating to a child user.

Parents, guardians, caregivers and authorized representatives may contact us to request access to or correction of relevant personal information, update permissions, change emergency contact details or ask questions about how a user's information is handled.

16. Automated processing and product analytics

We may use automated systems, algorithms or software tools to support device functionality, alert generation, fall detection, geofence and inactivity monitoring, alert routing, fraud prevention, service monitoring, security, product analytics, customer support and operational reporting.

These tools may analyze device signals, account settings, connectivity information, location inputs, alert preferences and related technical data to help identify events, prioritize notifications, route alerts, support troubleshooting and improve service reliability.

Automated tools are used to support service delivery, safety functions and platform operations, but they are not error free and can be affected by factors such as device connectivity, battery status, network availability, device positioning, environmental conditions, user settings and the quality of input data.

We do not use automated processing to make decisions that produce legal or similarly significant effects for users unless we provide any additional notice required by law and comply with applicable legal requirements.

17. Complaints

If you have a concern or complaint about how we handle personal information, please contact our Privacy Officer using the details in Section 18. We will acknowledge and assess your complaint, may ask you for further information, and will respond within a reasonable timeframe.

US users: you may also have the right to lodge a complaint with your state attorney general or another relevant regulatory authority.

Australian users: if you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au or by calling 1300 363 992.

18. Contact us

If you have questions about this Privacy Policy, wish to make a privacy complaint, or want to exercise your privacy rights, please contact us:

19. Changes to this Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, services, legal requirements or operational needs. Where we make material changes, we will take reasonable steps to notify users, which may include posting the updated Policy on our website, updating the Last updated date, sending an email or in app notice, or displaying a prominent website or app notice.

Where additional consent is required by law for a new collection, use or disclosure of personal information, we will seek that consent separately.

20. Governing law

This Policy and any dispute relating to it are governed by the laws of the State of Texas, United States, without regard to its conflict of law provisions.