Ismokay (“Ismokay”, “we”, “we” or “our”) is committed to protecting and respecting your privacy in connection with your use of our website, www.ismokay.com (the “Site(s) ), Applications (“Applications”) and other products, services and features there of (the Site, the Applications and other products, services and features are collectively referred to herein as “Product” or “Products”, which may be updated from time to time at The Sole Discretion of Ismokay). This privacy policy (“Privacy Policy”) and any other documents mentioned herein establish the basis on which any personal data we ​​collect from you or that you provide to us in connection with the Products will be processed by us. Read carefully to understand our practices regarding your personal data and how we will collect, use and disclose your personal data. If you have an unresolved privacy or data use issue that we have not handled satisfactorily, please contact us help@ismokay.com.  

1. DATA WE MAY COLLECT

We may collect and process the following data about you:

• Personal data, including, for example, your name, email address, password and, in certain cases, telephone number, data about the use of the Products and data collected by tracking technologies as described in section 4 below, which may identify you as an individual or allow online contact with you as an individual.
• Ismokay does not collect or process credit or debit card data (“Payment card”). Apple and Google collect payment card data for in-app purchases, and our payment processor collects payment card data for purchases made on the websites. These payment processors typically provide us with some limited data related to you, such as a unique anonymous token that allows you to make additional purchases using the data they stored and the type, expiration date, billing address, and four digits of your card number.
• Facebook profile information, such as name, email, and Facebook ID, if you choose to sign in to the Products through Facebook.
• Google profile information, such as name, email,and Google ID, if you choose to sign in to the Products through Google.
• Device information, such as operating system version, device type, and system performance data.
• Data collected through tracking technologies, as described in section 4.
• If you choose to invite a “Friend” to use the Products using our friend system, we will ask for your name and email address. We will use this data to invite you to join the Products. If your friend wants us to delete their data, you can do so by disabling it as described in each invitation or by contacting us by email help@ismokay.com.
• If you choose to verify your account we may allow a third-party platform to access the specific personal data you provide to perform the verification. All the information you need to fill in the open text fields during account registration is required. Any failure to complete this information or any response that Ismokay deems abnormal may result in refusal (or inability) to process your request. You agree that the personal data you provide about you or the holders of Ismokay’s subsidiary or “Friends” accounts will be current, accurate, complete and unambiguous.

2. CONFIDENTIALITY AND SECURITY

The security of your personal data is important to us. We follow generally accepted standards to protect personal data sent to us during transmission and after it is received. If you have any questions about the security of your personal data, you can contact us at help@ismokay.com. Except as described in the “Disclosure of your data” section below, we do not provide your personal data to third parties without your specific consent as defined by applicable law.

3. NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONS

If you sign up to receive our promotional materials by email and/or (push notifications), we will use the data you provide to us to provide the requested communications. If you inform us that you wish to cancel promotional material by email, selecting “unsubscribe” at the bottom of this communication or sending an email to help@ismokay.com, we will remove you from our mailing list. If you no longer want to receive push notifications, turn them off on your mobile device. If you provide us with your phone number directly or through third parties for the specific purpose of receiving an SMS message with a link to our Applications, you will receive this SMS message (the “SMS Service”). Standard text message rates will apply.

4. TRACKING TECHNOLOGIES

Ismokay and our analytics partners use technologies such as beacons, tags, scripts and cookies to allow a service to recognize your device, so you don’t have to provide the same data multiple times during a task, to recognize that you must have already provided a username and password, so you don’t have to do so on all requested web pages, and evaluate how people are using the Products. We use local storage, such as HTML5, to store content data and preferences. The third parties we partner with to provide certain features in the Products also use HTML5 to collect and store data. Several browsers can offer their own management tools to remove HTML5. We partner with third parties, such as Facebook and Google, to manage our advertising of the Products on other websites or platforms, as well as on other devices based on your previous visits to our site. Our third-party partners may use technologies such as cookies to collect data about your activities on the Products to provide such advertising to you, such as redirect ads. We are not always able to respond to signs of not tracking. For more data about interest-based ads, including how to opt out of using web browsing data for behavioral advertising purposes, visit www.aboutads.info/choices. Note that this doesn’t prevent you from running ads. You can continue to receive generic ads on these third-party platforms. You can also choose not to receive ads on all devices by adjusting your ad preference in your Google or Apple Account. We use third-party trackers to let us know when users visit the Products by “clicking” on our advertising or sponsored content hosted on third-party platforms. Products use the Analytics code to collect statistical data. Google Analytics sets cookies to help us accurately estimate the number of product visitors and usage volumes of the Products. This is done to ensure that products are available when you want them and are fast. For more data on how Analytics processes this data, visit www.google.com/analytics. We will acquire your consent to use these trackers to the extent required by applicable law. For more information about the ​​types of cookies used by Ismokay and its ability to restrict the behavior of cookies or enable them in your browser settings, please refer to the Ismokay Cookie Policy.

5. MOBILE ANALYTICS

We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record data such as how often you engage with the Products, the events that occur in the Products, aggregated usage and performance data, and where the Applications were downloaded from. We may link the data we store in the analytics software to any personal data you submit in the mobile app.

6. LOG FILES

As with most websites, we gather certain data and automatically and store it in log files. This data may include IP addresses (Internet Protocol), browser type, Internet service provider (ISP), reference/exit pages, operating system, timestamp and/or clickstream data. If you receive the HTML version of our newsletter by email, your opening will be notified and saved. Your clicks on the newsletter links are also saved. These and open statistics are used in aggregate to give us an indication of the popularity of the content and to help us make decisions about future content and formatting.

5. WHERE WE STORE YOUR PERSONAL DATA

All data you provide to us through the Products is stored on our secure servers. Any payment transactions will be encrypted using SSL technology; all payment data is stored in our payment processor and is never stored on Ismokay’s servers. Where we provide you (or where you have chosen) a password that allows you to access certain arts pages of the Products, you are responsible for keeping that password confidential. We ask that you do not share a password with anyone and suggest that you change your password frequently. Unfortunately, data transmission over the Internet is not completely secure. While we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Products; any transmission is at your own risk. After we receive your data, we will use restricted procedures and security features to try to prevent unauthorized access.

6. CORPORATE AND OTHER COMMUNITY SHARING

There is a great deal of interest from large consumer communities (businesses, universities, hospitals, government agencies, etc.). (“Communities”) in presenting the Products to its employees and members. If you have registered to use the Products through a code or other registration credential provided by a Community (a “Community Subscription”), the Community will have access to your email address, the date you registered to use the Products, and the date you last used the products. The Community will also have access to aggregated and anonymous general purpose data from your Community. Your community may also have access to your usage data individually, but only if you have provided appropriate consent under applicable law for such sharing. For example, many Communities are offering incentive programs based on member participation in health and wellness programs and want to better understand how their employees are using the Products.

7. SINGLE LOGIN

You can sign in to our products using sign-in services like Facebook Connect or an Open ID provider. These services will authenticate your identity, provide you with the option to share certain personal data (such as your name and email address) with us, and pre-complete our application form. Services such as Facebook Connect offer the option to post data about your activities on our Products or on your profile page to share with others on your network.

8. YOUR DATA RIGHTS

The recent European Union law called the General Data Protection Regulation (“GDPR”) ​​grants certain rights to applicable individualism connection with their personal data. Consequently, we have implemented transparency and access controls to help these users exercise these rights. As required by applicable law, the rights granted to you are:

• Right of access: You have the right to obtain (i) confirmation as to ​​whether personal data about you are processed or not and, if processed, obtain (ii) access to such data and a copy thereof.
• Right of rectification: You have the right to obtain rectification of any inaccurate personal data relating to you. You also have the right to have incomplete personal data completed, including providing a supplemental statement.
• Right of exclusion: In some cases, you have the right to obtain the deletion of personal data about you. Upon request, the anonymous Ismokay permanently and irrevocably your data so that it can never be reconstructed to identify you as an individual. However, this is not an absolute right and Ismokay may have legal or legitimate reasons for maintaining such data.
• Right to processing restriction: In some cases, you have the right to obtain restrictions on the processing of your personal data.
• Right to data portability: You have the right to receive the personal data you have provided to Ismokay in a structured, commonly used and machine-readable format, and you have the right to transmit this data to another controller without any impediments to Ismokay. This right applies only when the processing of your personal data is based on your consent or a contract and such processing is carried out by automated means.
• Right to object to processing: you have the right to object at any time, for reasons related to your specific situation, to the processing of personal data about you when such processing is based on Ismokay’s legitimate interest. Ismokay can, however, invoke compelling legitimate reasons for continuous processing. When your personal data ​​is processed for direct marketing purposes, you have the right to oppose the processing of such data at any time. You  can, in particular, exercise this right by clicking on the “unsubscribe” link provided at the bottom of all messages received or by managing your privacy preferences by logging into your Ismokay account and following the instructions.
• Right to lodge a complaint ​​with the competentsupervisory authority: youê  have the right to contact the supervisory  ​​authorityto complain aboutáçãIsmokay’s personal data protectionpolicies.

The right to give instructions on the use of your data after your death: as required by applicable law, you may have the right to provide instructions to Ismokay on the use of your personal data after your death. To exercise one or more of these rights, you can send an email to help@ismokay.com. You can access your personal data to modify or update at any time through an online account or by sending an email to help@ismokay.com. We will respond to your request within a reasonable time, in accordance with applicable law.  

9. USES OF DATA

We use the information held about you in the following ways: To supply the products. To answer your questions or requests for information or deal with your complaints. To ensure that the content provided by the Products is presented in the most effective way for you and your computer or other device. Provide you with promotional communications, such as email, to the extent that you have consented to receive such communications in accordance with applicable law. Comply with our obligations arising from any agreements entered into between you and us. To allow you to participate in the interactive features of the Products, when you choose to do so. To notify you of updates or changes to product features and content. To understand your broad and nonspecific geographic location, to help us identify user groups by general geographic market (such as zip code, state, or country). Account for applicable ​​sales taxes based on the postal requirements provided to our payment processors for purchases made through the Site. To inform your Community about your registration and use of the Products, as described in Corporate and Other Community Sharing in section 6 above. To serve our ads to you through third-party platforms, such as Facebook or Google, on other websites and apps or on your devices, to the extent that you have given consent to such uses under applicable law. Provide you with the SMS Service to the extent that you have consented to these practices under applicable law. We may also ask you to complete surveys we use for research purposes, although you don’t need to answer them. To manage your payments and orders. If you are already a customer, we will contact you only electronically (e-mail or product communication) with information about products and services similar to those that were the subject of a previous sale, unless you do not opt for such communications.  

10. LEGAL BASES FOR THE PROCESSING OF PERSONAL DATA

Ismokay provides the following information about its Article 6 legal bases for the processing of personal data: The performance of the contract (the Ismokay Terms and Conditions) between you and Ismokay for the processing of data relating to the use of the Ismokay Products (including your orders and payments); Ismokay’s legitimate interest, more specifically: Our business interest is to provide emails and push notifications for timely introductory materials and information about your Ismokay account, our features and product updates, and offers to upgrade your free account to a subscription account. Our financial interest in providing you with promotional offers and/or discounts with respect to paid subscriptions and special offers. Our commercial interest in offering you private or tailored content based on your use of the Products. Our business interest in collecting data about your general purpose activities in order to improve the Ismokay user experience. Our business interest is to ask you to participate in product surveys to better understand your needs and expectations. Our financial interest in offering you the opportunity to purchase Ismokay’s subscription for the benefit of third parties through the “gift to a friend” program. Our business interest is to offer you the opportunity to invite a “Friend” to Ismokay and share information about your activities on Ismokay with your connected “Friends”. Our business interest in providing you with customer service communications about your account, questions about our content offerings or your non smoking practice or any other matters directed to the customer service team in order to have clear and easy communication with you and answer all your questions. requests from. Our business interest in collecting data related to unplanned downtime or errors in the Products. Our business interest in complying with legal obligations, such as keeping accurate financial records. Our business interest in verifying your eligibility in a Community and providing limited reports to that Community, as described in more detail in section 6.  

11. DISCLOSURE OF YOUR DATA

Ismokay may disclose your personal data to members of our organization with the sole purpose of enabling you to carry out the activities involving the Ismokay product. We may disclose your personal information to third parties as follows: In certain circumstances, based on specific requests you may make, you may need to disclose your personal data to third parties in order for them to provide a service that you have requested from that party or fulfill a data request from that party. As an example, we have the SMS service. In certain circumstances, we may disclose personal data to third parties offering goods or services complementary to those of Ismokay, with the aim of improving your experience by offering additional functionality, complementary services or pricing options for package purchase that may be developed. If Ismokay service providers (hosting, IT maintenance, market analysis and payment service providers) require this data to be provided by us, Ismokay will require each of its service providers to agree to maintain the confidentiality and security of the personal data that is made available. In the event that we sell or buy any business or asset, in which case we may disclose your personal data to the possible seller or buyer of that business or asset, obviously requiring the confidentiality and security of the information passed on. If Ismokay or substantially all of our assets are acquired by third parties, in which case the personal data held by us about our clients will be one of the transferred assets. If we have an obligation to disclose or share your personal data in order to comply with any legal obligation, such as complying with a subpoena, bankruptcy proceedings, similar legal process or to enforce or enforce our agreements with you; or to protect the rights, property or safety of Ismokay, our customers or others. This includes exchanging data with other companies and organizations for fraud protection purposes and credit risk reduction. With third parties, such as Facebook, to serve Ismokay ads on these third-party platforms to the extent that you have consented to these practices under applicable law.  

12. DATA RETENTION

The retention periods applied by Ismokay comply with the applicable legislation in force on the date of this document, and are presented depending on the type of data collected, detailed below: Information related to your account: This data will be retained until you request deletion of your account. Transactional information related to your purchases: This data is retained throughout the contractual relationship period, in accordance with legal obligations and the applicable limitation period. Please note that this data does not include payment card information processed by our third-party payment processors, and not Ismokay. For data collected based on your consent to receive our marketing communications: we will use this data until you request us to delete your information from our base, through a link that will be presented in all of our marketing communications that are directed to you, or because there is applicable law that requires that such data not be used anymore. When your data is collected in the context of requests/queries: This data is retained for the period required to process and respond to those requests or queries. When cookies or other trackers are placed on your terminal, they are kept for a period of 6 months. Learn more by checking our Cookies policy. Other data will be retained for as long as necessary for the purposes pursued and in accordance with our legal obligations, including the applicable statute of limitations.  

13. WITHDRAWAL OF CONSENT FOR PROCESSING ACTIVITIES

To the extent that you have provided appropriate consent, in accordance with applicable law, to certain processing activities, such consent may be withdrawn at any time by sending an email to help@ismokay.com.  

14. LINKS TO THIRD-PARTY WEBSITES

The services provided by Ismokay may eventually contain links to or from products and services of our partner, advertiser and affiliate networks. If you follow a link to any of these external sites, please be aware that they have their own privacy policies and that we do not accept any responsibility for those sites or their policies. Always check the privacy policies before submitting any personal data to external websites.

15. SOCIAL MEDIA WIDGETS

Some of our products may include social media features, such as the Facebook like button, and widgets such as the “Share this” button or interactive programs. These features may collect your Internet protocol address, on which page you are visiting, and may set a cookie to allow the feature to function correctly. These features are hosted by third parties or, eventually, on our Products. Your interactions with these features refer to the privacy policy of the company that provides them. Always check the policies of these companies.  

16. USE OF ISMOKAY BY MINORS

You must be at least 18 years old to register as a registered user of the Products, or else, the age of majority in your province, territory or country, if you are over 18 years old. Individuals under the age of 18 are not recommended to use our Products and, if they do, ​​that it is only with the involvement and consent of their parents or legal guardians, under that person’s account.  

17. DATA PRESENTED IN THE FORUMS

Ismokay users are empowered to post content on one or more Ismokay forum/Blog. All of these users can request and obtain the removal of published content by contacting Ismokay at help@ismokay.com. It is important to note that point-in-time removal of content does not guarantee the complete or comprehensive removal of all crawls from posted content.  

18. CHANGES TO OUR PRIVACY POLICY

We may update this Privacy Policy to reflect changes in our data practices at any time. If we make material changes, we will send you a notification by message on the product, email or notice on the Products prior to the effect action of the change. We recommend that you periodically review our policies for the latest information about our privacy practices.  

19. CUSTOMER SUPPORT

Questions, comments and requests related to this privacy policy are welcome and should be forwarded to help@Ismokay.com. If you prefer, you can contact Ismokay customer support at +55 35999753431.  

ADENDO CCPA

The California Consumer Privacy Act (“CCPA”) for California residents supplements the information contained in the Privacy Policy above and applies only to all visitors, users, and other persons residing in the State of California. We have adopted this CCPA Addendum to comply with the CCPA, and any ​​terms set forth in the CCPA have the same meaning when used here.  

1. INFORMATION WE MAY COLLECT FROM YOU

Our Products collect information that identifies, relates to, describes, references, may be associated with, or could reasonably be linked, directly or indirectly, to a specific consumer or device (“personal information”). In particular, the Products have collected the following categories of personal information from consumers in the last 12 (twelve) months:   CATEGORY EXAMPLES COLLECTED

1. Identifiers. First and last name, email address, Internet Protocol address, online identifiers.
2. Categories of personal information listed in the California Customer Records statute (Cal Civil Code § 1798.80 (e)). First and last name.
3. Internet or other similar network activity. Browsing history or information about a consumer’s interaction with products or our ads on third-party platforms.

The specific types of personal information we collect are described in more detail in section 1 of the Privacy Policy. Personal information does not include: (1) unidentified or aggregated consumer information; (2) publicly available information in government records; or (3) information excluded from the scope of the CCPA. We obtain the categories of personal information listed above in the following categories of sources: Straight from you. For example, in the forms you fill out when you register for the Products. Indirectly from you. For example, looking at your actions in our products.  

2. USE OF PERSONAL INFORMATION

We may use or disclose the personal information we collect for the purposes described in section 9 of the Privacy Policy.

3. SHARING PERSONAL INFORMATION

We may disclose your personal information to third parties for commercial purposes. When we disclose personal information for commercial purposes, we enter into a contract that describes the purpose and requires the recipient to keep that personal information confidential and not to use it for any purpose except the performance of the contract. In the preceding twelve (12) months, we disclose the following categories of personal information for commercial purposes: Category 1: Identifiers Category 2: Personal information Category 3: Internet activity Specific examples of these sharing activities can be found in sections 6 and 11 of the Privacy Policy.  

4. YOUR RIGHTS AND CHOICES

4.1 – Access to specific information and data portability rights

The CCPA provides consumers (California residents) with specific rights over their personal information. This section describes your CCPA rights and explains how to exercise them. You have the right to request the disclosure of certain information about our collection and use of your personal information in the last 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: The categories of personal information we collect about you. The categories of sources for the personal information we collect about you. Our commercial or commercial purpose to collect this personal information. The categories of third parties with whom we share this personal information. The categories of personal information we share with third parties. The specific information we collect about you (also called portability request data).  

4.2 – Exclusion request rights

You have the right to request that we delete any of your personal information that we collect and maintain, subject to certain exceptions. After we receive and confirm your verifiable consumer request, we will give permanent and irrevocably anonymous character to your personal information unless an exception applies. We may deny your deletion request if it is necessary to retain the information to us or our service providers: Complete the transaction for which we collect personal information, provide a good or service requested by you, take reasonably anticipated actions in the context of our ongoing business relationship with you, or execute our contract with you. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, ​​or prosecute those responsible for those activities. Debug products to identify and repair errors that impair existing desired functionality. Exercise freedom of expression, guarantee the right of another consumer to exercise restrict ing his rights of freedom of expression or exercise another right provided for by law. Comply with the California Electronic Communications Privacy Act (Cal Penal Code § 1546 et al.). Allow only internal uses that are reasonably aligned with consumer expectations based on your relationship with us. Comply with a legal obligation. Make other internal and legal uses of this information that are compatible with the context in which you provided it. Exercise of access, data portability and exclusion rights To exercise the rights of access, data portability and deletion described above, please send us a verifiable consumer request: Email help@ismokay.com, or call +55 35999753431 Only you or someone legally authorized to act on your behalf may make a verifiable consumer request related to your personal information. You can only make a verifiable consumer request for data access or portability twice within a 12-month period. The consumer’s verifiable request must: Provide sufficient information to reasonably verify that you are the person we collect personal information from or an authorized representative. Describe your request in sufficient detail to allow us to understand, evaluate, and respond appropriately to it. We cannot respond to your request or provide personal information if we cannot verify your identity or authority to make the request and confirm that personal information is related to you. We will use only the personal information provided in a verifiable consumer request to verify the identity or authority of the requester to make the request. We also provide an easy-to-view snapshot of your personal information that we process through the “My Data” tab on the Products.  

4.3 – Response time and format

Upon receiving an access, portability or deletion request, we will confirm receipt of the request within 10 days and provide information about our verification process and how we will process the request. We strive to respond to a verifiable consumer request within forty-five (45) days of receipt. If we require more time, we will inform you of the reason and extension period in writing. We will send our written response to the email address associated with the account holders’ account and the email address provided with sending the request to non-account holders. Any disclosures we provide will only cover the 12-month period prior to receipt of the verifiable consumer request. The response we provide also explains why we cannot fulfill a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily readable and usable. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request justifies a fee, we will inform you of the reason for the decision and provide a cost estimate before completing your request.  

5. Deactivation of Cookie-Based Marketing

Like most companies, we partner with third parties, such as Facebook and Google, to manage our Ismokay marketing on other platforms, where this advertising is based on your previous visits to our products. These third-party partners may use technologies, such as cookies, to collect information about your activities on the Products to provide such advertising to you when you visit their platforms. For example, if you visit www.ismokay.com, a cookie may be attached to your browser in the form of a Facebook pixel that allows Ismokay to provide advertising to you on the Facebook platform. You can opt out of the cookie-based redirect mentioned above by visiting Ismokay’s Cookie Policy and clicking “disable marketing/analytics cookies” at the bottom of the page. This will erase all current marketing cookies and disable the placement of future marketing cookies. We do NOT use cookies so that third parties can provide you with advertisements about their own products or services. We DO NOT sell or rent your personal information to third parties for advertising or marketing purposes.

6. Non-discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: Deny goods or services. Charge different prices or fees for goods or services, including granting discounts or other benefits or imposing fines. Provide a different level or quality of goods or services. Suggest that you may receive a different price or fee for goods or services or a different level or quality of goods or services. However, we may offer certain financial incentives permitted by the CCPA that may result in different prices, fees or quality levels. Any financial incentive allowed by the CCPA we offer will reasonably be related to the value of your personal information and will contain written terms describing the material of the program aspects. Participation in a financial incentive program requires your prior consent, which you can revoke at any time.

7. Changes in our Adhering to the CCPA

We reserve the right to change this CCPA Membership at our discretion at any time. When we make changes to this CCPA Membership, we will post the updated notice on the website and update the effective date. Your continued use of our products after the posting of the changes constitutes your acceptance of such changes.

8. Contact information

If you have any questions or comments about this CCPA Addendr, the ways in which we collect and use your information described above and the Privacy Policy, your choices and rights in connection with such use, or wish to exercise your rights under California law, please feel free to contact us by email: help@ismokay.com Phone: +55 35999753431