Last updated: August 13, 2024

Aetrex, Inc. (“Aetrex,” “we,” “us,” or “our”) is a global leader in 3D foot-scanning technology, orthotics, and comfort and wellness footwear. Our goal is to provide customers with the best fitting footwear available through our foot-scanners, orthotic and footwear collections, our websites, our mobile apps, and other products and services that may be connected to this Privacy Policy (“Policy”).

When you use our services, you will be sharing some information about yourself to help us find you the perfect fit. At Aetrex, we want you to know how we collect, use, share, and protect information about you. Please read this Policy carefully. It is your choice whether or not to provide personal information to us. If you choose to do so, you are giving us your express consent to use, process, and disclose your personal information as set forth in this Policy. If you choose not to provide your personal information to us, you may not be able to use our services.

We respect the privacy of our customers and users and have developed this Policy to demonstrate our commitment to protecting your privacy.

I. SCOPE OF THIS POLICY

This Policy is intended to describe our practices with respect to the collection, use, and maintenance of personal information relating to users of our Websites (identified below), and our mobile applications that integrate foot-scanning processes and/or other services Aetrex offers (collectively, the “Apps”).

For additional information about the data collected from Aetrex foot scanning devices operated by Aetrex, or by third-party retailers, please see below.

For the purposes of this Policy, the term “Websites” shall refer collectively to the websites that we operate and that link to this Policy, including::

www.aetrex.com

www.myfeet.com

www.aetrextechnology.com

www.aetrexacademy.com

www.foot.com

www.aetrexb2b.com

In this Policy, personal information means information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier. Personal information does not include aggregate information or de-identified information, meaning that the information can no longer be attributed to an identifiable natural person without the use of additional information.

Personal information is required for us to be able to provide services to you. In addition, some of the services we provide require that we disclose your personal information to third-parties, such as to companies that help us to provide those services. If you are not willing to provide your personal information and have it disclosed to third-parties in accordance with this Policy, you will not be able to use our services..

We may use various technologies to automatically collect information from your computer or device and about your activities on our Websites and Apps. The technologies we use for automatic information collection may include:

• Meta Pixel. We use the Meta pixel, which is an analytics tool that allows us to measure the effectiveness of our advertising by understanding the actions people take on the Website. We have a pixel code on the header of the Website. When someone visits the Website and takes an action (like completing a form), the pixel is triggered and reports this action. By accepting this Policy, you consent to the processing of your data by Meta.
• Google Analytics. We may use Google Analytics provided by Google Inc. Google Analytics uses cookies to collect the information identified above, for example, information about the operating system and the browser that you use, your IP address, the website you previously accessed (referrer URL) and the date and time of your visit to the Website. On subsequent repeated visits to the Website, frequently used information is automatically displayed for you. We are able to track your usage patterns with the help of the cookies. The information generated by cookies about the use of the Website is transmitted to a Google server, which may be located within or outside of, the United States, and stored there. Google will use this information to evaluate your use of the Websites and Services. Google may transfer these rights to third parties insofar as it is required to do so by law or in order that data may be processed on Google’s behalf. By accepting this policy, you consent to the processing of your data by Google. You can learn about how Google Analytics collects and processes data here.
• Session Replay Tools. We may use session replay tools provided by third parties that record your session on the Websites and Services, including mouse and cursor movements, clicks, scrolling, and the information you may enter into forms or otherwise submit to us via the Websites and Services. We use these tools to analyze and improve the user experience. By using our Websites and Services, you consent to the collection, sharing, and processing of this information by and with our third party session replay service providers.
• Cookies. When you visit our Websites and Apps, we may assign your device one or more cookies to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies please note that you may not be able to sign in or use some of the interactive features offered on our Websites and Apps. A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising. You may delete or decline cookies by changing your browser settings (click “Help” in the toolbar of most browsers for instructions). If you do so, some of the features and services of our Websites and Apps may not function properly.

III. PERSONAL INFORMATION WE COLLECT

We collect personal information to operate effectively and provide you with the best experiences with our services. You provide some of this information directly, such as when you create an account, make a purchase, or contact us for support. We get some of your information, such as your IP address, by recording how you interact with our services. We may also get information about you from our business partners or other third -parties.

We may receive and collect certain personal information automatically, as outlined elsewhere in this Policy, and including analytics regarding our Websites and Apps, information your Internet browser automatically sends when you visit our Websites and Apps, and information collected by cookies. We may collect personal information that can identify you such as your name and email address, and other information that does not identify you.

Categories of Personal Information That We May Collect May Include The Following:

• Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and account name.
• Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, physical characteristics or description, address, and telephone number.
• Characteristics of protected classifications under California or federal law, including gender.
• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement.
• Geolocation data.
• Electronic and visual information.
• Professional or employment-related information, for our Pro Program.
• Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act, for our Pro Program.
• Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Sensitive personal information. “Sensitive personal information” means: (1) Personal information that reveals: (A) A consumer’s social security, driver’s license, state identification card, or passport number. (B) A consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account. (C) A consumer’s precise geolocation. (D) A consumer’s racial or ethnic origin, citizenship or immigration status, religious or philosophical beliefs, or union membership. (E) The contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication. (F) A consumer’s genetic data. (2) (A) The processing of biometric information for the purpose of uniquely identifying a consumer. (B) Personal information collected and analyzed concerning a consumer’s health. (C) Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.

A. INFORMATION PROVIDED BY YOU

We ask for and may collect personal information about you such as your name, address, e-mail address, birth date, and telephone number, and, if you make purchases from us, financial information such as your payment methods (credit card numbers or other financial information). We also may request information about your interests and activities, your gender and age, and other demographic information.

The most common of these circumstances where you would provide personal information include the following:

• MAKING A PURCHASE When you place an order online for one of our products, you may need to submit personal information to us.
• CREATING AN ACCOUNT OR JOINING AN AETREX PROGRAM In order to use certain Apps and features of our Websites, or to make purchases, you may be required to create a password-protected user account and provide us with personal information. Similarly, when you enroll in an Aetrex member program or other promotion, you may be asked to submit personal information as part of your member profile. We will store and use this information to administer the programs and services in which you choose to participate, and as permitted by this Policy.
• USING OUR WEBSITES AND APPS Our Websites and Apps may provide you with the ability to enter (either directly, or by authorizing us to access the information from a third-party such as a social networking site or application) certain information such as your contacts, photos, or images you may submit to us to help us locate products for you.
• CONTACTING CUSTOMER SERVICE When you contact our customer service, we may ask you to provide, or confirm, personal information so that we can better serve you.
• ENTERING A SWEEPSTAKES OR CONTEST If you enter a sweepstakes or contest we offer, we may ask you to provide personal information so that we can consider your entry and, if you win, so that you may redeem your prize.
• INTERACTING WITH SOCIAL NETWORKING SITES Our Websites and/or Apps may provide you with the ability to enter (directly, or by authorizing us to download the information from a third-party such as a social networking site or application) personal information such as contacts or lists of friends. These or related applications may also allow you to provide information directly to social networking sites including information about your purchases, physical location, or comments. If you sign up to receive promotional communications or notifications from us, we may ask you to provide personal information so that we can provide these to you.

B. INFORMATION THAT WE COLLECT FROM YOU ON OUR WEBSITES, APPS, AND FOOT SCANNERS

We also may use various technologies to collect information from your computer or device and about your activities on our Websites or Apps, or if you have your feet scanned.

• INFORMATION COLLECTED AUTOMATICALLY We may automatically collect information from you when you visit our Websites and Apps. This information may include your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us, referring or exit websites address, internet service provider, date/time stamp, operating system, locale and language preferences, and system configuration information. For more information about the tools we use to automatically collect information, please see the Cookie Notice section above.

• SOCIAL MEDIA We may provide you the ability to sign into an Aetrex Websites or App using a social media account such as a Facebook, Twitter, Instagram, Snapchat, or Google account, or use your social media accounts to share information from our Websites or Apps. In these cases, as well as when you use an Aetrex App on a social media site or choose to join (or "like") an Aetrex page on a social media site, the social media site may provide us with certain information about you, including but not limited to your contacts and other "likes". In addition, we may share your information, including personal information, with third-party vendors to facilitate your choice to sign into an Aetrex Websites or App using a social media account. Please see the privacy policy for the applicable social media site to learn more about how these sites share your personal information.


• OTHER TECHNOLOGIES & CONSENT TO COLLECT TECHNICAL DATA We may use Internet technology, such as web beacons, session replay software, and other similar technologies, to collect and analyze technical data and track your use of and activities on our Websites and Apps., and/or which relate to the provision, use and performance of the Websites, Apps, and related systems.

We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. This technical data may include your Internet protocol (IP) address, the company name from which you are browsing our Websites, your browser type and version, time zone setting, operating system and platform, and information about your visit to the Websites including the full Uniform Resource Locators (URL), clickstream to, through and from our Websites, including the date and time, page response times, technical errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the Websites.

The information we obtain in this manner enables us to customize the services we offer to users of our Websites and Apps to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities. Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies, which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence. Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website. By visiting and using the Websites and/or Apps, you hereby consent to and agree to the collection of this data by Aetrex and that Aetrex will be free (during and after the term hereof) to (i) use such data to improve and enhance the Websites and/or Apps and for other development, diagnostic, and corrective purposes in connection with the Websites and/or Apps and other Websites and/or App offerings; (ii) disclose such data in aggregated or de-identified form in connection with its business; (iii) targeted marketing and advertising; and (iv) otherwise use and disclose such data as set forth in our Privacy Policy.

C. INFORMATION WE COLLECT FROM FOOT SCANS

In addition to other data collected that is mentioned in this Policy, if you have your feet scanned by Aetrex or an independent retailer who is using Aetrex scanners, Apps, or other Aetrex services, you will be provided with a comprehensive 3D foot scan of your feet if you so request. If you provided an email address, your 3D foot scan results will even be sent to you directly. During the 3D foot scan process, certain information is gathered to provide you with a complete 3D foot analysis. Such information may include images, videos, and/or photographs of your feet, data related to foot measurements (e.g., length, width, arch type, pressure), and other characteristics of your feet. In addition, in order to help with footwear and orthotic recommendations, information may be gathered relating to your preferences, purchases and desired styles to help you in making future choices.

D. INFORMATION COLLECTED FROM OTHER SOURCES

We also may obtain information about you from advertising companies, ad networks business partners, contractors and other third-parties and add it to our account information or other information we have collected. Examples of such information that we may receive include: updated delivery and address information, purchase history, and additional demographic information. We may combine this information with information we collect through our Websites and Apps or from other sources.

IV. HOW WE USE PERSONAL INFORMATION

We use the personal information we collect for a variety of purposes. The legal basis for our processing of personal information will depend on the specific context in which we collect it. We will retain personal information for as long as it is needed and in accordance with applicable law.

A. GENERAL USES

We may use information that we collect about you to:

• deliver the products and services that you have requested;
• manage your account and provide you with customer support;
• perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others, including analytics and shopping improvement;
• communicate with you by e-mail, direct messaging, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third-parties;
• develop and display content and advertising tailored to your interests on our Websites and/or Apps and other websites and/or apps;
• verify your eligibility and deliver prizes in connection with promotions, contests and sweepstakes;
• enforce our terms and conditions;
• manage our business and perform functions as otherwise described to you at the time of collection;
• for legal compliance purposes;
• to process payment for any purchases or sales made on our Websites and/or Apps, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business; and/or
• to use the information, you provided to occasionally notify you about special sales or services and other valuable updates to personalize your shopping transactions (if you prefer that we not contact you in this manner please follow the Opt-Out instructions elsewhere in this Policy).

B. BASIS FOR PROCESSING -- GDPR

If the General Data Protection Regulation (GDPR) is applicable, our legal basis for processing your personal information will depend on the personal information concerned and the specific context in which we collect it.

When we have collected your personal data to provide you with products and services that you have requested, our legal basis for the processing of that personal data is that it is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract. If you refuse to provide us with your personal data, you may be unable to obtain the products and services from us that you requested.

We also may use your personal data that you provided to our business partners (shoe retailers) to occasionally notify you about special sales or services. At the time you provided your personal data to the footwear retailer, you gave your consent for us to use your personal data in this manner. This notification also is intended to provide you with a record of your agreement. If you would like to withdraw your consent for us to use your personal data in this manner, please contact us using the contact information provided below.

We also collect and process personal information about you as necessary to operate our business, meet our contractual and legal obligations, and/or fulfill our other legitimate interests (when not overridden by your data protection interests or fundamental rights and freedoms).

If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided below.

V. HOW LONG WE RETAIN YOUR PERSONAL INFORMATION

We will retain your personal information for as long as is needed to fulfill the purposes set forth in this Policy, unless a longer retention period is required or permitted by applicable law (such as tax, accounting, or other legal requirements). For personal information that we process on behalf of a business partner (such as a footwear retailer), we will retain such personal information in accordance with the terms of our agreement with them, subject to applicable law.

VI. DISCLOSURE OF PERSONAL INFORMATION

We disclose your personal information as necessary to provide the services you request, including disclosing information to third-party service providers; when required by applicable law; to protect rights and safety, and with your consent.

We may disclose personal information to:

• AUTHORIZED SERVICE PROVIDERS We may disclose your personal information to our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our Websites and/or Apps functionality, and supporting contests, promotions, sweepstakes, surveys and other features offered through our Websites and/or Apps. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
• BUSINESS PARTNERSWhen you make purchases or engage in promotions offered through our Websites and/or Apps, we may disclose personal information to the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
• THIRD-PARTY ADVERTISERS ON OUR WEBSITES AND APPS We may allow third-parties, advertising companies, and ad networks, to display advertisements on our Websites and Apps. These companies also may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. They may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they deliver, and possibly associate this information with your subsequent visits to the advertised websites. They also may combine this information with other personal information they collect from you or from other third-parties.
• CUSTOMIZED AUDIENCES AND SIMILAR PROGRAMSWe may partner with Meta/Facebook, Google and other social media and marketing partners to deliver advertisements to our users via the Facebook Custom Audiences program, Google Customer Match or other similar third-party programs. In order to identify and reach our users on Meta/Facebook, Google or other third-party services, we may share certain of your information, including your name, email address, and phone number, with Facebook, Google, or other similar third -party partners for the following purposes:.
1. Offering promotions on our products to existing customers: To provide you with personalized offers and promotions that are tailored to your interests and preferences.
2. Finding new customers: To identify potential new customers who may be interested in our products and services.
3. Improving the experience for existing and new customers: By analyzing customer information, Meta can help us optimize our marketing strategies, enhance customer engagement, and provide a better overall experience for both existing and new customers.
• OTHER SITUATIONS

  We also may disclose your information:

  In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

  When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; to enforce our Websites and/or Apps terms and conditions; other agreements or policies; in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy; or when you provide us with your consent to share your information with third-parties.

VII. THIRD-PARTY PRIVACY POLICIES

Any third-parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third-parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third-parties. Those entities or their servers may be located either inside or outside the United States. For more information please contact Aetrex.

Furthermore, our Websites and Apps may contain links to other websites that do not operate under this Policy. These third-party websites may independently solicit and collect personal information from you and, in some instances, provide us with information about your activities on those websites. We encourage you to review the privacy statements of all third-party websites you visit to understand their information practices.

While we strongly support the protection of privacy on the Internet, we do not have control over, and cannot be responsible for, the actions of other third-parties. We encourage you to review each such third-party’s privacy statement and otherwise understand its privacy practices before providing personal information to it.

VIII. AGGREGATED, DE-IDENTIFIED, AND/OR NON-PERSONAL INFORMATION

We may share aggregated, de-identified, and non-personal information we collect under any of the circumstances set forth in this Policy. We may also share it with third-parties to develop and deliver targeted advertising on our Websites and/or Apps and on websites and apps of third-parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third-parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Websites and/or Apps and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

IX. TRANSFER OF INFORMATION (GDPR)

Your personal information may be transferred to, stored, and processed within the United States. Additionally, we may transfer your personal information to other countries in certain circumstances, for example because a server or third-party service provider is located there. BY PROVIDING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO ANY TRANSFER, STORAGE, AND PROCESSING IN ACCORDANCE WITH THIS POLICY.

There are potential risks to you associated with transferring your information to the United States due to the absence of an adequacy decision and appropriate safeguards. These risks include the risk that you will not be able to exercise your data protection rights under applicable law to protect yourself from unlawful use or disclosure of your information. The data protection and privacy laws of other countries, including the United States, may not afford you the same level of protection as those in your own country.

IF YOU ARE FROM THE EUROPEAN UNION, UNITED KINGDOM, OR OTHER REGIONS WITH LAWS GOVERNING DATA COLLECTION AND USE AND YOU PROVIDE US WITH YOUR PERSONAL INFORMATION, YOU ARE AGREEING TO THE TRANSFER OF YOUR PERSONAL INFORMATION TO THE UNITED STATES AND POSSIBLY OTHER JURISDICTIONS.

X. YOUR PRIVACY RIGHTS

A. HOW YOU CAN ACCESS YOUR INFORMATION

If you have an online account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.

You may request to have all of your personal information collected by us removed from our database by submitting a request to our contact information set forth at the end of this Policy, identifying the subject as "Privacy". We will remove such information as soon as practicable for us, in accordance with applicable law, however, we may still retain certain information associated with your account for analytical purposes and record keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Websites and/or Apps or our users, or take other actions otherwise permitted by applicable law. In addition, if certain information has already been provided to third-parties as described in this Policy, retention of that information will be subject to those third-parties' policies.

B. YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION

You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our websites because such information may be required in order for you to register as a member; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Websites and/or Apps.

C. OPT-OUT

At any time, you can choose to no longer receive commercial or promotional emails or newsletters from us by modifying your email preferences by selecting the "Opt-Out" link found in the footer of the communication or on our Websites and/or Apps and following the instructions or contacting us. When you register on our Websites and/or Apps, you will be given a choice as to whether you want to receive e-mail messages about special offers and deals related to your interest. You may modify your choice at any time by using the "Opt-Out" link as described above.

You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to thirty (30) days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third-party before you have changed your preferences or updated your information, you may have to change you preferences directly with that third-party.

Even if you opt-out of receiving promotional communications, you may continue to receive emails and notifications relating to order confirmations, back-order notifications, membership information, and/or other business-related communications.

D. Global Privacy Control

Some browsers and browser extensions support the Global Privacy Control (“GPC”) that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data "sales" as defined under certain laws. In certain territories, when we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting as required by applicable law.

E. Notice of Right to Opt-Out of Sharing

If you are a California resident, you have the right to opt-out of the sharing of your personal information for purposes of cross-context behavioral advertising. To submit an opt-out request, please send an email to dataprivacy@aetrex.com or call this toll-free number: 1-800-526-2739 Ext: 338.

F. CALIFORNIA PRIVACY RIGHTS (CCPA)

If you are a California resident, California law grants you certain rights as set forth below:

• Do Not Sell: California residents have the right to request that we not “sell” their personal information. As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that we may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.
• Limit the Use of Sensitive Personal Information: California residents have the right in certain instances to request that we limit the use and sharing of their sensitive personal information. California law defines “sensitive personal information” to include, among other things, your: social security, driver’s license, state identification card, or passport numbers; account log-in, financial account, debit card, or credit card numbers in combination with any required security or access code, password, or credentials allowing access to an account; racial or ethnic origin, religious or philosophical beliefs, or union membership; genetic data; and biometric information (including physiological, biological, or behavioral characteristics).
• Initial Notice: We are required to notify California residents (if we control the collection of your personal information), at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.
• Request to Delete: California residents have the right to request deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies. We will respond to verifiable requests received from California residents as required by law. The instructions for submitting a verifiable Request to Delete are described below.
• Request to Know: California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected, used, disclosed and sold about them and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information, including the:
  • categories of personal information collected;
  • categories of sources of personal information;
  • business and/or commercial purposes for collecting and selling their personal information;
  • categories of third parties with whom we have shared their personal information;
  • categories of personal information that we have sold, and for each category identified, the categories of third parties to which we sold that particular category of information; and
  • categories of personal information disclosed for a business, and for each category identified, the categories of third parties to which we disclosed that particular category of personal information.
  California residents may make a Request to Know up to twice every 12 months. We will respond to verifiable requests received from California residents as required by law. The instructions for submitting a verifiable Request to Know are described below.
• Request to Correct: California residents have the right to request that we correct inaccurate personal information that we maintain.
• Right to Non-Discrimination: California law prohibits discrimination against California residents for exercising their privacy rights.
• Financial Incentives: A business may offer financial incentives for the collection, sale, or deletion of California residents’ personal information, where the incentive is not unjust, unreasonable, coercive or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. California residents have the right to be notified of any financial incentives offers and their material terms, the right to opt-out of such incentives at any time and may not be included in such incentives without their prior informed opt-in consent. We do not offer any such incentives at this time.

Please note that we may share, sell, or may have sold the categories of personal information listed above. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

If you are a California resident and would like to make such a request, please click the “Do Not Sell or Share My Personal Information” button at the bottom of this webpage or email or telephone us: dataprivacy@aetrex.com and insert "California Privacy Rights Request" in the subject line or call this toll-free number: 1-800-526-2739 Ext: 338. Please allow forty-five (45) days for a response.

We will use the following process to verify Requests to Know and Requests to Delete: We will acknowledge receipt of your Consumer Request, verify it using processes required by law, then process and respond to your request as required by law. To verify such requests, we may ask you to provide the following information:

• For a Request to Know categories of personal information which we collect, we will verify your identity to a reasonable degree of certainty by matching at least two data points provided by you against information in our systems which are considered reasonably reliable for the purposes of verifying a consumer’s identity.
• For a Request to Know specific pieces of personal information or for Requests to Delete, we will verify your identity to a high degree of certainty by matching at least three pieces of personal information provided by you to personal information maintained in our systems and also by obtaining a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request.

An authorized agent can make a request on a California residents’ behalf by providing a power of attorney valid under California law, or providing: (1) proof that the consumer authorized the agent to do so; (2) verification of their own identity with respect to a Right to Know categories, Right to Know specific pieces of personal information, or Requests to Delete which are outlined above; and (3) direct confirmation that the consumer provided the authorized agent permission to submit the request.

We will respond to verifiable requests received from California residents as required by law.

G. OTHER PRIVACY LAWS AND RIGHTS

If you are a resident of a locale with an applicable data and privacy protection law which is not specifically referenced herein and wish to exercise a right thereunder regarding your personal information, submit any request to dataprivacy@aetrex.com or call this toll-free number: 1-800-526-2739 Ext: 338. Please allow forty-five (45) days for a response.

Your rights may include the following:

• the right to confirm whether we are processing your personal information and to access the personal information;
• the right to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of your personal information;
• the right to delete personal information provided by, or obtained about, you;
• if the personal information is available in a digital format, the right to obtain a copy of your personal information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another controller without hindrance;
• the right to opt-out of the processing of your personal information for purposes of:
  • targeted advertising;
  • the sale of personal information; and
  • profiling in furtherance of a decision that produces a legal or similarly significant effect concerning you; or
• the right to opt-in or opt-out of the processing of your sensitive personal information, including health data.

H. GDPR PRIVACY RIGHTS

If you are an individual located in the EU or UK, you may have additional rights available to you under applicable laws, including:

• You have the right to request access to your personal data, and the rectification of inaccurate personal data concerning you.
• You have the right to obtain the deletion or the restriction of processing of your personal data in certain circumstances, including when the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, except when we are required by applicable law to maintain or otherwise process your personal data, for the establishment, exercise, or defense of legal claims, or for the protection of the rights or another person.
• You may have the right to request that we stop processing your personal information and/or to stop sending you marketing communications.
• In certain circumstances, you may have the right to be provided with your personal information in a structured, machine readable and commonly used format and to request that we transfer the personal information to another data controller without hindrance.
• Where our processing of your personal information is based on your consent, you have the right to withdraw your consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.
• You also have the right to lodge a complaint with a supervisory authority, in particular in the country of your habitual residence, place of work, or place of an alleged infringement of the applicable data protection law.

You may exercise these rights by contacting us using the contact information provided below. To protect your privacy and security, we may take steps to verify your identity before taking action on your request.

XI. INFORMATION ACQUIRED THROUGH FOOT SCANNING DEVICES

Aetrex’s services may be offered by Aetrex directly or through our retail partners who are owned and operated independently. Aetrex provides and assists with the operation of foot scanning devices in a number of retail settings. Such devices may collect personal information from users and provide that personal information to the retailer who is operating the device.

Retailers who utilize Aetrex foot scanning devices and who provided services to you may process personal information collected via those devices for their own business purposes and to provide products and services to you as well as promotional marketing materials. Those retailers may rely on their own privacy policies. For more information on how any retailer processes and uses your personal information from foot scanning devices (including any marketing and sharing or transfer of such information by the retailer), please see that retailer’s privacy policy or contact that retailer directly. To exercise any of your privacy rights with regard to personal information processed by a retailer who utilizes Aetrex foot scanning devices, please contact that retailer using the methods specified in the retailer’s privacy policy.

Before using for its own purposes any information collected via these devices from third-party retailers, Aetrex de-identifies the information in accordance with applicable laws and regulations. Accordingly, such information is outside the scope of the other sections of this Policy. Any personal information collected via foot scanning devices directly operated by Aetrex is subject to the scope and terms and conditions of this Policy.

XII. CHILDREN’S PERSONAL INFORMATION

We do not knowingly collect personal information from children under the age of 18. If you are under the age of 18, please do not submit any personal information through our Websites, Apps, or services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy.

XIII. SECURITY

The security of your personal information is important to us. While we are focused on the security of your personal information, you must remember that the Internet is a global communications vehicle open to threats, viruses and intrusions from others and so we cannot promise, and you should not expect, that we will be able to protect your personal information at all times and in all circumstances.

Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov for information about how to protect yourself against identity theft.

XIV. NO RIGHTS OF THIRD-PARTIES

This Policy does not create rights enforceable by third-parties.

XV. CHANGES TO THIS POLICY

We will occasionally update this Policy to reflect material changes in our privacy practices. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the modified Policy on our Websites and/or Apps and indicating below the date it was last updated. We may also notify you by sending you an e-mail. We encourage you to review the Policy each time you visit one of our Websites and/or Apps, to see if this Policy has been updated since your last visit to make sure you understand how your personal information will be processed.

XVI. Contact Us

If you have any questions about this Policy or our privacy practices, please contact us by e-mail or postal mail as follows:

Aetrex, Inc

Attn: Data Protection Officer

414 Alfred Avenue

Teaneck, NJ 07666 USA

dataprivacy@aetrex.com

Tel: 201-833-2700