Typhur Privacy Statement

Effective Date: May 14, 2024

"At Typhur Inc. (“Typhur,” “we,” or “us”), your privacy is of paramount importance to us. Our goal is to be transparent about the data we collect, how it is utilized, and the circumstances under which it is disclosed. This Privacy Statement is designed to help you understand these aspects in relation to your interaction with our connected smart kitchen appliances (“Connected Products”), our websites and subdomains (“Sites”), and our mobile applications (“Apps”) (collectively, our “Services”). Please note, however, that this Statement does not apply to the data collection practices related to job applicants or current employees of Company Inc."

Electronic Communications

You consent to receive electronic messaging (such as email, text messaging, etc.) or other wireless multimedia messaging services (“MMS”) or short message services (“SMS”) communications from Typhur so that we can perform our services or to inform you of news, events and other information relevant to us (“Mobile Services”). Messages and data rates may apply for any SMS, MMS, and other electronic communication. For example, you may be charged a fee by your wireless carrier to send and receive messages based on the terms of your wireless device service plan. We are not responsible for any wireless, e-mail, or text messaging charges incurred by you or by a person who has access to your wireless device, telephone number, or email address. Check with your wireless device service provider if you have questions about your service plan.

Phone numbers collected with SMS consent will not be sold, rented, or shared with third parties or affliates for marketing purposes under any circumstances.

To opt out of marketing emails or Mobile Services at any time. To opt out of Mobile Services, reply STOP to the message you receive or text the single keyword command STOP to +18889050816. To opt out of email communications, please click the unsubscribe link (where available) in any text message to cancel.

1. Information We Collect and How We Collect It

In the course of providing our Services, which include the Sites, Connected Products, and Apps, we gather various categories of personal data from our users. Within the context of this Privacy Statement, 'personal data' is defined as any information that can be linked directly or indirectly to an identified individual or one who is reasonably identifiable. This definition is in alignment with the terminologies and provisions provided by applicable laws.

Information You Provide

• Contact information, such as your name, email address, mailing address, shipping address, and telephone number.
• Account details, such as username, password, purchase history, and user preferences. You may have the option of using your account with certain third-party platforms (such as Facebook, Google, or Apple) to log into the Services. If you choose this option, we may receive personal data from the platform such as your email address, unique identifier, and username.
• Payment details, such as payment card number or other payment methods.
• Communication Records, such as emails, chat logs or call recordings from interactions with customer online questions, product feedback, product reviews, surveys, or feedback forms.
• Profile photo, if you choose to provide one.
• Demographic characteristics, such as interests, age range, and gender.

Information Collected Automatically

• Cookies and tracking technologies, such as first and third-party cookies, web beacons, pixels, tags, or other tracking technologies that provide us with your IP address, the date and time you access our Services, the pages you have accessed while visiting the Sites, and the Internet address from which you accessed the Sites. Some cookies exist only during a single session, and some are persistent over multiple sessions over time.
• Information about your use of our Services, such as Internet connection type and service provider, IP address, browser language, the state or country from which you accessed the Services, software and hardware attributes (including device IDs, operating system, and browser type), referring and exit URLs, the links you click and files you download, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches, the date and time you accessed our Services or opened our emails, SSID, wireless connection quality/signal strength, error logs, unique identifiers associated with the computer, tablet, or mobile device, and its device operating system and browser type, and other similar information.
• Connected Product information, such as model and serial number, temperature unit, weight unit, and length unit, recipe preset configurations, other usage data, cooking history, and associated performance data.
• Recipe details, such as records of your recipe browsing history and recipe collection within the Services, and recipes you have pushed to your Connected Product.
• Geolocation data may be collected to provide location-specific Services, shipping options, or compliance with local laws.

Information Collected from Other Sources

• We may receive information about you from other sources, such as business partners, marketers, researchers, analysts, social network services, and other parties to help us supplement our records.
• If you access our Services through a third-party website, application, or social media platform, we may receive information about you from that third-party site, application, or platform, depending on the third-party’s data practices and your settings (for example, your name, username, email address, and comments or content you post). Typhur is not responsible for the content or practices of third-party websites, applications, or platforms. We urge you to read the privacy and security policies of any third-party websites, applications, or social media platforms you choose to use.

Information We May Derive

• We may derive information or draw inferences about you based on the other types of personal data we collect, such as inferring your location based on your IP address.

2. How We Use Your Information

We collect and use personal data for various purposes, including to:

·       Provide Products and Services: To provide, administer, deliver, customize, support, maintain, and improve our products, Services, events, and membership programs, and to provide support and updates for our products and Services.

·       Utilization of Tracking Technologies: To remember user preferences, maximize the performance of Services, provide you with offers that may be of interest to you, measure the effectiveness of our marketing campaigns, and personalize online content (see “Targeted Advertising and Analytics” below).

·       Complete Transactions: To complete transactions you request and perform our contractual obligations, including processing payments.

·       Manage Accounts: To create and manage your online accounts and profiles.

·       Communications: To communicate with you about your account, purchases, exchanges, warranty coverage, returns, and other customer service issues.

·       Advertising and Marketing: To send advertising or marketing communications about products, services, offers, promotions, rewards, and events, and to provide news and information about our products and Services.

·       Research and Development: To conduct research and development to improve our products and Services, to design new products and Services, evaluate the usage and performance of our Services, and to analyze usage trends.

·       Personalize Your Experience: To monitor, analyze, and audit your engagement with our brand and your interactions with our Services and ads to better understand your interests and behaviors and customize your experience.

·       Troubleshooting: To identify, debug, and repair errors that impair existing intended functionality of our products and Services.

·       Safety and Security: To detect and protect against malicious, deceptive, or illegal activity, including fraudulent transactions, error, negligence, breach of contract, security incidents, and harm to the rights, property, or safety of Typhur, its customers and employees, and third parties.

·       Corporate Transactions: In the context of corporate acquisitions, mergers, or other corporate transactions.

·       Your Consent: In accordance with your consent, or when you engage in an intentional act to direct or instruct us to do so.

·       Comply with Legal Obligations: To comply with our legal or regulatory obligations.

·       Reasonable Other Purposes: To carry out certain short-term activities and other reasonable purposes related to the products or Services you purchase from us or your ongoing relationship with us.

Legal Grounds for Processing

The laws in some jurisdictions may require us to tell you about the legal grounds we rely on to process your information and/or personal data. Our legal bases for processing your information and/or personal data are as follows:

• Where use of your information is necessary to perform our obligations under a contract or commitment to you. For example, to provide the services you’ve requested from us, or to comply with our terms of use and sale.
• Where use of your information furthers our legitimate interests or the legitimate interests of others. For example, to provide security for our products and services, operate our business, make and receive payments, defend our legal rights, and prevent fraud.
• Where we use your information to comply with legal obligations. For example, keeping track of purchases for tax and auditing purposes.
• Where you have consented to our processing of your information for a particular purpose.

3. How We Disclose Your Information

We disclose personal data to the entities and for the purposes described below:

·       Affiliates and Subsidiaries: We may disclose personal data to our affiliates, in which case we will require those affiliates to honor this Privacy Statement. Affiliates include our parent company and its other subsidiaries, joint venture partners, or other companies that we control or that are under common control with us, or companies that are engaged in a business venture or agreement with us.

·       Service Providers: We disclose personal data to service providers that perform services on our behalf, which may include customer support, web hosting, information technology, payment processing, financing, product fulfilment, marketing and database management, direct mail and email distribution, events, warranty services, and advertising and analytics services (see, e.g., “Targeted Advertising and Analytics” below).

·       Third Parties in Corporate Transactions: We may disclose or transfer personal data as part of, or during negotiations of, any purchase, sale, lease, merger, reorganization, or any other type of acquisition, disposal, securitization, or financing.

·       Professional Advisors: We disclose personal data to our legal, financial, insurance, and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of our business or operations.

·       Government Authorities and in Legal Proceedings: We may disclose personal data when we believe doing so is reasonably necessary to comply with applicable law or legal process, to respond to claims, enforce or apply our terms of use and sale, or to protect the rights, property, or personal safety of Typhur, our affiliates, users, employees, or others.

·       Other Users or the Public: Our Services may provide functionality that allows you to post a user profile and content that will be viewable to others, such as recipes and comments. Please note that any information you post or disclose through these areas of the Services will become public and may be available to other users and the general public. Please exercise caution when disclosing personal information in these public areas of the Services.

·       Your Consent or at Your Direction: We may disclose personal data, such as profile and communications data, to third parties when we have your consent or direction to do so. For example, if you choose to post a user profile and content on our Services, you consent to the disclosure of this information to other users and the general public. We may also disclose your personal data to other third parties when you intentionally direct us to do so or when you use our products or Services to intentionally interact with third parties.

·       Aggregated, Anonymized or De-identified Data: We may also disclose aggregated, anonymized, or de-identified information, which cannot reasonably be used to identify you.

4. Targeted Advertising and Analytics

• Our Services use third-party analytics tools such as Google Analytics and Firebase, which use cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. These analytics tools may also collect information regarding the use of other websites, apps, and online resources.
• We use third parties to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services. These third parties may use cookies, web beacons, SDKs, device identifiers, and other tracking technologies to collect information about your use of the Services, and other websites and applications, including your IP address and other identifies, web browser and mobile network information, pages viewed, time spent on ages or in apps, links clicked, and conversion information.
• You may receive advertisements based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as on information received from third parties. These third parties may place or recognize a unique cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/. You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps.
• The activities described above in this section may constitute “sharing” or “selling” under certain privacy laws. To learn more about your choices, please see “Your Privacy Choices” below.

5. Children’s Privacy

Our Services are not directed to children. If we become aware that we have collected personal data without legally valid parental consent from children under an age where such consent is required, we will take reasonable steps to delete it as soon as possible.

6. Your Privacy Choices

We offer you a number of choices with respect to our collection, use, and disclosure of your information. Your legal rights to exercise such choices vary based on the laws of your jurisdiction. We will not discriminate against you for exercising your privacy rights.

• Analytics: You can learn about Google Analytics by visiting www.google.com/policies/privacy/partners/ and you can exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. You can learn about FireBase at https://firebase.google.com/support/privacy.
• Advertising and Promotional Emails: To opt-out of receiving advertising and promotional email messages from us, please click on the “Unsubscribe” link contained at the bottom of each email. Opting out of advertising and promotional emails will not affect our ability to send you administrative or transactional messages nor affect other permitted uses of information or personal data.
• Connected Products:
• To prevent our collection of data from your Connected Product as described above, you should not connect your Connected Product to the internet. Please note that if you do not connect your Connected Product to the internet, you will not be able to use the connected features such as pushing recipes to the Connected Product, but you will still be able to use it offline by entering the cooking commands manually.
• To delete data on the Connected Product, such as prior to giving it to a new owner, you may reset the Connected Product to factory settings by using the instructions in the user manual. Similarly, if you have received a Connected Product from someone else, you may use this process to terminate any prior user’s ongoing access to the Connected Product.

• Cookies: You may refuse or delete cookies. If you refuse or delete cookies, some of our website functionality may be impaired. Please refer to your browser’s settings to learn more about how to manage cookies and the use of other tracking technologies. We do not currently respond to browser do-not-track signals.
• Location Data: For any of our Apps that can collect location data, you can control the collection of location data by changing the preferences on your mobile device.
  
• Partners: When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout

Additional Choices in Certain Jurisdictions

·       Depending on where you reside, you may have the right to:

o   Request to know more about and access your personal data that we have collected;

o   Request the deletion of your personal data,

o   Request the transfer of your personal data to a designated third party; and

o   Request the correction of inaccurate personal data.

·       You may make these requests at any time by contacting us in accordance with the “Contact Us” section below. We will respond to your request consistent with applicable law. We may be required to verify your request by asking you to provide additional information such as your name and email address.

7. Retention of Personal Data

Our retention periods for personal data are based on business needs and legal requirements.

The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
• Whether retention is necessary in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

8. Third-Party Services

This Privacy Statement does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, or wireless service provider.

9. Security

We seek to use reasonable organizational, technical, and organizational measures to protect personal data within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your account or interaction with us is no longer secure, please contact us immediately in accordance with the “Contact Us” section below.

10. Cross-Border Data Transfers

We may store and process your personal data in any country where we have facilities or in which we engage service providers. By using the Services you understand that your information may be transferred to countries outside of your country of residence. These countries may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal data.

ADDITIONAL INFORMATION REGARDING THE EU:

·       Your information may be transferred to a country outside of the EU that is not recognized by the European Commission as providing an adequate level of data protection according to EU standards (the full list of these countries is available here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). For transfers from the EU to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal data. You may obtain a copy of these measures by Contact Us in accordance with the “Contact Us” section below.

·       You have the right to lodge a complaint with a supervisory authority for your country or region where you have your habitual residence or place of work or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

11. Changes to this Privacy Statement

From time to time, we may update this Privacy Statement by updating this page and by displaying the effective date of the last update at the top of the page. We encourage you periodically to check this page to learn about the information we collect, use, and share.

12. Contact Us

Typhur Inc. is located at 2890 Zanker Road #120, San Jose, CA 95134.

If you have any questions about this Privacy Statement or our privacy practices, please contact us at privacy@typhur.com.