Privacy Policy

Ventoscity, Inc. ("Ventoscity," "we," or "us") respects your privacy and is committed to being transparent about our privacy practices. This Privacy Policy describes the types of information we may collect from you when you visit our website at http://ventoscity.com, or any subdomain thereof, or visit or use our Ventos mobile application (available for iOS and Android devices) or any other mobile or desktop application we may make available, including any content or functionality offered on or through any of the foregoing (collectively, the “Site”), or when you use our wearable wellness device or access or use the online services (including any subscription services) we make available on or through the Site (collectively, the “Service”). This Privacy Policy also describes our practices for collecting, using, maintaining, protecting, and disclosing such information.

This Privacy Policy applies to information we collect on the Site, in email, text, or other electronic messages between you and the Site, and through your access to or use of the Service through the Site. Except as otherwise expressly set forth herein, it does not apply to information collected by us offline or through any other means, including on any other website operated by us or any third party, nor to information collected by any other third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site or the Service. This Privacy Policy also does not apply to information collected in connection with any research study in which you participate, which is governed by the applicable study consent and related documents.

Please read this Privacy Policy carefully before you start to use the Site or the Service to understand our policies and practices regarding how we treat your information. By accessing or using the Site or the Service in any manner, you accept and agree to be bound by this Privacy Policy. If you do not agree with any terms of this Privacy Policy, you may not access or use the Site or the Service for any purpose.

This Privacy Policy may change from time to time (see Updates to Our Privacy Policy, below). Your continued use of the Site or the Service after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

The Site and the Service are not intended for or directed to children. No one under age 18 may provide any information to or on the Site or the Service. We do not knowingly collect or solicit personal information from children under age 18. If you are younger than 18 years of age, do not use or provide any information on the Site or through the Service or any of its features, register on, or make purchases through, or use any of the interactive features of the Site or the Service, or provide any information about yourself to us, including your name, address, telephone number, email address, any biometric data or metrics, or any screen name, user name, or any other identifier you may use. If we learn we have collected or received personal information from a child under age 18, we will delete that information. If you believe we might have any information from a child younger than 18 years of age, please contact us at privacy@ventos.city.

When you access the Site or use the Service, we collect certain information about you. This may include information by which you may be personally identified, such as your name, email address, and birth date, as well as information that is about you but may not specifically identify you, such as your gender, certain biometric information and other wellness information, as well as information about your internet connection, the device you use to access the Site or Service, and usage details, IP addresses, and other information collected through certain tracking technologies (collectively, "personal information").

Information You Provide Us

We collect personal information from various sources, such as directly from you when you access or use the Site or the Service. This may include:

• information that you provide by filling in forms on the Site or through the Service. This includes information provided at the time of registering to use the Site, subscribing to the Service, or requesting further information or services.
• information that you input to the Service to facilitate the tracking and analysis of certain wellness metrics through the Service, including, without limitation, information regarding your age, weight, the foods and beverages you consume and when you consume them, how often you pass gas, and your perceived daily stress, gas, bloating, and comfort levels.
• Information that you provide when you utilize our wearable device and connect that device to the Service, including, without limitation, measurements of gases detected by the device and information derived from those measurements, such as insights regarding your digestive wellness.
• information that you provide when you enter a contest or promotion sponsored by us, or when you report a problem with the Site or the Service.
• information that you provide when seeking customer or technical support.
• records and copies of your correspondence (including email addresses), if you contact us.
• your responses to surveys that we might ask you to complete for research purposes.
• details of transactions you carry out through the Site or the Service, including your purchase of the device or any Service subscription. If you purchase a Service subscription or purchase a place in a waiting list or pre-sale, you may be required to provide financial information at the time you place the order through the Site.
• your search queries on the Site.

In addition, if you choose to upload photographs of food and beverages to the Service, we collect those photographs, as well as information derived from those photographs using our artificial intelligence model, such as the identification of the foods and beverages depicted. Please do not include images of other people, or any other personal information, in the photographs you upload.

Information We Collect by Automatic Means

When you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• information about the devices you use to access the Site (such as the IP address and the type of the device, operating system, and web browser);
• dates, times, and duration of use of the Site (including whether you are a repeat or first time visitor);
• information on actions taken when using the Service (such as page views and website navigation patterns); and
• approximate location information (such as city or region) derived from your IP address (we do not collect precise geolocation data).

In addition, we may use third-party web analytics services to help us understand your use of the Site and the popularity of certain content so we can improve your experience. For more information on our use of third-party analytics services, see Third Party Providers below.

Information we collect automatically may be statistical data that does not include personal information. We may maintain or associate any such statistical data with personal information we collect in other ways or receive from third parties. It helps us to estimate our audience size and usage patterns, speed up user experience, and improve and personalize the Service, including enabling us to identify and authenticate users. To the extent that we associate any of this non-personal information with your personal information, we will treat it as personal information under the terms of this Privacy Policy.

Technologies we use for automatic data collection may include cookies. A cookie is a small file placed on your smartphone or on the hard drive of your computer, as applicable. Portions of our Site and our emails may also contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). For information on our use of cookies and how you can opt out, see Your Choices, below.

Certain of the information we collect through the Service, including information collected by our wearable device, photographs of food and beverages that you upload, and information you input regarding your fitness, diet, or wellness (collectively, "Wellness Data"), may be considered sensitive personal information under applicable law. We collect and use Wellness Data to provide the Service to you, including to generate wellness insights, and as otherwise described in this Privacy Policy, in each case with your consent where required by applicable law. We do not sell Wellness Data, and we do not use or disclose Wellness Data for targeted advertising. Except as necessary for our Third Party Providers to perform services on our behalf, or as required by law, we will not disclose Wellness Data that identifies you to any third party without your consent.

You may withdraw your consent to our collection of Wellness Data at any time by ceasing to use your wearable device, disabling the applicable permissions in your mobile device settings, or deleting your account. You may also delete your Wellness Data at any time using the “Delete My Data” feature in the Ventos app. Please note that if you withdraw your consent or delete your data, some or all features of the Service may not function properly. Withdrawing your consent or deleting your data will not affect information that has previously been aggregated and/or de-identified as described in this Privacy Policy.

Some content or applications on the Site are served by third parties, including content and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about any targeted content, you should contact the responsible provider directly.

We may use information we obtain about you, or that you provide to us:

• to provide you with our services, including, without limitation, to provide analytics and insights with respect to the data you provide;
• to process orders you place and to complete transactions you initiate through the Site;
• to provide you with information or materials you request;
• to respond to your questions and comments and provide customer or technical support;
• to communicate with you about our products, services, offers, and promotions;
• to operate, evaluate, and improve our business and the products and services we offer, including, without limitation, to develop, train, and improve our data analytics algorithms and artificial intelligence models;
• to analyze trends and statistics regarding use of the Site and the Service and activities supported by the same;
• on an aggregated and de-identified basis, to generate analytics, data sets, and insights for research, product development, and other business purposes, including to license or sell such aggregated and de-identified data to third parties, such as research institutions and pharmaceutical, nutrition, and other life sciences companies;
• to protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
• to enforce our Terms of Service and other agreements;
• to comply with applicable legal requirements and industry standards; and
• for any other purpose for which you provide your consent.

We may also use your information to contact you about, or display advertising with respect to, the Service and third parties’ goods and services, including (without limitation) through providing you with Ventoscity newsletters and other publications. If you do not want us to use your information in this way, please email hello@ventos.city. For more information, see Your Choices, below.

We may disclose aggregated information about our users, and information that does not identify any individual user, without restriction.

With respect to any de-identified information that we maintain, use, or disclose, we will take reasonable measures to ensure that such information cannot reasonably be associated with you, will maintain and use such information only in de-identified form, will not attempt to re-identify such information except as permitted by applicable law, and will contractually require any recipients of such information to comply with the same requirements.

We may disclose personal information that we collect or you provide (as described in this Privacy Policy):

• to our subsidiaries and affiliates;
• to authorized resellers from which you purchase the device, to the extent necessary to process and fulfill your order and provide related customer support;
• with your consent, to our business partners (such as providers of nutritional supplements or other wellness products and services) so that they may offer you products or services tailored to your profile;
• to contractors, service providers, and other third parties we use to support our business (see Third Party Providers, below);
• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Service and other agreements;
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Ventoscity, users of the Site or Service, and/or others;
• for any other purpose which is incidental to the normal use of the Service; and
• for any other purpose for which you provide your consent.

We do not sell your personal information.

We also reserve the right to transfer your personal and other information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your information in a manner that is consistent with our Privacy Policy.

Without limiting the foregoing, we may also employ or otherwise utilize third party companies and individuals to facilitate our Site and our provision of the Service, and to process data, perform Site-related services, or to assist us in analyzing how the Service is used (collectively, “Third Party Providers”). These Third Party Providers may have access to your personal information for purposes of performing these tasks on our behalf, and may have the right to retain and use personal information or other information through performance of these tasks on an aggregated and de-identified basis in accordance with the terms of the applicable Third Party Provider’s privacy policy. We advise you to review the privacy policies of the Third Party Providers, but note that we have no control over and assume no responsibility for the content, privacy policies or practices of any Third Party Providers, their websites or services.

Third Party Providers may include, but are not limited to, cloud hosting and data storage providers, payment processors, e-commerce and order fulfillment providers, email and communications service providers, customer support providers, analytics providers, and advertising and marketing service providers.

Ventoscity takes protecting your information seriously, and has implemented reasonable measures to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the Service or certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Please note that the electronic transmission of information is not completely secure. We cannot guarantee that the security measures we have in place to safeguard information will never be defeated or fail, or that such measures will always be sufficient or effective. Any transmission of information is at your own risk.

The Service is administered by Ventoscity in the United States. When we obtain information about you through your access to or use of the Site or the Service or when you input or import information to the Service from somewhere other than the United States, we may transfer, process, and store such information in the United States. If you access the Site and/or Service from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws. If you are a non-United States resident and provide us with your personal information, or if you use the Service, you consent to the transfer to and processing of such information in the United States, which may have data protection laws less stringent than those in the country in which you reside.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Site and the Service may then be inaccessible or not function properly.

Messages. Ventoscity may communicate with you electronically via email, text messages, push notifications, or any other suitable form of electronic communication ("Messages") for purposes related to the Service, including, without limitation, Service updates and notifications, as well as Messages that are ancillary to the Service, such as Messages about new product announcements, product recommendations, Ventoscity newsletters, and other promotions. You can opt out of receiving promotional Messages at any time by following the opt-out instructions included in the specific Message (or, with respect to push notifications, through the native settings on your mobile device), or by emailing us at hello@ventos.city. If you opt out of promotional Messages, please note that you may continue to receive non-promotional, transactional Messages from us.

Interest-Based Advertising. We may work with third-party advertising partners that use cookies, pixels, and similar technologies to deliver advertisements for our products and services to you on other websites and platforms based on your activity on the Site. You can opt out of interest-based advertising from many participating companies through the opt-out tools provided by the Digital Advertising Alliance and the Network Advertising Initiative, through the settings of the relevant third-party platform, or by emailing us at privacy@ventos.city. Opting out does not mean that you will no longer see advertisements, but they may be less relevant to you..

Limiting Provided Information. You can choose not to provide us with certain information. If you decline to provide certain information, however, please note that some features of the Site and/or Service may then be inaccessible or not function properly.

Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. The Site is not currently set up to respond to those signals.

The Site and/or Service may contain links enabling the electronic transfer of data from third-party applications to the Site or the Service, as well as links to third-party websites. Ventoscity is not responsible for the privacy practices or content of these applications or websites, and linking to an application or website does not constitute endorsement by us of that application or website. You should review the privacy policy and terms and conditions of any such third-party application or website prior to using or providing information to the same.

You may send us an email at privacy@ventos.city to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We retain personal information that we collect for as long as we need to use it in connection with our business and in accordance with our standard practices or in compliance with applicable laws. When we no longer need the personal information, we will de-identify, aggregate, or delete such information.

California Residents. California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by email at privacy@ventos.city or write to us at the mailing address set forth at the end of this Policy.

Residents of Other States. Depending on your state of residence, you may have certain rights under applicable state privacy laws with respect to your personal information, which may include the right to: (i) confirm whether we process your personal information and access such information; (ii) correct inaccuracies in your personal information; (iii) delete your personal information; (iv) obtain a copy of your personal information in a portable format; (v) opt out of the processing of your personal information for targeted advertising, the sale of your personal information, or profiling in furtherance of decisions that produce legal or similarly significant effects; and (vi) where required by applicable law, consent to, or withdraw your consent to, our processing of sensitive personal information, such as Wellness Data. To exercise any of these rights, please submit your request in writing to us by email at privacy@ventos.city or write to us at the mailing address set forth at the end of this Privacy Policy. We may need to verify your identity before responding to your request. If we decline to take action on your request, you may appeal our decision by emailing us at privacy@ventos.city with the subject line "Privacy Request Appeal." We will not discriminate against you for exercising any of your privacy rights.

Nevada Residents. Nevada provides its residents with a limited right to opt out of certain sales of personal information. We do not sell personal information; however, Nevada residents may submit a request regarding this right in writing to us by email at privacy@ventos.city.

Ventoscity reserves the right to change this Privacy Policy at any time. If we make a material change to this Privacy Policy, we will communicate these changes to you either via email (if we have your email address) or by posting a notification on the Site. The date this Privacy Policy was last revised is at the top of this page. We encourage you to review this Privacy Policy periodically to check for any updates or changes.

If you have any questions about this Privacy Policy or our information practices, please email us at privacy@ventos.city, or write to us at:

Ventoscity, Inc.
9910 Belhaven Rd
Bethesda, MD 20817