Pintrac Usage and Privacy Policy

This privacy policy (“Privacy Policy”) explains how your personal information is collected, used and disclosed by Pintrac (referred to as “Pintrac,” “us”, “we” or “our”) when you (a) visit our website, available at pintrac.com (our “Site”) and use the Pintrac smartphone and Pintrac web cloud application (“Pintrac App”) (b) purchase, activate and use your Pintrac™ device product, including the hardware product and its accessories (“Accessories”). References to the Franklin Wireless device in this privacy policy will include your access to and use of the software of any kind (“Product Firmware”) embedded in your device.

THIS PRIVACY POLICY REQUIRES THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER IT, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

By accessing or using the Pintrac smartphone and Pintrac web cloud application, activating and using your device or through Pintrac service plan, you acknowledge that you have read, understand and agree to be bound by the terms of this privacy policy. This privacy policy is incorporated into and forms a part of our terms of service and sale. If you do not agree with our policies and practices, please do not engage with us in any of these ways.

This usage and privacy policy may change from time to time.  Your continued use of our site after We make changes is deemed to be acceptance of those changes, so please check our site and this usage and privacy policy periodically for updates.

Information We Collect About You and How We Collect It

We may collect several types of information from and about users through your activation, use and operation of your device, including the features enabled by the Pintrac service plans. We may also use third-party service providers to collect information from you on our behalf. Information collected includes information

  • By which you may be personally identified, such as name, postal address, e-mail address, or telephone number (“Personal Information”); and/or
  • That is about you but individually does not identify you, such as IP address, profile information, aggregate user data, and browser type (“Non-Personal Information”). 

Certain information may not be Personal Information when standing alone (e.g., your IP Address), but may become so when combined with other information (e.g., your name). 

You may give other people access to the device, use of the Pintrac service plan and to the account that you create with us when you register for the Pintrac plan (“Pintrac Account”), such as family members or someone who might otherwise need access to your tracking device (“Friends and Family”). You are solely responsible for any of your Friends and Family’s actions or failures to act in connection with the tracking device or your Pintrac Account, and all of information collection practices set forth in this Privacy Policy will also apply to all Friends and Family.

If you create a user account, we will collect your contact details including, First name, Last name and email address. Your device location address is collected. While your information is secured with us, we will not use your personal information for marketing purposes or disclose or share your information with anyone unless you authorize them to use by sharing your device location with friends and family. We recommend you strongly to advise invited users not to use personal information for any purpose without your approval.

You can log into your user’s profile and correct, amend, or delete information about yourself by deleting the associated device.

This privacy policy may be amended from time to time. Any amendments to our privacy policy will be posted as a notification on our homepage and a link will be provided in our mobile application for you to view current privacy policy.

  1. Information You Volunteer

We may ask you to provide certain information in order for you to use certain features and create an account with us. The Pintrac smartphone app and Pintrac Web cloud app also allow you to store in your Pintrac account certain content about you that may contain personal information. Personal information we may ask you to provide or that you may choose to store includes:

  • Your first and last name, telephone number, e-mail address, mailing address, physical address and company name.
  • Any personal information contained in the content uploaded, saved and stored by you in your Pintrac account or Pintrac Smartphone app or Pintrac Web cloud app.
  • Your first and last name, e-mail address, billing and shipping address, credit card information and any other information necessary to complete the transaction.
  1. Information Collected Automatically

We may automatically collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Site, including purchase history, traffic data, location and geographic data, logs, other communication data and the resources that you access and use on the Site.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type
  • Information about your mobile and other device(s), if you have an active Pintrac service plan, information about your usage of the cellular network in connection with the device.
  • Navigational data like Uniform Resource Locators (“URLs”) may be used to gather information regarding the date and time of your visit and the information for which you searched and viewed.
  • Cookies (or browser cookies). The technologies We use for automatic data collection or analysis include cookies. By accessing or using the site, you agree to our use and third parties’ use of cookies and other tracking technologies as described in this Usage and Privacy Policy. A cookie is a small file placed on the hard drive of your computer. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. Persistent cookies can be removed by following your internet browser help file directions and You may refuse to accept browser cookies by activating the appropriate setting on your browser. If you choose to disable cookies, please note that some parts of the Site may then be inaccessible or not function properly.
  • Flash Cookies. Certain features of our Site also may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit Pintrac, for example, to count users who have visited those pages or opened an e-mail and for other related statistics (for example, recording the popularity of certain Site content and verifying system and server integrity). 
  • Third-party Use of Cookies and Other Tracking Technologies. Some content, including advertisements, on the Site and our e-mails may be served by third parties, including advertisers, ad networks and servers, content providers 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. 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 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 an advertisement or other targeted content, you should contact the responsible provider directly.

  • We use or may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Pintrac Service Plan; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Site; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our services.
  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s Site.  Again, if you disable or refuse cookies or Flash objects, please note that some parts of the Site may then be inaccessible or not function properly.
  • We use third-party analytics services to better understand how users interact with the Site. These services provide Non-Personal Information, including but not limited to, data on how online users reached the Site, what actions they took on the Site, how long they spent on the Site, and where users went online when they left our Site. Our customer support service provider may gather analytics information from you which may consist of the feature and functions of the customer support service you use, your domain name, your username and IP address and additional information required to detail the operation of the function and the problem or issue, which may include elements of Personal Information.
  • To the extent We receive any Personal Information of yours from any third-party sites or service providers, the collection and use of the Personal Information will be in accordance with the terms of this Usage and Privacy Policy.

Information Collected Through Use and Operation of Your Device

Once you activate your device and for as long as you maintain an active Pintrac service plan in good standing, your device will automatically connect and transmit certain data to the cellular network through your service provider, to enable certain features and information of the device, such as location and activity level tracking. Information transmitted to the cellular network and/or collected and stored may include:

  • Device Usage Information. When you access the Pintrac smartphone app and Pintrac Web cloud app, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number.
  • Direct Adjustments to the device and settings. We collect any setup information you provide and direct adjustments to the device, such as settings.
  • Environmental data. If you enable the “Temperature Alerts” feature in the settings, we will transmit and collect data from sensors in the device that record data on the ambient temperature of the environment. We store this data in your Pintrac account and stop collecting this type of data when you change your settings to deactivate the feature.
  • Location data. In the settings, we will transmit and collect location data, including GPS coordinates (e.g., latitude and longitude) and similar information regarding the location of the device, or we may be able to approximate the device’s location by analyzing other information, such as IP address and Cell ID. We store this data in your Pintrac account and stop collecting this type of data when you change your settings to deactivate the feature. The GPS data we collect may also indicate your location and be considered Personal Information.
  • Bluetooth data. Our device may use Bluetooth and may broadcast an identifying signal wirelessly to connect with your Bluetooth-enabled mobile devices. The device may use Bluetooth technology at all times to verify its proximity to the accessory known as the “Base Unit” and to your mobile device, which allows you to operate certain features of the Tracker Device.
  • Wi-Fi network information. We collect information about your use of Wi-Fi network information with the device, primarily to identify the location of the device when it is in proximity to a Wi-Fi host device.
  • Information collected by your third-party wireless service carrier. Your third-party wireless service carrier may collect information related to your use of the cellular services under your Pintrac service plan that is created by the cellular network, including, without limitation, the mobile identification number issued by the third-party wireless service carrier to identify you, and location information, including end user, cell site and Wi-Fi network information.

How We Use Your Information

We use information that We collect about you or that you provide to us, including any personal information:

  • To notify you about new products, programs, activities or services We offer or, in our discretion, about changes to any products, programs, activities, services or policies.
  • To create a Pintrac account for you with your consent.
  • To allow you to access customer support services and enable us to handle customer issues and requests.
  • To enable certain features of your device.
  • To notify you about changes to our Pintrac service plans or any products or services we offer or provide through them.
  • To store information about you and your preferences, allowing us to speed up, customize and improve your user experience with your device.
  • If you communicate with us through the “Contact Us” link or pop up chat feature to help us respond appropriately to your questions, comments or requests and store such information in order to improve your user experience.
  • To fulfill any other purpose for which you provide it and for any other purpose with your consent.
  • If you cancel your Pintrac account, you will retain access to, and we will continue to store, the User Content you posted and the historical data regarding your tracking device for a limited time. Please note that as of the date of this Privacy Policy, there is no ability for you or Pintrac to export a copy of your records, data or content stored in your Pintrac account from the Pintrac smartphone app and Pintrac Web cloud app, and such information will only viewable by you when you are using the Pintrac smartphone app and Pintrac Web cloud app under an active Pintrac service plan. If you choose to store records or other data or content in your Pintrac account, it is your responsibility to ensure you have accessible back-up copies of such records, data or content.

Sharing Your Information

We may share or sell Non-Personal Information (including aggregated, de-identified information) about our users with partners and the public in a variety of ways without restriction.

Do Not Track. Pintrac engages in the collection of information about a consumer’s online activities over time and across third-party online services (“tracking”) to the extent that such information is collected by our web analytics service, currently Google Analytics. 

As of the effective date of this policy, the Google Analytics terms of service prohibit the tracking, collection or uploading any data that personally identifies an individual (such as a name, e-mail address or billing information), or other data which can be reasonably linked to such information by Google. We do not track visitors to the Site over time and across third-party Sites outside of Google Analytics.  We do not have a separate policy for responding to browser-based Do Not Track signals.

We may disclose Personal Information that we collect or you provide as described in this Usage and Privacy Policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties We use to perform services on our behalf and otherwise support our business and/or the Site or Social Media Channels, including without limitation for payment processing and customer service.
  • If you make an order or purchase products from our Site or Pintrac smartphone app or Pintrac Cloud app, we request that you provide your name, email address, billing and shipping address, credit card information and any other information necessary to complete the transaction. If you create a Pintrac account, your name, billing and shipping address and the last four digits of your credit card information can be stored with your consent. We do not collect or store your full credit card information. Our credit card processing service provider, Stripe, will collect and store full payment card information from you, even as a guest user, when an order is placed until when it ships. If you elect to have payment card information saved for future transactions, Stripe will store your payment information.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Pintrac’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Pintrac about our Site, Pintrac smartphone app, Pintrac Web cloud app Pintrac service plans are among the assets transferred. 
  • To governmental agencies, law enforcement, or other companies assisting us in fraud prevention or any other governmental investigation. We may do so when: (a) permitted or required by law; (b) trying to protect against or prevent actual or potential fraud or unauthorized transactions; (c) investigating fraud which has already taken place; or (d) otherwise cooperating with a governmental investigation. The information is not provided to these companies for marketing purposes.
  • To fulfill the purpose for which you provide it.
  • To comply or to help our service providers comply, with any court order, law or legal process, including responding to any government, law enforcement or regulatory request. To the extent this provision may be construed as inconsistent with another provision of the Usage and Privacy Policy, this provision will control.
  • If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Pintrac, its employees, its customers or the public.
  • To third parties for direct marketing purposes.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

Choices about How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. The following mechanisms are available to provide you with the following control over your information:

  • Promotional Offers from Pintrac.If you do not wish to have your e-mail address and other contact information used by Pintrac to promote our products or services, you may contact support@pintrac.com to opt out of receiving such communications. You may also use the opt out link at the bottom of the promotional e-mail. If We have sent you a promotional e-mail, you may click on the opt out link at the bottom of the e-mail and follow the opt out directions.
  • Opt Out.You may contact support@pintrac.com to opt out of certain uses of your Personal Information, however, this may impact your ability to use certain features of the Site.
  • California Residents.From time to time We may disclose certain Personal Information to third parties for direct marketing purposes. California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of such Personal Information to third parties for their direct marketing purposes. If you are a California resident, you may request (a) a list of the categories of Personal Information about you that Pintrac has disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request; (b) the names and addresses of such third parties; and (c) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to Pintrac, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please e-mail support@pintrac.com.

Data Security

Pintrac respects the confidentiality of its customers, users and guests. We have implemented commercially reasonable measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your Personal Information transmitted to or through the Site or Pintrac smartphone app, or Pintrac Web cloud app. Any transmission of Personal Information is at your own risk.

In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you in a method and manner required by law in the most expedient time reasonable under the circumstances. Delays in notification may occur while necessary measures are taken to determine the scope of the breach and restore reasonable integrity to the system(s) as well as for the legitimate needs of law enforcement if notification would impede an investigation.

Applicable Law/International Issues

All matters arising out of or relating to this Privacy Policy are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

We may transfer the personal information we collect about you in connection with your Pintrac service plan, or participation in our promotions to countries other than the country in which you originally provided it. These countries may not have the same data protection laws as the country in which you provided the information for the collection, processing, storage, disclosure and disposal of data. When we transfer your information to other countries, we will protect that information as described in this privacy policy. You acknowledge and agree that we may collect and use your information as described in this privacy policy, outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. By providing us with your information, you acknowledge that you have read the terms and conditions of this privacy policy, understand it, agree to its terms and consent to the transfer of your information outside your resident jurisdiction. If you do not consent to the terms of this privacy policy, please do not use the Pintrac service plan.

Children Under the Age of 18

The Digital Services and Social Media Channels are not intended for children under 18 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you believe that we might have any personal information from or about a child under 18, please contact us at pintrac.com.

Linking from E-mails

Our e-mails may contain links to other third-party sites that we do not control or maintain. We are not responsible for the privacy practices of any third-party site. If you follow a link from our e-mails to another site or application, that site or application’s privacy policies will govern any information that site or application collects about you. Please note to review the privacy statement at your destination before submitting any Personal Information.

Third-Party Wireless Service

If you have an active Pintrac service plan, your third-party wireless service provider will provide cellular services that allow your device to connect and transmit data to the cellular network to enable certain features of the product. Information that your third-party wireless service carrier collects is described in Information Collected Through Use and Operation of Your Device. Please be aware that such information is owned and controlled by your third-party wireless service carrier and is not subject to this privacy policy.

Hosting Provider Terms

Our Digital Services are hosted by a third-party hosting provider, Amazon Web Services, Inc. Use of your personal information is also subject to our hosting provider’s policies. To review this hosting provider’s policies regarding your personal information, please visit Amazon Web Services, Inc. site

Arbitration

YOU AND PINTRAC AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS PRIVACY POLICY SHALL BE FINAL AND BINDING ARBITRATION.

Either Pintrac or you may demand that any dispute between Pintrac and you about or involving your use of the Site, Pintrac App, or Pintrac Cloud App, or Pintrac service plans must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in San Diego, California, USA, provided that the foregoing shall not prevent Pintrac from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THIS PRIVACY POLICY SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, PINTRAC APP, PINTRAC SERVICE PLANS OR OUR SOCIAL MEDIA CHANNELS, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

Changes to Our Privacy Policy

Pintrac will update this Privacy Policy from time to time. When we do, we will revise the “last updated” date at the top of this page. For changes to the privacy statement that we deem to be material, we will notify you by placing a prominent notice on home page of the Site. You are responsible for periodically visiting our Site and this Privacy Policy to check for any changes.

Contact Information

To ask questions or provide comments on this Usage and Privacy Policy and our privacy practices, please contact us at support@pintrac.com.

This document was last updated on April 26th, 2021.