TERMS OF USE AGREEMENT AND PRIVACY STATEMENT

(Updated on June 28, 2024)

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Use of the Breathium Smoke Danger Watch Website and Text and its services are subject to the following Terms of Use Agreement (“TOU”).  Breathium reserves the right to update the TOU at any time without notice. By using and receiving the Breathium Smoke Danger Watch Website and Text, you acknowledge and agree to these limitations as set forth.  

If you do not agree to below terms and conditions, you must not use the Smoke Danger Watch Website and immediately unsubscribe from the Smoke Danger Watch Text and do not text the Breathium Smoke Danger Watch Text.  If you have previously texted Breathium Smoke Danger Watch Text, you must immediately cease texting Breathium and opt-out.

​Breathium Smoke Danger Watch Website and Text does not provide medical advice.  Nothing contained on or offered by or through the Breathium Smoke Danger Watch Website and Text should be construed as medical advice.  It is intended for informational purposes only and is not a substitute for professional medical advice, diagnosis or treatment.  

This Smoke Danger Watch Text program is a standard SMS/MMS program and message and data rates may apply. Message frequency varies.

​USE OF COMMUNICATION SERVICES

Breathium Smoke Danger Watch Text provides SMS text messaging alerts regarding environmental health conditions in specific areas and provides public health education.  These terms and conditions apply to all individuals and entities (“you”) that subscribe or opt-in to receive SMS text messages from the Breathium Smoke Danger Watch Text, including by texting ASTHMA to our short code or by providing your mobile telephone number to your community health organization and/or healthcare provider and in order to receive environmental health and public health education SMS text message alerts.

​By opting-in to receive Breathium Smoke Danger Watch Text SMS text messages, you agree to receive informational text messages from or on behalf of theBreathium Smoke Danger Watch Tracker.  These text messages will contain notifications about environmental health and other public health informational notifications using automated dialing technology to your mobile telephone number.  If you respond to an SMS text message from or on behalf of Breathium, you may receive additional SMS text messages, including responses to your specific inquiries. 

You may opt out of receiving further informational SMS text messages at any time by responding to an SMS text message from or on behalf of Breathium Smoke Danger Watch Tracker, or texting our short with any of the following commands:  STOP, CANCEL, QUIT, UNSUBSCRIBE, or END.  If you opt out, you may receive up to one additional SMS text message to your mobile telephone number that provides confirmation that your request was received. 

​By opting-in to SMS text messages from Breathium Smoke Danger Watch Text, including by texting our short code or providing your mobile telephone number to your community health organization or healthcare provider in order to receive environmental health SMS text message alerts, you represent and warrant that you own, control, are the subscriber of, or are the customary user of the mobile telephone number or that you have permission from the owner, controller, subscriber, or customary user of the mobile phone number to text us.  You must immediately let the Breathium Smoke Danger Watch Tracker know if you no longer own, control, are the subscriber of, or are the customary user, or no longer have permission from the owner, controller, subscriber, or customary user of the mobile phone number you provided or previously used to text us.

​This text program is a standard SMS/MMS program and message and data rates may apply.

If you do not agree to these terms and conditions, you must unsubscribe and do not text the Breathium Smoke Danger Watch Text.  If you have previously texted Breathium Smoke Danger Watch Text, you must immediately cease texting Breathium and opt-out as provided above.

​USE OF CONTENT

Use of all Breathium Smoke Danger Watch Website and Text content is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by Breathium. Elements of the Breathium Smoke Danger Watch Website and Text are protected by trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in whole or in part.

Breathium Smoke Danger Watch Website and Text makes no warranties or representations of any kind that the services provided by the SMS Text or related website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall the Breathium Smoke Danger Watch Website and Text, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this SMS text or any linked website.

UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Breathium Smoke Danger Watch Website and Text , or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any Breathium Smoke Danger Watch Website and Text or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Breathium Privacy Statement

Effective Date: June 4, 2024

Table of Contents

• Introduction

• How we collect and use (process) your personal information

• Use of the Breathium.org websites

• Use of the Breathium services

• When and how we share information with third parties

• Transferring personal data to the U.S.

• Data Subject rights

• Security of your information

• Data storage and retention

• Questions, concerns, or complaints  

Introduction

This website is operated by Breathium, a health and wellness technology company dedicated to protecting communities from pollution headquartered in Los Angeles, California, in the United States.

We understand that you are aware of and care about your own personal privacy interests, and we take that seriously. This Privacy Notice describes Breathium’s policies and practices regarding its collection and use of your personal data, and sets forth your privacy rights. We recognize that information privacy is an ongoing responsibility, and so we will from time to time update this Privacy Notice as we undertake new personal data practices or adopt new privacy policies.

How we collect and use (process) your personal information

Breathium collects personal information about its websites’ visitors and customers. With a few exceptions, this information is generally limited to:

• name 

• address 

• email 

• phone number 

We use this information to provide prospects and customers with services. 

We do not sell personal information to anyone and only share it with third parties who are facilitating the delivery of our services.

From time to time, Breathium receives personal information about individuals from third parties. We may also collect your personal data from a third party website.

Use of the Breathium Websites

As is true of most other websites, Breathium’s websites collect certain information automatically and stores it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of Breathium’s websites, including a history of the pages you view. We use this information to help us design our site to better suit our users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our websites, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences.

Breathium has a legitimate interest in understanding how members, customers and potential customers use its websites. This assists Breathium with providing more relevant products and services, with communicating value to our sponsors and corporate members, and with providing appropriate staffing to meet member and customer needs.

Sharing information with third parties

The personal information Breathium collects from you is stored in one or more databases hosted by third parties located in the United States. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval. On occasion, Breathium engages third parties to send information to you, including information about our products, services, and events.

We do not otherwise reveal your personal data to non-Breathium persons or businesses for their independent use unless: (1) you request or authorize it; (2) it’s in connection with Breathium-hosted and Breathium co-sponsored conferences as described above; (3) the information is provided to comply with the law (for example, compelled by law enforcement to comply with a search warrant, subpoena, or court order), enforce an agreement we have with you, or to protect our rights, property or safety, or the rights, property or safety of our employees or others; (4) the information is provided to our agents, vendors or service providers who perform functions on our behalf; (5) to address emergencies or acts of God; or (6) to address disputes, claims, or to persons demonstrating legal authority to act on your behalf. We may also gather aggregated data about our services and websites’ visitors and disclose the results of such aggregated (but not personally identifiable) information to our partners, service providers, advertisers, and/or other third parties for marketing or promotional purposes.

The Breathium websites connects with third party services such as Facebook, LinkedIn, Twitter and others. If you choose to share information from the Breathium websites through these services, you should review the privacy policy of that service. If you are a member of a third party service, the aforementioned connections may allow that service to connect your visit to our site to your personal data.

Transferring personal data to the U.S.

Breathium has its headquarters in the United States. Information we collect about you will be processed in the United States. By using Breathium’s services, you acknowledge that your personal information will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. Pursuant to Article 46 of the GDPR, Breathium is providing for appropriate safeguards by entering binding, standard data protection clauses, enforceable by data subjects in the EEA and the UK. These clauses have been enhanced based on the guidance of the European Data Protection Board and will be updated when the new draft model clauses are approved.

Depending on the circumstance, Breathium also collects and transfers to the U.S. personal data with consent; to perform a contract with you; or to fulfill a compelling legitimate interest of Breathium in a manner that does not outweigh your rights and freedoms. Breathium endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with Breathium and the practices described in this Privacy Statement. Breathium also enters into data processing agreements and model clauses with its vendors whenever feasible and appropriate. Since it was founded, Breathium has received zero government requests for information.

Data Subject rights

The European Union’s General Data Protection Regulation (GDPR) and other countries’ privacy laws provide certain rights for data subjects. Data Subject rights under GDPR include the following:

• Right to be informed

• Right of access

• Right to rectification

• Right to erasure

• Right to restrict processing

• Right of data portability

• Right to object

• Rights related to automated decision making including profiling

This Privacy Notice is intended to provide you with information about what personal data Breathium collects about you and how it is used. 

If you wish to confirm that Breathium is processing your personal data, or to have access to the personal data Breathium may have about you, please contact us.

You may also request information about: the purpose of the processing; the categories of personal data concerned; who else outside Breathium might have received the data from Breathium; what the source of the information was (if you didn’t provide it directly to Breathium); and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by Breathium if it is inaccurate. You may request that Breathium erase that data or cease processing it, subject to certain exceptions. You may also request that Breathium cease using your data for direct marketing purposes. In many countries, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how Breathium processes your personal data. When technically feasible, Breathium will—at your request—provide your personal data to you.

Reasonable access to your personal data will be provided at no cost. If access cannot be provided within a reasonable time frame, Breathium will provide you with a date when the information will be provided. If for some reason access is denied, Breathium will provide an explanation as to why access has been denied.

Data storage and retention

Your personal data is stored by the Breathium on its servers, and on the servers of the cloud-based database management services the Breathium engages, located in the United States. The Breathium retains service data for the duration of the customer’s business relationship with the Breathium and for a period of time thereafter, to analyze the data for Breathium’s own operations, and for historical and archiving purposes associated with Breathium’s services. Breathium retains prospect data until such time as it no longer has business value and is purged from Breathium systems. All personal data that Breathium controls may be deleted upon verified request from Data Subjects or their authorized agents. 

Children’s data

We do not knowingly attempt to solicit or receive information from children.

Questions, concerns or complaints

If you have questions, concerns, complaints, or would like to exercise your rights, please contact us