Privacy Policy

Effective Date: October 2, 2018

This Privacy Policy explains how Airy collects, uses, and shares the personal information we collect from visitors to our websites, mobile applications, and any related online and/or mobile services or software (collectively, the “Services“). For information about how we collect and use information collected from our customers during the provision of our Services, please see “Customer Data” below. Any capitalized terms used but not defined in this Privacy Policy shall have the meaning given to them in our Terms of Service.

When we refer to “Airy“, “we“, “our“, or “us” we mean the Airy entity that acts as the controller or processor of your information. For the purposes of European Union (EU) data protection laws (“Data Protection Law“), Airy is data controller (i.e., the company who is responsible for, and controls the processing of, your personal data) when processing data of our Users, Customers, potential customers, and website visitors, and Airy is a data processor when processing Customer Data through the provision of our Services to Customers.

1. Information We Collect, How We Collect It and For What Purpose.

We collect personal information from our Users in order to provide you with a personalized, useful and efficient experience. The categories of information we collect can include:

  • Information that you provide to us. We collect information that you provide to us when you set up an account with us, use our Services, or otherwise communicate with us. For example, we may request your personal information (including, for example, your name and email address) or your applicable business information when you register for an account or purchase our Services. We may also collect any communications that you exchange with us, as well as any information you provide if you take part in any interactive features of the Services. We collect information you may provide when providing content or commentary to our Services (“User Content“).
  • Information we receive from social networking sites. When you interact with our Services through various social media, such as when you login through Facebook, we may receive information from the social network including your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, contact list, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our Services.
  • Information from other sources. We may obtain information from other sources, such as third-party information providers, or through mergers and acquisitions, and combine this with information previously collected. In these cases, our Privacy Policy governs the handling of the combined personal information.
  • Location Information. We may collect information about your location through GPS, Wi-Fi, wireless network triangulation, or other methods in order to obtain your location for the purposes of providing our Services. We may also approximate your location by your IP Address. We also use the Google Maps API to gather information about your location. Google uses various technologies to determine your location, including IP address, GPS, and other sensors that may, for example, provide Google with information on nearby devices, Wi-Fi access points, and cell towers (see Google Maps privacy policy to learn more). We maintain location information only so long as is reasonable to provide the Services and then delete location data tied to your personal information. We may maintain de-identified location data for a longer period of time in order to analyze aggregate trends and metrics.

We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you. We may also send you emails or messages related to the Services (e.g., account verification, purchase confirmation, changes or updates to features of the Services, technical and security notices). Similarly, if you request information from us through an online contact form or if you email us, we collect the information you provide (e.g., name, telephone number, email address) so that we can respond to you. For more information about your communication preferences, see “Control Over Your Information” below.

2. Legal basis for processing in the European Union

In the European Union (EU), the purposes for which we process your personal data are:

  1. Where we need to perform the contract we are about to enter into or have entered into with you for the Services;
  2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
  3. Where we need to comply with a legal or regulatory obligation in the European Union (EU).

We have set out in the table at Annex 1 a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. Please contact us at privacy@airy.co if you need details about the specific legal basis we are relying on to process your personal data where more than one legal basis has been set out.

3. How We Use Cookies and Other Tracking Technology To Collect Information.

We, and our third party partners, automatically collect certain types of usage information when you visit our Services, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, file information and similar technology (collectively, “Tracking Technologies“). For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device or your account, and other such information. We also collect information about the way you use our Services, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Services, whether you open emails or click the links contained in emails, whether you access the Services from multiple devices, and other actions you take on the Services. When you access our Services from a mobile device, 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, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Services and to understand more about the demographics of our users. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.

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 Services; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our service.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Services, as some features and services on our Services may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.

We and our third party partners may also use Tracking Technologies for advertising purposes. For more information about Tracking Technologies, please see “Third Party Tracking and Online Advertising” below.

4. How We Share Personal Information

We may share your personal information in the instances described below. For further information on your choices regarding your information, see “Control Over Your Information.”

  • We may share your personal information with our service providers, subcontractors, partners, vendors, consultants and other business partners, (including without limitation our third-party payment processor Stripe) who help us deliver or improve our service or who perform services on our behalf, such as identifying and serving targeted advertisements, processing payments, sending postal mail, providing back-office services, or measuring site traffic.
  • We may share your information with third parties for marketing purposes.
  • We may share your information for research purposes.
  • We may aggregate, or strip information of personally identifying characteristics, and then share that aggregated or anonymized information with third parties.
  • We may share or disclose your personal information if we determine, in our sole discretion, that we are required to do so under applicable law or regulatory requirements, or if we reasonably believe disclosure is necessary to prevent harm or financial loss, or in connection with preventing fraud or illegal activity, and/or to enforce our rights under our Terms and Conditions and this Privacy Policy.
  • We may share with other companies and brands owned or controlled by Airy Inc., and other companies owned by or under common ownership as Airy, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Privacy Policy.
  • We reserve the right to transfer any information we collect in the event we sell or transfer all or a portion of our business or assets (including any shares in the company) or any portion or combination of our products, services, businesses and/or assets. Should such a transaction occur (whether a divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceeding), we will use reasonable efforts to ensure that any transferred information is treated in a manner consistent with this Privacy Policy.
  • We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.

5. Customer Data

In providing our Services, our customers may upload data to our Services, which may include personal information or data about our customers’ end users (all of which we call “Customer Data“). Customer Data is owned and controlled by our customers, and any Customer Data that we maintain or process we consider to be strictly confidential. We collect and process Customer Data solely on behalf of our Customers, and in accordance with our agreements with the customers. We do not use or disclose Customer Data except as authorized and required by our customers and as provided for in our agreements with our customers.

6. Third Party Tracking and Online Advertising

We may share, or we may permit third party online advertising networks, social media companies and other third party services, to collect, information about your use of our website over time so that they may play or display ads that may be relevant to your interests on our Services as well as on other websites or apps, or on other devices you may use. Typically, though not always, the information we share is provided through Tracking Technologies, which recognize the device you are using and collect information, including hashed data, click stream information, browser type, time and date you visited the site, and other information. This information is used to display targeted ads on or through our Services or on other websites or apps, including on Facebook. We or the online advertising networks use this information to make the advertisements you see online more relevant to your interests. As noted above, depending on your browser or mobile device, you may be able set your browser to delete or notify you of Tracking Technologies by actively managing the settings on your browser or mobile device. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android). To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at http://www.aboutads.info/choices, and you may also adjust your ad preferences through your Facebook settings. You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at privacy@airy.co.

Facebook Custom Audience Ads. We may work with Facebook to display interest-based ads to you or to your friends on Facebook through a tool offered by Facebook called the Custom Audience Tool. This tool allows us to personalize our ads based on you or your friends’ experience on our Services in order to provide ads tailored for each specific recipient. We do not share personal information about your activities on our Services with Facebook, but we share a hashed email address or phone number which permits Facebook to identify our advertising audience based on the information that Facebook collects from its users. If you do not want to receive interest-based ads on Facebook, you can adjust your ad preferences through your Facebook settings. If you do not want us to use your content to personalize advertising that we direct to your friends on Facebook, you may email us at privacy@airy.co.

For more information on third-party services Airy uses to understand our Users and improve our Services, please see a full list about our Tracking Technologies.

7. Control Over Your Information

Email Communications. From time to time, we may send you emails regarding updates to our website, products or services, notices about our organization, or information about products/services we offer (or promotional offers from third parties) that we think may be of interest to you. If you wish to unsubscribe from such emails, simply click the “unsubscribe link” provided at the bottom of the email communication. Note that you cannot unsubscribe from certain Services-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).

Modifying Account Information. If you have an online account with us, you have the ability to modify certain information in your account (e.g., your contact information) through “profile,” “account”, “settings”, or “preferences” options provided on the website or service. If you have any questions about modifying or updating any information in your account, please contact us at the email address provided below. Please note that Airy does not own or control the Customer Data uploaded to our Services by our Customers, and cannot modify or delete Customer Data except at the request of our customer, or as permitted by our Terms and Conditions.

8. The General Data Protection Regulation

EU Users’ specific rights and choices. If you are located in the European Union, you have the following rights in respect of your personal data that we hold:

a. Right of access. The right to obtain access to your personal data.

b. Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.

c. Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.

d. Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data.

e. Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another.

f. Right to object. You have a right to object to processing based on legitimate interests and direct marketing.

If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy.

You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

EU-U.S. and Swiss-U.S. Privacy Shield. Airy complies with the U.S.-EU Privacy Shield Framework and U.S.-Swiss Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the from European Union member countries (including Liechtenstein, Norway & Iceland) and Switzerland to the United States, respectively. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program and to view our certification page, please visit https://www.privacyshield.gov. For more information regarding Airy’s compliance with the U.S.-EU and U.S.-Swiss Privacy Shield Principles, please see our Privacy Shield Notice.

9. Data Protection and Security

Data Retention: Following termination or deactivation of your User account, Airy may retain your information commercially reasonable time for recordkeeping, audit or other purposes. Any Customer Data that we have access to shall be retained, stored, and deleted according to our Agreement with our business customer.

For individuals based in the EU, we store personal data for as long as necessary to fulfill the purposes for which we collect the data (see above under “Information We Collect, How We Collect It and For What Purpose”), except if required otherwise by law.

Data storage and transfer: Your information may be stored and processed in the United States or any other country in which Airy or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and such transfers are made pursuant to appropriate safeguards. For more information regarding Airy’s compliance with the U.S.-EU and U.S.-Swiss Privacy Shield Principles, please see our Privacy Shield Notice.

Keeping information safe: Airy cares about the security of your information and uses commercially reasonable physical, technical and organizational measures designed to preserve the integrity and security of all information we collect. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Airy’s obligations with respect Customer Data are defined in our agreements with our customers and are not included in this Privacy Policy. Each customer will remain responsible for the privacy and security of the Customer Data that it collects and processes and for compliance with applicable data protection laws that may apply to the collection, processing and disclosure of Customer Data through the Services.

9. Links to Third-Party Websites and Services

For your convenience, our website and Services may provide links to third-party websites or services that are not governed by this Privacy Policy. To the extent that any linked third-party websites or services you visit are not owned or controlled by Airy, we are not responsible for those websites’ or services’ content or information practices. We encourage you to review the privacy policies of any site or service before providing any personal information.

10. Children’s Privacy

Airy’s website and services are intended for use strictly by adults. We do not knowingly solicit or collect personal information from children under the age of 13. If we learn that any personal information has been collected inadvertently from a child under 13, we will delete the information as soon as possible. If you believe that we might have collected information from a child under 13, please contact us at privacy@airy.co.

11. Changes to Privacy Policy

We reserve the right to change this Privacy Policy from time to time in our sole discretion. We will post changes on this page and indicate the “effective date” at the top of this page. Please check back often for any updates. Your continued use of our website or services after any change in this Privacy Policy will constitute your acceptance of such change.

12. Contact Us

For additional inquiries about this Privacy Policy, please send us an email at privacy@airy.co.

Annex 1
Legal basis for processing in the EU

Category of personal information

Purpose /Activity

Lawful basis for processing including basis of legitimate interest

Contact information and basic personal details such as your first name, last name, e-mail address and applicable business information.

We use this information to operate, maintain and provide to you the features of the Services.

The processing is necessary for:

  • the performance of a contract and to take steps prior to entering into a contract; and
  • our legitimate interests, namely administering the Services, for marketing purposes and communicating with Users.

We use this information to communicate with you, including sending Service-related communications (such as invoices and information about updates to the Services, and any news, alerts and marketing communications (in line with your settings and options)).

The processing is necessary for:

  • the performance of the contract and to take steps prior to entering into a contract; and
  • our legitimate interests, namely administering the Services, for marketing purposes and communicating with users.

We use this information to deal with enquiries and complaints made by or about you relating to the Services.

The processing is necessary for our legitimate interests, namely administering the Services, for marketing purposes and communicating with users.

Information about how you access and use the Service including, for example, how frequently you access the Services, the time you access the Service and how long you use the Service for, whether you access the Services from multiple devices, the website from which you came and the website to which you go when you leave the Services, and other actions you take on the Services.

We use this information to present the Services to you on your device.

The processing is necessary for our legitimate interests, namely to tailor the Service to the user and improve the Service generally.

We use this information to administer the Services for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes, and to help us develop new products and services.

The processing is necessary for our legitimate interests, namely communicating with users and responding to queries, complaints, and concerns, and for developing and improving the Services.

We use this information to detect and prevent fraud.

The processing is necessary for our legitimate interests, namely the detection and prevention of fraud.

Information received from third parties, such as social networks. If you interact with our Services through a social network, we may receive information from the social network such as your name, profile information, and any other information you permit the social network to share with third parties. The data we receive is dependent on your privacy settings with the social network.

We will use the personal information provided to allow you to log-in to the Services.

The processing is necessary for:

  • the performance of a contract and to take steps prior to entering into a contract; and
  • our legitimate interests, namely administering the Services, for marketing purposes and communicating with users.

We may use this information to determine products and services that may be of interest to you.

The processing is necessary for our legitimate interests, namely informing our direct marketing.

Information about your location. We collect information about your location through GPS, Wi-Fi, wireless network triangulation, or other methods in order to obtain your location for the purposes of providing our Services. We may also approximate your location by your IP Address.

We may use this information to provide you the functionalities of the Services.

The processing is necessary for:

  • the performance of a contract and to take steps prior to entering into a contract; and
  • our legitimate interests, namely administering the Services.

All personal information set out above.

We will use all the personal information we collect to operate, maintain and provide to you the features and functionality of the Services, to communicate with you, to monitor and improve our Services and business, and to help us develop new products and services.

The processing is necessary for our legitimate interests, namely to administer and improve the Services.