Privacy Policy

Last Modified: February 2, 2021


INTRODUCTION

Quit Therapeutics, Inc. (“Quittercheck”,” we”, “our”, or “us”) respects your privacy and are committed to protecting it through our compliance with this Privacy Policy (“Policy”).

This Policy describes our practices for collecting, using, maintaining, protecting, and disclosing your information through https://quittercheck.com (our “Website”), our mobile application (our “App”) (collectively, the “Service” or “Services”).

Our mission is to help as many people overcome their nicotine addictions. A core element of our mission is our commitment to protect your personal information and to be transparent about the data we collect about you, how it is used, and with whom it is shared.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our terms, your choice is not to use our Services. By accessing or using our Services you agree to this Privacy Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued access or use of our Services after we make changes is deemed to be acceptance of those changes, so please check the Last Modified Date at the top of this Policy, to ensure that you are viewing the most current version of this Policy.

CHILDREN’S PRIVACY

The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Services, such as name and
contact information when you sign up for an account or information related to your smoking
habits and desired goals. Other types of information we collect is information related to how you
use our platform, which helps us improve our Services.

 

Information You Provide to Us

The categories of information we collect are:

  • Personal Information: In the course of registering on our App and using our Services, we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information we collect include your name, photograph, gender, age, email address, personal address, billing address, and phone number. Additionally, we collect video recordings of your tests to verify your adherence to your chosen plan.
  • Health and Lifestyle Information: If you choose to, you have the option of providing us with details about your smoking preferences, health history, and other information related to your health and lifestyle.
  • Non-Identifying Information: We also may collect non-identifying or non-personal information, such as zip codes, demographic data, time zone, publicly available data, and information regarding your use of the Service. (“Non-Identifying Information”).
  • Payment Information: Our Services are offered for a fee, which varies depending on the specific plan you choose. As a part of our Services, you have the ability to pledge a refundable amount of your choosing to help you stay on track with your plan. We also provide additional products, such as tests, phone mounts, and breathing tool as a part of our Services. If you choose to use our Services and purchase such products and features, we will also collect your payment information, such as credit card, billing address, and other financial information necessary to complete your transaction (“Payment Information”). By submitting your Payment Information, you consent to our providing your Payment Information to those Authorized Third-Party Service Providers, such as Stripe, as are reasonably necessary to support and process your transactions as well as your credit card issuer and banking institution. Please consult the privacy policies of the applicable Authorized Third-Party Service Providers for more information on how they manage your Payment Information.
  • User Contributions: You may have the ability to interact with parts of our Website. Your feedback is published or displayed on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed or accessed by unauthorized persons. Use precaution when posting any personal information online. Please review our Terms of Use for more information about our user guidelines.

When you provide us with information in connection with a particular activity or otherwise sign up for or order our products and Services or provide your contact information to us, including your email address or telephone number in connection with that activity, product or service, you agree that such action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to receiving communications from Quittercheck through the information you provided to us. For more information on how to access and control your communication preferences, please see YOUR RIGHTS AND CHOICES REGARDING YOUR INFORMATION, below.

 

Information Collected Automatically

As you navigate through and interact with our Website, We and our third-party service providers, including analytics and third-party content providers, may automatically collect certain information from you whenever you access or interact with the Service.

  • Usage Information. Details of your visits to our Website, including which links you clicked on, content response times, location data, logs, and other similar communication data and statistics about your interactions.
  • Device Information. Information about your computer and internet connection, including your Internet Protocol address, operating system, and browser type.

 

We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, analytics, and site functionality.

 

Cookies and Other Automatic Data Collection Technologies

Quittercheck and its partners use cookies or similar technologies, which store certain information
on your computer and allows us to, among other things, analyze trends, administer the Website,
and to gather demographic information about our user base as a whole. The technology used to
collect information automatically from Quittercheck users may include the following:

  • Cookies: Like many websites, we and our operational partners, affiliates, analytics, and service providers use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Service and to track your compliance with the Quittercheck Terms of Use) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Service, to better understand how Quittercheck Users interact with the Service and to monitor aggregate usage by Quittercheck Users and web traffic routing on the Service). You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functionality of the Service.
  • Web Beacons: We and our operational partners, affiliates, analytics, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Service, to monitor how Quittercheck Users navigate the Service, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed.
  • Embedded Scripts: We and our operational partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service.

 

Information Received from Third Parties

We also may receive information about you from third parties. For example, we and our partners, affiliates and service providers may use a variety of other technologies (such as tags) that collect statistical data relating to your Website activity for security and fraud detection purposes.

 

Do Not Track Signal

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. We do not honor browser requests not to be tracked online (known as “Do Not Track”), but our cookie policy below describes how you can opt out of receiving cookies.

HOW WE USE YOUR INFORMATION

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

  • To provide you with an Account on our Services.
  • To tailor our Services to your goals.
  • To verify your adherence to a non-smoking plan.
  • To deliver, provide, and process payment for a product or Service you have requested.
  • To improve our Services.
  • To address your inquiries.
  • To tailor content we display to you and offer we may present to you, both on the Service and elsewhere online.
  • To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent.
  • To communicate and promote to you products, services, offers, and events offered by Quittercheck
  • To comply with legal requirements and assist law enforcement.
  • To investigate fraud and to enforce our Terms of Use.
  • To protect the property rights of Quittercheck or a third party.
  • To protect the safety of the public or any person.
  • To stop any activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or a legally actionable activity.
  • To identify Quittercheck users.
  • For the purposes disclosed at the time you provide your information, and
  • As otherwise permitted with your consent.

 

Legal Bases

To process your information as described above, we rely on the following legal bases:

  • Contractual Necessity: To provide you with the Quittercheck Service and perform the contract that you have with us.
  • Legitimate Interests: It is in our legitimate interests to improve and analyze our Service, promote our products, prevent fraudulent transactions, maintain security of our Services, and provide functionality.
  • Consent: In instances where we ask for consent, you may way withdraw your consent at any time by contacting us. Please see the Contact Us section or more information.

 

HOW WE DISCLOSE AND SHARE YOUR INFORMATION

We may share information we receive about you as follows or as otherwise described in this Privacy Policy:

  • With our service providers and network partners:
  • o We employ third party companies and individuals to provide Services on our behalf, to perform Service-related operations (e.g., without limitation, maintenance services, database management, web analytics, payment processing, fraud detection and improvement of Quittercheck’s features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.
  • For corporate transactions
  • o Quittercheck may share information, including Personal Information, with any current or future subsidiaries or affiliates, primarily for business and operational purposes. We may sell, transfer, or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence
    process with any potential acquiring entity) or in the event of bankruptcy.
  • When required by law
  • o Quittercheck will share information with government agencies as required by law in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and, including without limitation, in
    connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and  legal process (including but not limited to subpoenas), or, at the request of governmental authorities or other third parties conducting an investigation where we determine in our sole discretion the disclosure is necessary to (a) protect the property and rights of Quittercheck or a third party, (b) protect the safety of the public or any person, or (c) prevent or stop activity we may consider to be, or pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify Quittercheck Users, and may do so in cooperation with third parties at our discretion.
  • With your Consent
  • o You may submit personal information to us through a form on the Website and consent to receive communication from us or our business affiliates and non-affiliates based on the information in the form.

YOUR RIGHTS AND CHOICES REGARDING YOUR INFORMATION

You have several ways to exercise control over your information:

  • Account Settings: Registered Quittercheck Users may update their choices regarding the types of communications you receive from us through your online Account settings.
  • E-Mail: You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Service (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications.
  • EU Residents – Rights regarding your Personal Information
    o Under the GDPR (General Data Protection Regulation), Quittercheck is a data controller. European residents may contact the Privacy Officer at [email protected] to access, correct, update or delete your personal information; object to our processing of this information, ask us to restrict our processing of your personal information, or request portability of your personal information. European residents who do not provide Personal Information may not be able to access the full functionality of features found on Quittercheck.

    o Upon request Quittercheck will provide you with information about whether we hold any of your personal information. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. You may access, correct, or request deletion of your personal information by making updates to that information or by contacting Quittercheck. If you request to access all personal information you’ve submitted, we will respond to your request to access within 30 days or as otherwise required by law.

    o We will use commercially reasonable efforts to honor your requests for deletion; however, certain residual information may actively persist on the Service even if you close your account. In addition, the rights described above may be limited, for example, if fulfilling your request would reveal personal information about another person, or if you ask us to delete information we are required by law to keep or have compelling legitimate interests in keeping (such as for fraud prevention purposes). Your Personal Information may remain in our archives and information you update or delete, or information within a closed account, may persist internally for our administrative purposes, to the extent permitted by law. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor Quittercheck can delete all copies of information that has been previously shared with others on the Service. If your information is deleted, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Services.

California Residents – Your California Privacy Rights

If you are a California resident, the California Consumer Privacy Act (CCPA) provides you with additional privacy rights with respect to our collection, use and disclosure of your Personal Information, including:

  • The right to know what Personal information we have collected and how we have used and disclosed that Personal Information in the 12-month period preceding your request;
    Please see the above section within this Policy titled INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT, to see the categories of Personal Information we have collected about you.o Please see the above sections within this Policy titled HOW WE USE YOUR INFORMATION and HOW WE DISCLOSE AND SHARE YOUR INFORMATION, to see applicable use and disclosures of your Personal Information.
  • The right to request deletion of your Personal Information, and;
  • The right to be free from discrimination related to the exercise of any of your privacy rights.
  • The right to opt out of the sale of your personal information, and to request information  about whether we have sold your personal information in the past 12 months.o Quittercheck does not sell personal information, and we have not done so in the last
    year. If we begin to do so, we will update this notice and provide a mechanism to
    opt out of any such sale.

For more information on how to exercise your rights, please contact us at [email protected] Please note that we may require you to verify your credentials, by matching your e-mail address, or other account information to the information in our systems, before you can submit a request to exercise any of these rights. If you authorize another person to act as your agent to submit requests on your behalf, then unless you provide the agent with power of attorney under the California Probate Code, we will ask the agent to provide us the written and signed authorization that you provided to the agent, we will confirm with you that you did provide the authorization, and we will verify your identity.

INTERNATIONAL JURISDICTIONS

Our Services are hosted and offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Services from another country, please be advised that you may be transferring your personal information to us in the US, and you consent to that transfer, processing and storage of your personal information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Services and your agreements with us. Any persons accessing our Services from any jurisdiction with laws or regulations governing the use of the Internet, including the collection, use, or disclosure of personal information, different from those of the jurisdictions mentioned above may only use the Services in a manner lawful in their jurisdiction. If your use of the Services would be unlawful in your jurisdiction, you may not use our Services.

SECURITY

We use physical, technical and organizational measures designed to protect your information against unauthorized access, theft and loss. We restrict access to your personal information to those employees who need to know that information to service your account or perform their job functions. Although we take precautions intended to help protect information that we process, no system or electronic data transmission is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate security measures to protect your personal information. You are responsible for maintaining the security of your account and the information in your account. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. You understand and agree that we may deliver electronic notifications about breaches of security to the email address on record on your account.

DATA RETENTION

Unless you request that we delete certain information (see Your Rights and Choices Regarding Your Information), We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

The criteria used to determine our retention periods include:

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

LINKS TO OTHER SITES

Our Services may include links to third-party websites and services that are not operated by us. When you click these links, you will be directed away from our Services. A link to a third-party website or service does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a third-party website or service, you are subject to its privacy practices and policies, not ours. This Privacy Policy does not apply to any personal information that you provide to these other websites and services.

Social Networking Services
When you connect with us through a social media platform, we may, depending on your privacy settings, receive some information from your social media account, and what we collect depends on your privacy settings with that social networking service. The Service may also allow you to “like” or share content with social networking services.

You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, Github and other third party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender and other information you make publicly available via the SNS) to create your account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by
the SNS independent of our Service, and Quittercheck is not responsible for it.

CHANGES TO THIS POLICY

Quittercheck may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will update the Last Modified date at the top of this Policy upon becoming effective. We may also notify you by email, in our discretion.

HOW TO CONTACT QUITTERCHECK

If you have any questions about this Privacy Policy, please contact us at [email protected]