AXON VIBE PRIVACY STATEMENT

Axon Vibe Inc. (“we”, “us”, or “Axon Vibe”) respects the privacy of its users. This Privacy Statement (“Statement”) describes our practices with respect to information we collect from or about our users (“Your Information”) when using our services and features (collectively the “Services”) in connection with the “Smart Favorites” or similar location-based functionality (the “Functionality”). The Functionality is a free, optional add-on opt-in service which we provide through the Metropolitan Transportation Authority application (the “MTA App”). Axon Vibe is not affiliated with the MTA and provides its Services independent from the MTA App. Axon Vibe is not responsible for the MTA App and the MTA is not responsible for any Personal Information collected through the Services.

This Statement explains how Axon Vibe collects, uses, and discloses Your Information in connection with the Services, and your rights in relation to that information. By agreeing to this Statement while authorizing the Functionality and/or using the features made available to you through the Services, you are agreeing to the terms of this Statement and consenting to the collection, use, and sharing of Your Information in a manner consistent with this Statement.

What Information We Collect about You

Your Information includes information we collect and process about you such as:

Personal Information you provide to us

Precise location information. We collect precise location information from your device through GPS or other technologies, such as using WiFi signals, as well as movement sensor or pedometer data. The Functionality may collect this information in the background on your device, even if you are not currently using the Functionality. We may also collect location information directly from you through the Functionality.

We combine all of this information with other information about you (Personal Information you provide to us and/or log data) and use it to create a movement profile for your account. This information allows us to better understand the places that you visit and the patterns of your movement activity, as described further below in the section entitled “How We Use Your Information That We Collect.”

The Functionality will ask for your prior consent to the collection and use of your precise location and movement sensor for these purposes through the settings on your mobile device during the “On-Boarding Process.” If you would like to withdraw your consent to the collection and use of precise location information, you may change the settings in the Functionality. However, if you withdraw this consent and turn off the location tracking at any time, then certain Services may not be available to you.

How We Use Your Information That We Collect

Axon Vibe uses Your Information that we collect for the following purposes to improve our performance, the Functionality and the Services:

To provide our Services to you. Axon Vibe uses the information that it collects about You to provide the Services to you, which includes allowing us to identify alarms regarding travel plans. Additional services may include providing notices of third-party rewards available to you.

In addition, the Functionality collects, analyzes, and uses information about your location and movements to create a personalized map of the places you have visited and your mobility patterns. Axon Vibe will also use the collected information to offer our trip-planning services, which include delivering personalized notifications and advice about your commute, transportation options, and other services in connection with your journeys. You can opt-out of the collection of this data by turning off the location tracking at any time; however, if this opt-out is exercised, then certain Services cannot be provided to you.

We also may use Your Information and precise location information to improve the Services, such as to improve our recommendations, determine popular destinations, and improve Your user experience and the quality of our Services and Functionality.

To respond to You. If we have information about you, we also may use it to communicate with you, to respond to your questions or requests concerning the Services, to send you information about our Services, or to deliver confirmations, account information, notifications, or similar operational communications.

For legal purposes. We may use and share Your Information for legal purposes, including as described below in the section entitled “How We Share Your Information with Third Parties.”

To manage our business. We use Your Information to help us efficiently operate the Services, to count and recognize visitors to the Services, to enable certain features on the Services, and for other purposes related to managing our business.

For analytics and to improve the Services. We use Your Information to analyze how visitors use the Services and their features, to improve the Services and enhance users’ experiences, to create new products and services, and to enable additional analytics and research concerning the Services.

For other purposes. As permitted by applicable law, we may use Your Information for additional purposes in connection with the Services, as described above.

How We Share Your Information with Third Parties

We share Your Information with other parties for the following purposes described above:

Third-party service providers. Axon Vibe uses third-party service providers to help us manage and improve the Services. These service providers may collect and/or use Your Information to assist us in achieving the purposes discussed above in the section entitled “How We Use Your Information That We Collect.” For example, we may use third parties to perform data storage and processing services for us and to help us communicate with our users. These third-party service providers may use information received in the course of providing services to us only for the specific purposes for which such information was disclosed.

Affiliates. We don’t disclose Your Information to our affiliated companies.

Legal purposes. We also may use or share Your Information with third parties when we believe, in our sole reasonable discretion, that doing so is necessary:

to comply with applicable law or a court order, subpoena, or other legal process;
to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our Terms and Conditions, or situations involving threats to our property or the property or physical safety of any person or third party;
to establish, protect, or exercise our legal rights or defend against legal claims; or
to facilitate the financing, securitization, insuring, merger, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.

Anonymized information. From time to time, Axon Vibe may also share anonymized information about users of the Services, such as by publishing a report on trends in the usage of the Functionality.

Data Retention and Security

Your Information is stored and processed only in the United States. Axon Vibe uses commercially reasonable physical, electronic, and procedural safeguards to protect Your Information against loss or unauthorized access, use, modification, or deletion. We encrypt Your Information when we transfer it to third parties over the Internet. However, no security program is foolproof, and thus we cannot guarantee the absolute security of Your Information.

Axon Vibe may retain Your Information for as long as necessary to provide the Services to you and to fulfill the purposes described in this Statement. If you would like Axon Vibe to delete Your Information associated with your account, please follow the instructions in the “Reviewing, Updating, and Deleting Your Information” section below.

Reviewing and Deleting Your Information

You have the possibility to stop the collection of location information by adjusting the settings of the Functionality. You also may turn off location services on Your mobile device by visiting:

iOS: Settings > Privacy & Security, then select Location Services
Android: Settings > Personal, then select Location access

Please note, however, that the Functionality requires your precise location for certain features to work properly.

If You would like Axon Vibe to permanently delete your account and Your Information associated with your account, You may select “Clear Location History” in the Functionality. We will delete Your Information within 30 days.

If the Functionality detects no user activity for a period of 6 months, and location tracking mode is switched off and as well the movement sensor and/or the collecting of pedometer data, Axon Vibe shall assume that the user no longer wishes to use the Service and will fully and irrevocably delete all data associated with that user. You may authorize the Functionality again, but all of your historical data will have been deleted.

Children’s Privacy

The Services are not directed to children under the age of 13, and Axon Vibe will never knowingly collect information from anyone it knows is under the age of 13.

Third-Party Links, Websites, and Apps

The Services may contain links to and from the websites or apps of other third parties. If you follow a link to any of these websites or apps, please note that these websites and apps, and any services that may be accessible through them, have their own privacy policies. This includes any links to the MTA website or other MTA apps. The MTA’s collection and use of information is independent of our Services and subject to the separate terms and conditions agreed on between You and the MTA. We are not responsible for the privacy practices of the MTA or other websites or apps. We encourage our users to be aware when they leave the Services and to read the privacy policies applicable to such third-party websites and apps. This Statement applies solely to information collected in connection with the Functionality and the Services.

Changes to This Statement

Technology and the Internet are rapidly changing. Axon Vibe therefore is likely to make changes to the Services in the future and as a consequence will need to revise this Statement to reflect those changes. If we make a material changes to the Statement, you will be provided with appropriate notice in the Functionality.

Questions or Comments

If you have any questions or comments regarding this Statement, please email us at:

Email: privacy@axonvibe.com