Fullpower Website Privacy Notice

Last updated on February 14th, 2022

Your privacy is important to us and we at Fullpower Technologies, Inc. ("Fullpower", "We", "Us" or "Our") have prepared this Privacy Notice ("Notice") to explain to you how we collect, use, and share information we obtain through your use of www.motionx.com, www.fullpower.com, www.sleeptracker.com (collectively, the "Sites"). It also describes your choices regarding use, access and correction of your personal information.

Fullpower and our partners may have different privacy notices or policies that apply to certain specific situations, such as for specific products, services, and websites. If you were given a different privacy notice or policy, those notices or policies—not this Notice—will apply to the specific situation. This Notice does not apply to websites, applications, or services that display or link to other privacy notices or policies.

1. Information We Collect and Receive

We collect information that can be used to identify you or that we can link directly to you ("Personal Information") in connection with your use of the Sites. Specifically, we collect the following Personal Information about you:

• Identity and Contact Information, such as:
  • First and last name;
  • Shipping address;
  • Email address;
  • Phone number.
• Website usage information, such as:
  • IP address;
  • Browser type, version, and language;
  • Cookie information;
  • Time zone;
  • How you interact with the Sites.

2. How We Collect and Store Information

We collect information as follows.

Directly From You:

• When you submit an inquiry to us via email or any interactive form on the Sites.

Automatically From the Sites

• When you navigate throughout our Sites.

Third Parties

• Business partners: Our business partners may disclose your Personal Information to us to respond to customer service inquiries you make to such partners. Such Personal Information may include your contact information and any other information you provide our business partners.

With Separate Consent

• We may obtain your consent to collect and use certain types of Personal Information when we are required to do so by law. If we ask for your consent to process your Personal Information, you may withdraw your consent at any time by contacting us using the details in Section 12 of this Notice.

3. How We Use Your Personal Information

We use Personal Information to provide the Sites to you. We may also use the Personal Information we collect to contact you, provide you with customer service, research and improve our products and services, and customize your experience with the Sites. We may aggregate, de-identify, and/or anonymize Personal Information (thereby making it not Personal Information) at our discretion. For the purposes of this Notice "Anonymized Information" means Personal Information that has been aggregated, de-identified, and/or anonymized.

We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, where required by law, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

4. How We Share Your Personal Information

• We share the information we collect, including your Personal Information, among our affiliates, subsidiaries, and related companies, as well as with service providers who work on our behalf, including vendors used for data storage and customer service purposes.
• When permitted by applicable law, we also disclose Personal Information to third parties such as law enforcement agencies and government authorities; subject to a court order or subpoena; to respond to and resolve claims or complaints; to prevent fraud or for risk management purposes; for research and analytics purposes; and to comply with or respond to law enforcement or legal process or a request for cooperation by a government or other entity.
• In the event that we are contemplating selling, assigning, or transferring all or part of our assets, including at bankruptcy, we transfer information, including your Personal Information, to the potential or actual buyer.
• We may also share your Personal Information in other circumstances with your consent and in accordance with applicable law.
• We may use third-party service providers to monitor and analyze your use of the Sites, including Google Analytics and Google Tag Manager, described below.
• We will not disclose any of your Personal Information to advertising platforms, data brokers, or information resellers, or for advertising, marketing, or use-based data mining purposes. We will not disclose such information to other third parties without your consent. We do not use automatic decision-making (i.e., making decisions solely by automated means without any human involvement) or profiling (i.e., automated processing of Personal Information to evaluate certain aspects of an individual).

5. How We Use Cookies

What is a Cookie?

We use various technologies to operate our Sites and collect information, including cookies and web beacons (collectively, "Cookies"). A cookie is a text file containing small amounts of information stored on your computer's hard drive when you visit a webpage. Session cookies are erased when you close your web browser or browser tab. Persistent cookies remain on your hard drive until they expire or are deleted. Cookies will also be set by third parties operating on our behalf (e.g. to help us analyze web traffic or to improve your web navigation experience).

Types of Cookies We Use

We use the following types of cookies on the Sites to help us analyze web traffic, to improve your web experience, and to better target our marketing of products and services:

• Strictly necessary cookies, which are essential in order to enable you to move around the Sites and use its features;
• Performance cookies, which collect information about how you use the Sites, for instance which pages you visit most often;
• Functionality cookies, which allow the Sites to remember choices you make (e.g. remembering your username, language or the region you are in) and provide enhanced, more personal features; and
• To analyze traffic on the Sites, an ID is assigned in these cookies to help us uniquely identify you during your session or upon repeated visits to the Sites.

Why We Use Cookies

By gathering and remembering information about your Site preferences through cookies we can provide a better web and marketing experience. Specifically, cookies enable us to:

• Tailor the Sites' operation to your needs, likes and dislikes; and
• Provide a better web experience by letting us monitor what is working and what is not.

Third-Party Cookies

When we embed third-party content on the Sites—such as videos hosted on YouTube—those third parties may place cookies on your device to track your engagement with such content.

We may also use third-party cookies to support functions on the sites, including loading of preferred fonts and javascript to ensure the proper functioning of the Sites.

How to Manage Cookies

As a user you have the ability to accept or decline the use of cookies. Where required by law, Exped USA indicates its use of cookies through a prominent banner on the Sites. Cookies can be disabled and/or removed using functionality built into most web browsers and you can refuse to accept cookies by activating this setting on your browser. You can also set up your web browser to notify you of cookie placement requests, to ask for permission to accept them, or to decline cookies completely. For information on how to adjust your browser regarding cookies, please visit:

Microsoft Edge: https://docs.microsoft.com/en-us/microsoft-edge/devtools-guide-chromium/storage/cookies

Firefox: https://support.mozilla.org/en-US/kb/block-websites-storing-cookies-site-data-firefox

Chrome: https://support.google.com/chrome/answer/95647?hl=en

Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac

Opera: https://www.opera.com/browser/tutorials/security/

Alternatively, you may wish to visit www.aboutcookies.org, which contains comprehensive information on how to do this on a wide variety of desktop browsers.

You may also visit the Network Advertising Initiative's opt-out page at http://optout.networkadvertising.org/#!/ to learn how to opt-out of third-party, interest-based targeting cookies.

If you choose to decline cookies, parts of the Sites may be unavailable to you.

Google Analytics

We use Google Analytics and Google Tag Manager, which are web analytics tools, to help us understand how users engage with the Website. Google Analytics tracks your activity on our site (i.e. the pages you have seen and the links you have clicked on) and helps us measure how you interact with the content that we provide. This information is used to compile reports and to help us improve the Website. The reports disclose website trends without identifying individual visitors. You can learn about Google's practices by going to www.google.com/policies/privacy/partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

6. How We Will Notify You If Our Notice Changes

We keep our Notice under regular review to make sure it is up to date and accurate. If we change this Notice, we will post the updated Notice and its last updated date on this page. If Fullpower makes material changes that reduce your privacy rights, Fullpower will notify you in advance by sending you an email and/or by posting a notice on the Sites.

7. Your Rights to Your Personal Information

Access, amendment, and deletion

You may request to review, make amendments, have deleted, or otherwise exercise your rights, under applicable privacy laws, over your Personal Information that we hold, subject to certain limitations under applicable law. You may submit a request to us related to your Personal Information by emailing us at privacy@fullpower.com. Please note that we may maintain copies of Personal Information that you have updated, modified, or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law. Your access to or correction of your Personal Information is subject to applicable legal restrictions and the availability of such information. Further, we may take reasonable steps to verify your identity before granting such access or making corrections.

We may not always be able to fully address your request, for example, if it would impact the duty of confidentiality that we owe to others, if we are legally entitled to deal with the request in a different way, or if relevant exemptions apply to some or all of the Personal Information subject to the request.

Additional information for certain jurisdictions

Fullpower is committed to respecting the privacy rights of individuals under all privacy laws applicable to us. At the end of this Notice, we provide specific information for individuals in certain jurisdictions, as required under certain privacy laws:

General Data Protection Regulation ("GDPR") – EEA/UK: Section 13 below provides information about data subject rights under the EU and UK GDPR and UK Data Protection Act.

California Consumer Privacy Act ("CCPA") – California Residents: Section 14 below sets forth additional information for California residents, about their rights under the CCPA.

8. Retention of Your Personal Information

We retain Personal Information in identifiable form only for as long as necessary to fulfill the purposes for which the Personal Information was provided to Fullpower or, if longer, to comply with legal obligations, to resolve disputes, to enforce agreements and similar essential purposes. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. We established internal policies and procedures regarding retention periods applicable to your Personal Information.

9. Transfers and Storage of Your Personal Information

Fullpower and its servers are located in the United States. If you are located outside the United States—such as in the European Economic Area ("EEA"), the United Kingdom ("UK"), or Switzerland—your Personal Information will be transferred to and stored in the United States and other jurisdictions in which we or our vendors operate. The data protection laws in these jurisdictions may not be equivalent to those in your jurisdiction of residence. We will take steps to ensure that your Personal Information is subject to appropriate safeguards, including, where required, by implementing appropriate adequacy measures, such as the EU standard contractual clauses (as approved by the European Commission) for the transfer of Personal Information to processors established in third countries. The current forms for the standard contractual clauses can be found at https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021D0914&from=EN and https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en.

Regardless of where your Personal Information is stored, it is subject to the retention periods (see Section 8) and security measures (see Section 11) explained in this Notice

For additional information regarding the mechanism under which your Personal Information is transferred outside of the EEA/UK, you may contact us as set forth below, in Section 12 Contact and Comments.

10. Children's Privacy

The Sites are not intended for children under the age of 16. We do not knowingly collect Personal Information from children under the age of 16. If we learn that we have collected Personal Information from or about a child under the age of 16, we will delete that Personal Information from our systems.

11. Security of Information

Fullpower takes precautions intended to help protect information that we process but no system or electronic data transmission is completely secure. Any transmission of your Personal Information is at your own risk and we expect that you will use appropriate security measures to protect your Personal Information.

If we become aware of a breach that affects the security of your Personal Information, we will provide you with notice where required by applicable law. To the extent permitted by applicable law, Fullpower will provide any such notice that Fullpower must provide to you under applicable law at your account's email address, if available. By using the Sites, you agree to accept notice electronically.

12. Contact and Comments

If you have any questions or concerns related to this Notice or our Personal Information practices, please email us at privacy@fullpower.com or by phone at +1.831.460.7070. You may also contact us via postal mail at:

Data Protection Officer
Fullpower Technologies, Inc.
1200 Pacific Avenue, Suite 300
Santa Cruz, California 95060
United States of America

13. For Users in the European Union ("EU") European Economic Area ("EEA") and the United Kingdom ("UK")

To the extent that the EU and UK GDPR or the UK Data Protection Act applies to our processing of your Personal Information, we are the data controller in respect of the Personal Information that we collect and use for the purposes indicated in Sections 1, 2, and 3 of this Notice.

Our Obligations

Under EU and UK GDPR, as a data controller, we are obligated to implement appropriate technical and organizational measures:

• to ensure and to be able to demonstrate that processing of your Personal Data is performed in accordance with the applicable law;
• for ensuring that, by default, only Personal Data which are necessary for each specific purpose of the processing are processed; and
• which are designed to implement data-protection principles.

We are also obligated to:

• maintain a record of processing activities under our responsibility;
• cooperate, on request, with the supervisory authority in the performance of our tasks; and
• notify, in some instances, the supervisory authority and/or you in the event of a Personal Data breach; and
• designate a data protection officer.

Legal bases of processing

Certain laws, including the GDPR and the UK Data Protection Act, require that we inform you of the legal bases for our processing of your Personal Information. Pursuant to the GDPR (and other similar relevant laws, such as the UK Data Protection Act), we may process Personal Information for the following legal bases:

• Performance of contract: processing of your Personal Information which is required for us to perform obligations or exercise rights under contracts that you may have with us (for example, if you use our services).
• Compliance with laws: to comply with our legal obligations (for example, maintaining information in accordance with tax, audit, or company law requirements and responding to legal process).
• Our legitimate business interests: in furtherance of our legitimate business interests including:
  • to facilitate your participation in interactive features you may choose to use on our websites and services and to personalize your experience with the services by presenting content tailored to you.
  • to correspond with you, notify you of events or changes to our services, or otherwise respond to your queries and requests for information, which may include marketing to you.
  • to provide and personalize the services.
  • for data analysis, audits, fraud monitoring and prevention, and developing new products, enhancing, improving or modifying our websites, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
  • to protect and defend our legal rights and interests and those of third parties.
• With your consent: where applicable laws require that we obtain your consent to collect and process your Personal Information, we will obtain your consent accordingly. When we obtain your consent, the GDPR (where it applies) and other applicable laws give you the right to withdraw your consent without penalty. You can do this at any time by contacting us using the details in this Notice.

Your rights

You may have the following rights in relation to that Personal Information under the EU and UK GDPR and UK Data Protection Act:

• to obtain from us confirmation as to whether or not Personal Information concerning you is being processed, and where that is the case, to request access to the Personal Information. The accessed information includes – among others – the purposes of the processing, the categories of Personal Information concerned, and the recipients or categories of recipient to whom the Personal Information have been or will be disclosed. You have the right to obtain a copy of the Personal Information undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs;
• to correct any Personal Information that we hold about you;
• to have your Personal Information removed under certain circumstances unless continued processing is necessary by law;
• to have the processing of your Personal Information restricted where you dispute its accuracy, if you think its processing is unlawful, or if you otherwise object to its processing, or when Fullpower no longer needs your Personal Information and you need it in relation to a legal claim;
• to object at any time to any processing of your Personal Information which has our legitimate interests as its legal basis. You may exercise this right without incurring any costs. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms. The right to object does not exist, in particular, if the processing of your Personal Information is necessary to take steps prior to entering into a contract or to perform a contract already concluded;
• to request that your Personal Information is provided to you or is transferred to another organization (right to data portability);
• to withdraw your consent to direct marketing or request that we change the manner in which we contact you for marketing purposes. You can withdraw your consent so that we do not transfer your Personal Information to unaffiliated third parties for the purposes of direct marketing or any other purposes;
• to obtain a copy of, or reference to, the safeguards under which your Personal Information is transferred outside the EU/EEA/UK. We may redact data transfer agreements to protect commercial terms; and
• to complain to your national data protection regulator if you feel that any of your Personal Information is not being processed in accordance with the GDPR.
• to withdraw your consent, where the processing of your Personal Information is based on consent (see Section 2 above); if you withdraw your consent, Fullpower will stop processing your Personal Information.

You may submit a request to us regarding your Personal Information held by Fullpower by email at privacy@fullpower.com. You may also submit a request to us by phone at +1.831.460.7070 . Please note that we may rely on applicable exemptions under EU, Member State, or UK law in order to deny part or all of your request. If we do so, we will inform you when responding to your request. If you are not satisfied with our response, you may lodge a complaint with your supervisory authority.

Data Protection Officer ("DPO")

You may contact our DPO at:

+1.831.460.7070
privacy@fullpower.com

Our EU Representative:

Under Article 27 of the GDPR, we have appointed an EU Representative to act as our data protection agent. Our nominated EU Representative is:

Company: Instant EU GDPR Representative Ltd
Name: Adam Brogden
Email: contact@gdprlocal.com
Tel: +353 15 549 700
Reporting link: https://fullpowertechnologiesinc.gdprlocal.com/eu
Address: Instant EU GDPR Representative Ltd, Office 2 12A Lower Main Street, Lucan Co Dublin K78 X5P8 Ireland

Our UK Representative:

Under Article 27 of the UK Data Privacy Act, we have appointed a UK Representative to act as our data protection agent. Our nominated UK Representative is:

Company: GDPR Local Ltd
Name: Adam Brogden
Email: contact@gdprlocal.com
Tel: +441 772 217 800
Reporting link: https://fullpowertechnologiesinc.gdprlocal.com/uk
Address: GDPR Local, Ltd,1st Floor Front Suite 27-29 North Street, Brighton, England BN1 1EB

14. California Residents

In this section, we provide information for California residents in connection with the CCPA. Fullpower does not currently qualify as a "business" as defined under the CCPA and is not subject to the CCPA's requirements, enforcement mechanisms, or any private right of action arising under the CCPA. Fullpower has, however, voluntarily provided the following disclosures in line with the CCPA's relevant provisions.

Categories of Personal Information We May Collect and Disclose.

Our collection, use, and disclosure of Personal Information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. In particular, the Sites collect or may have collected in the last twelve (12) months the categories of personal information as described in Section 1 above.

Use of Personal Information. We may use or disclose the personal information we collect for one or more of the business purposes indicated in Section 3 above.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Categories of Personal Information Sold. The CCPA defines a "sale" as disclosing or making available Personal Information to a third party in exchange for monetary or other valuable consideration. We do not sell Personal Information.

Sources of Personal Information. We have collected the above categories of Personal Information from the following sources:

• directly from you;
• automatically when you use Sites;
• third-parties, including third-party apps and devices.

Sharing Personal Information. We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the categories of third parties listed in Section 3 and 4 above.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Identifiers.
• Activity Data.
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
• Protected Classification Characteristics.
• Internet or other similar network activity.
• Geolocation data.
• Sensory data.
• Inferences drawn from other personal information.

We do not sell personal information. In the event that we do sell any personal information, we will update this Notice to list the categories of consumers' personal information sold.

CCPA Rights. California law grants California residents certain rights as set forth below.

• Do-Not-Sell: California residents have the right to opt-out of our sale of their Personal Information. We do not sell Personal Information, including Personal Information about residents who we know are younger than 16 years old.
• Requests to Delete: Subject to certain exceptions, California residents have the right to, at no charge, request deletion of their Personal Information that we have collected about them and to have such Personal Information deleted, except where an exemption applies.
• Request to Know: California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of Personal Information that we have collected about them in the prior 12 months and to receive information about how we have handled their Personal Information in the prior 12 months, including the:
  • categories of Personal Information collected;
  • categories of sources of Personal Information;
  • business and/or commercial purposes for collecting and selling their Personal Information;
  • categories of third parties to whom we have disclosed or shared their Personal Information;
  • categories of Personal Information that we have disclosed or shared with a third party for a business purpose; and
  • categories of third parties to whom the residents' Personal Information has been sold and the specific categories of Personal Information sold to each category of third party.
• California residents may make a Request to Know up to twice every 12 months.

Right to Non-discrimination: California residents have the right not to be subject to discriminatory treatment for exercising their rights under the CCPA. We will not discriminate against you for exercising any of your CCPA rights.

Submitting Requests. To exercise the access, data portability and deletion rights described above, you may email us at privacy@fullpower.com or via our contact form.

When processing a request by email or phone, we will take steps to verify your request by matching the information provided by you with the information we have in our records. To verify a request, we may ask for your name, email address, and any other information you have submitted to us. If we are unable to adequately verify a request, we will notify the requestor. In some cases, we may request additional information in order to verify your request or where necessary to process your request.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make such a request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.