PRIVACY POLICY

Last Updated: October 16, 2024

1. Introduction and Overview

This privacy policy (“Privacy Policy”) describes how Cooler Screens Inc. (“CoolerX,” “we,” “our,” and/or “us”) collects, uses, and discloses information about you as well as your rights and choices about such use and disclosure. This Privacy Policy applies to your use of our websites (including www.coolerscreens.com and www.coolerx.com) (“Website”) and your interaction with digital displays in any retail location that links to this Privacy Policy (including via QR code) (collectively, the “Service”). This Privacy Policy does not apply to our information collection activities outside of the Service (unless otherwise stated below or at the time of collection).

2. Information Collection

We may collect a variety of information from or about you or your devices from various sources, as described below.

A. Information Collected through Digital Displays

We provide an in-store retail media platform and work with retailers to present advertising content on digital displays in their stores. The digital displays may use sensors and software to measure the size of their consumer audience. No videos or images are taken or stored. The software develops statistics concerning the environment where the particular digital display is located. We use those statistics for purposes of understanding consumer trends and purchase behavior, which may be used to inform advertising campaigns and product placement. The information we collect through the digital displays include:

  • Metrics, including your distance and dwell time in front of the digital displays.
  • CoolerX does not collect or retain any information that individually identifies consumers.

B. Information Provided through the Website

We collect information you provide when you use the Website, including when you request a demo or contact us. The information we collect includes information that identifies you personally (whether alone or in combination). Some examples of information you provide include the following:

  • Contact Data, including your first and last name, email address, postal address, and phone number.
  • Company Data, including your company’s name and postal address, and your title.
  • Communications Data, including your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide (such as feedback and questions to customer support). [When we send you emails, we may use embedded pixels or other technologies to track information about your receipt and interaction with our emails, such as whether and when you open them, whether you access any links included in our emails, how long you read our emails, whether you forward our emails and to whom, your Location Data (described below), and your Device Connectivity and Configuration Data (described below), to learn how to deliver a better customer experience and improve our Service.]
  • Contact Form Data, including your name, company name, email address, phone number, subject, and message.
  • Job Application Data, including information you provide on your resume, such as your education, employment experience, and professional license number.

You may choose to voluntarily submit other information to us through the Website that we do not request, and, in such instances, you are solely responsible for such information.

C. Information Collected Automatically through the Website

We automatically collect information in connection with your use of the Website. Some examples of information we automatically collect include the following:

  • Website Use Data, including data about the features you use, the pages you visit, any associated emails and advertisements you view, the time of day you browse, and your referring and exiting pages.
  • Device Connectivity and Configuration Data, including data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address.
  • Location Data, including your general location information (i.e., your IP address may indicate your general geographical region).

We use various current – and later – developed technologies to automatically collect information (“Tracking Technologies”), including the following:

  • Log Files, which are files that record events that occur in connection with your use of the Website.
  • Cookies, which are small data files stored on your device that act as a unique tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our website and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the Website. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.
  • Pixels (also known as web beacons), which is code embedded in a website, video, email, or advertisement that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, video, email, or advertisement that contains a pixel, the pixel may permit us or a third party to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate pixels from third parties that allow us to track our conversions, bring you advertising both on and off the Website, and provide you with additional functionality.

For further information on Tracking Technologies and your rights and choices regarding them, see the “Third Parties” and “Your Rights and Choices” sections below.

3. Use of Information

We use the information we collect in accordance with the practices described in this Privacy Policy, including to:

  • Provide, maintain, manage, improve, and enhance our Service.
  • Perform services requested by you.
  • Personalize your experience on our Service such as by providing tailored content and recommendations.
  • Understand and analyze how you use our Service and develop new products, services, features, and functionality.
  • Communicate with you and respond to your comments, questions, and requests, and provide customer service.
  • Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
  • Develop and provide promotional and advertising materials that may be relevant, valuable or otherwise of interest to you.
  • Generate anonymized or aggregate data containing only de-identified, non-personal information that we may use for any lawful purposes.
  • Find, prevent, and address fraud, breach of policies or terms, threats or harm, and respond to trust and safety issues that may arise.
  • Monitor and analyze trends, usage, and activities.
  • Conduct research, including focus groups and surveys.
  • Comply with laws and regulations, including enforcing our legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
  • Fulfill any other purpose disclosed to you or with your consent.

Notwithstanding the foregoing, we will not attempt to identify individually any individuals from the information collected through your interaction with digital displays, unless required by law or legal obligation.

4. Disclosure of Information

We may disclose the information we collect in accordance with the practices described in this Privacy Policy, including as follows:

Partners and Affiliates

We may disclose any information we receive to our current or future partners and affiliates for any of the purposes described in this Privacy Policy.

Service Providers

We disclose information with our agents, vendors, and other service providers (collectively “Service Providers”) in connection with their work on our behalf. Service Providers assist us with services such as camera technology, data analytics, marketing and advertising, website hosting, and technical support. Service Providers are prohibited from using information about you for any purpose other than to provide this assistance, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.

Investors

We may disclose information with our investors.

Retailers

We disclose information with our retailer customers about your interaction with digital displays in their stores. For example, we disclose information for purposes of understanding how consumers interact with their products and helping them with product placement. We will not disclose information that identifies you personally, unless required by law or legal obligations.

Media Buyers

We disclose information, such as headcount, with media buyers to help them manage and optimize their digital marketing campaigns.

Merger, Sale, or Other Asset Transfers

We may disclose your information to service providers, advisors, potential transactional partners, or other third parties in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.

Security and Compelled Disclosure

We may disclose information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose information to protect the rights, property, life, health, security and safety of us, the Service, or any third party.

Consent

We may disclose information to fulfill any other purpose disclosed to you or with your consent.

Notwithstanding the above, we may disclose information that does not identify you (including information that has been aggregated or de-identified) with third parties except as prohibited by applicable law.

5. Third Parties

Our Service may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.

6. Your Rights and Choices

A. Tracking Technology Choices

Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.

Do Not Track. There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.

Please be aware that if you disable or remove Tracking Technologies, some parts of the Service may not function correctly.

B. Promotional Communications

You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link or by emailing us at the email address set out in the “Contact Us” section below with the word UNSUBSCRIBE in the subject field of the email. Even if you opt out of receiving promotional email messages from us, you will continue to receive administrative messages from us, such as those about your account, transactions, servicing, or CoolerX’s ongoing business relations. Please note that your opt-out is limited to the email address, device, and phone number used and will not affect subsequent subscriptions.

C. Your California Privacy Rights

If you reside in California and have provided your personal information to us, you may request information once per calendar year about our disclosures of certain categories of personal information to third parties for their direct marketing purposes.

If you would like to exercise this right, please contact us in writing via email or mail as set out in the “Contact Us” section below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.

7. Children

The Service is intended for a general audience and not directed to children under thirteen (13) years of age. CoolerX does not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe CoolerX has collected such information in a manner not permitted by COPPA, please contact us as set out in the “Contact Us” section below, and we will remove such data to the extent required by COPPA.

8. Data Security

We make reasonable efforts to protect your information by using security measures designed to safeguard the information we maintain. However, because no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information.

9. International Transfer

We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, disclosure, and storage of information about you in the U.S. and other jurisdictions as set out in this Privacy Policy.

10. Changes to this Privacy Policy

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or disclose personal information previously collected from you through the Service, we will notify you through the Service, by email, or other communication.

11. Contact Us

If you have any questions or comments about this Privacy Policy, our data practices, or our compliance with applicable law, please contact us. All privacy concerns will be directed to CoolerX General Counsel and Chief Information Security officer.

Through our online form: www.coolerx.com/contact

By email: legal@coolerx.com