Privacy Policy

Updated April 4, 2024

Scope: This Privacy Policy describes how the Company handles its users’ Personal Data. This Policy applies unless a different privacy policy appears on any website. This Privacy Policy provides material terms by which a user expressly consents to the Company’s collection, storage, use and disclosure of users’ Personal Data.

THESE TERMS AND CONDITIONS LIMIT YOUR RIGHTS IN RESOLVING ANY DISPUTE SUCH AS BINDING ARBITRATION AND CLASS ACTION WAIVER. BY USING THE COMPANY’S SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE PRIVACY POLICY AND THAT YOU HAVE OBTAINED LEGAL ADVICE TO THE EXTENT NECESSARY FOR YOU TO ENTIRELY UNDERSTAND IT.

We (“our” or “us”) are committed to protecting your privacy. This Privacy Policy explains how your Personal Data is collected, used, and disclosed by us.

This Privacy Policy applies to our software application, Active SOS, and its associated subdomains (collectively, our “Service”). By accessing or using our Service, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms & Conditions.

Definitions and Key Terms

To help explain things as clearly as possible in this Privacy Policy, every time any of these terms is referenced, it is strictly defined as:

Cookie: A small amount of data generated by a website and saved by your web browser. It can be used to identify your browser, to provide analytics, and to store information about you such as your language preference, your login information, and the like.
Company: When this policy refers to “Company,” “we,” “us,” or “our,” it refers to Calm Water Trading LLC, (12520 Rockwood Avenue, Oklahoma City, OK 73170).
Country: Where the Company is based, which is the United States of America.
Customer: Refers to the entity or individual that signs up to use the Service.
Device: Any Internet connected device such as a phone, tablet, computer or any other device that can be used to access the Service.
Internet Protocol (IP) address: A number assigned by the Internet Corporation for Assigned Numbers Authority (ICANN) when a device connects to the Internet. It functions to identify network identification and location addressing.
Personnel: Refers to employees, representatives, and agents of the Company.
Personal Data: Information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person. This is sometimes referred to as end user data.
Third-party: Refers to entities or individuals other than you and the Company such as advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services might interest you.
You: An entity or individual registered with the Company to access the Service.

What Information Do We Collect?

You can browse the Company’s websites without revealing any Personal Data. However, once you reveal Personal Data, you do so giving consent to the transfer and storage of your Personal Data.

We can collect the following information from you such as when you access the Service, register on our website, place an order, subscribe to our newsletter, respond to a survey, or fill out a form.

Name / Username
Phone Numbers
Email Addresses
Debit / Credit Card Numbers
Age
Password

We can also collect information from mobile devices for a better user experience, although these features are completely optional:

Location (GPS): Location data helps to create an accurate representation of your interests and can be used to deliver more targeted and relevant ads to users.
Phonebook (Contacts List): Your contacts list makes the Service much easier to use.
Photo Gallery (Pictures): Granting photo gallery access allows uploading any picture from a user’s photo gallery.

When does the Service use Personal Data from Third-parties?

The Service can collect Personal Data from Third-parties that is necessary to provide the Service to our customers. For example, end users can voluntarily provide us with information they have made publicly available on social media websites. You can control privacy settings on social media websites to define what Personal Data is publicly available.

We also receive some information from Third-parties when you contact us. For example, when you submit your email address to us for showing interest in becoming a customer, we can receive information from a Third-party that provides automated fraud detection information.

Do We Share the Information We Collect with Third-parties?

We WILL NOT sell the information that we collect, neither Personal Data nor non-Personal Data, with any Third-party such as a broker not involved in providing the Service. We can be required to provide Personal Data to Third-parties such as advertisers, contest sponsors, promotional and marketing partners, and others who provide our content. We will not share your Personal Data with any Third-party who will use your Personal Data to cross-market or market other products or services that might interest you.

Our only Third-party associations are with affiliated companies and business partners that are necessary for providing the Service. However, if we are involved in a merger, asset sale or other business reorganization, we can also share or transfer your Personal Data and non-Personal Data to our successors-in-interest.

We can engage trusted Third-party service providers to perform functions and provide services to us, such as hosting, server and Service maintenance , database storage and management, email management, storage management, credit card processing, customer service, order fulfillment, and the like. We can share your Personal Data with these Third-parties.

We can share portions of our log file data, including IP addresses, for analytics purposes with Third-parties such as web analytics partners, application developers, and ad networks. If your IP address is shared, it can be used to estimate general location and other technographics such as connection speed, whether you have visited the app in a shared location, and type of the device used to access the Service. These Third-parties can aggregate information about our advertising and what you see on the Service and then provide services such as auditing, research, and reporting for us and our advertisers.

We can also disclose your Personal Data and non-Personal Data to government and law enforcement officials, and to other private Third-parties as we, in our sole discretion, believe necessary or appropriate in order to respond to claims, legal process (including subpoenas), to protect our rights and interests or those of a Third-party, to protect the safety of the public or any entity or individual, to prevent or stop any illegal, unethical, or legally actionable activity, and to otherwise comply with applicable court orders, laws, rules and regulations.

How Do We Use the Information We Collect?

Any of the information we collect from you can be used in one of the following ways:

To personalize your experience (your information helps us to better respond to your individual needs)
To improve the Service (we continually strive to improve our offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions
To administer a contest, promotion, survey or other website feature
To send periodic emails

How Do We Use Your Email Address?

By submitting your email address, you agree to receive emails from us. You can cancel your participation in any of these email lists at any time by clicking on the opt-out link or other unsubscribe option that is included in the respective email. We include detailed unsubscribe instructions at the bottom of each email.

We only send emails to people who have authorized us to contact them, either directly, or through a Third-party. We do not send unsolicited commercial emails, because we hate spam as much as you do. By submitting your email address, you also agree to allow us to use your email address for customer audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us. Email addresses submitted only through the order processing page will be used for the sole purpose of sending you information and updates pertaining to your order. If, however, you have provided the same email to us through another method, we can use it for any of the purposes stated in this Policy.

How Long Do We Keep Your Information?

We keep your information only so long as we need it to provide the Service to you and fulfill the purposes described in this Policy. This is also the case for any Third-party that we share your information with and who carries out services on our behalf. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we’ll either remove it from our systems or depersonalize it so that we can’t identify you.

How Do We Protect Your Information?

We implement a variety of security measures to maintain the safety of your Personal Data when you place an order or enter, submit, or access your Personal Data. We use a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider’s database. Your information is only accessible by those authorized with special access rights to such systems, and who are obligated to keep your information confidential. After a transaction, your Personal Data (credit cards, social security numbers, financials, etc.) is never kept on file. We cannot, however, ensure or warrant the absolute security of any information you transmit to us, and we cannot guarantee that your information on the Service cannot be illegally accessed, disclosed, altered, or destroyed by a Third-party breach of our physical, technical, and managerial safeguards.

Could My Information Be Transferred to Other Countries?

The Company is incorporated in United States. Information collected via our Service, through direct interactions with you or from use of our help services, can be transferred from time to time to our offices or personnel, or to Third-parties located throughout the world. Accordingly, it is possible your information can be viewed and hosted anywhere in the world, including countries that might not have laws of general applicability regulating the use and transfer of such information. To the fullest extent allowed by applicable law, by using the Service, you voluntarily consent to the trans-border transfer and hosting of your information.

Is the Information Collected Through the Service Secure?

We take extensive precautions to protect the security of your information. We have physical, electronic, and managerial procedures to safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes or fail to follow policies. Therefore, while we use reasonable efforts to protect your Personal Data, we cannot guarantee its absolute security. If applicable law imposes any non-disclaimable duty to protect your Personal Data, you agree that intentional misconduct will be the legal standard used to measure our compliance with that duty.

Can You Update or Correct Your Information?

The rights you have to request updates or corrections to the information the Company collects depend on your relationship with the Company. Personnel can update or correct their information as detailed in our internal company employment policies.

Customers have the right to request the restriction of certain uses and disclosures of Personal Data as follows. You can contact us in order to (1) update or correct your Personal Data, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the Personal Data maintained about you in the System (subject to the following paragraph) by cancelling your account. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to Third-parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we can take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections.

Your password is the key to your account. You should use unique numbers, letters, and special characters to define your password. You are responsible for maintaining the secrecy of your unique password and account information at all times. If you do share your password or Personal Data with another person, you are responsible for all actions taken in the name of the account. If you lose control of your password, you may lose substantial control over your Personal Data and may be subject to legally binding actions taken on its behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our System. The need to back up our System to protect information from inadvertent loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate. Promptly after receiving your request, all Personal Data stored in databases we actively use, and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable.

If you are an end user and wish to update, delete, or receive any information we have about you, you can do so by contacting the organization of which you are a customer.

Personnel

If you are a Company worker or applicant, we collect information you voluntarily provide to us. We use the information collected for human resources purposes in order to administer benefits to workers and screen applicants.

You can contact us in order to (1) update or correct your information, (2) change your preferences with respect to communications and other information you receive from us, or (3) receive a record of the information we have relating to you. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to Third-parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.

Sale of Business

We reserve the right to transfer information to a Third-party in the event of a sale, merger or other transfer of all or substantially all of the assets of the Company or any of its Corporate Affiliates (as defined herein), or that portion of the Company or any of its Corporate Affiliates to which the Service relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the Third-party agrees to adhere to the terms of this Privacy Policy.

Affiliates

We can disclose information (including Personal Data) about you to our Corporate Affiliates. For purposes of this Privacy Policy, “Corporate Affiliate” means any entity or individual that directly or indirectly controls, is controlled by or is under common control with the Company, whether by ownership or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.

Governing Law

This Privacy Policy is governed by the laws of the State of Oklahoma and the United States without regard to its conflict of laws provision. You consent to the exclusive jurisdiction of the courts in connection with any action or dispute arising between the parties under or in connection with this Privacy Policy except for those individuals who may have rights to make claims under Privacy Shield, or the Swiss-US framework. Your use of the Service may also be subject to other local, federal, or international laws.

Your Consent

We’ve updated our Privacy Policy to provide you with complete transparency into what is being set when you visit our website and how it’s being used. By using our Active SOS, registering an account, or making a purchase, you hereby consent to our Privacy Policy and agree to its terms.

By using the Service or contacting us directly, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you cannot engage with our Service. Continued use of the Service or direct engagement with us following the posting of changes to this Privacy Policy that do not significantly affect the use or disclosure of your Personal Data means that you accept those changes.

Links to Other Websites

This Privacy Policy applies only to the Service. The Service may contain links to other Third-party websites not operated or controlled by the Company. We are not responsible for the content, accuracy or opinions expressed in such Third-party websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such Third-parties can use their own cookies or other methods to collect information about you.

Cookies

We use “Cookies” to identify the areas of our Service that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our Service, but they are not all essential to our Service. However, without these Cookies, certain functionality like videos may become unavailable, or you could be required to enter your login details every time you visit the Service as we would not be able to recall the fact that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you might not be able to access functionality on our Service correctly or at all. We never place Personal Data in Cookies.

No Spam, Spyware, and the Like

We do not tolerate spam. You are not licensed or otherwise permitted to add another user, even a user with whom you have previously had a transaction, to any mailing list (email or physical mail) without their express consent. You cannot use the Company’s communication tools to send spam or otherwise send content that would violate this Privacy Policy. We automatically scan and filter messages checking for spam, viruses, phishing attacks and other malicious activity of illegal or prohibited content, but we do not always permanently store messages sent through these tools.

Blocking and Disabling Cookies and Similar Technologies

Wherever you’re located you can also set your browser to block Cookies and similar technologies, but this action might block our essential Cookies and prevent our Service from functioning properly. As a result, you might not be able to fully utilize all of the Service features. You should also be aware that you might lose some saved information (e.g. saved login details, site preferences) if you block Cookies on your browser. Different browsers make different controls available to you. Disabling a Cookie or category of Cookies does not delete the Cookie(s) from your browser. You will need to do this yourself from within your browser, you should visit your browser’s help menu for more information.

Payment Details

In respect to any credit card or other payment processing details you have provided us, we commit that this confidential information will be stored in the most secure manner possible.

Kids’ Privacy

We collect information from kids under the age of 13 just to better our services. If You are a parent or guardian and you are aware that your child has provided us with Personal Data without your permission, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.

Changes to Our Privacy Policy

We can change our Service and policies, and we might need to make changes to this Privacy Policy so that it accurately reflects our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to this Privacy Policy and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Privacy Policy. If you do not want to agree to this or any updated Privacy Policy, you can delete your account.

Third-Party Services

We can display, include or make available Third-party content (including data, information, applications and other products and services) or provide links to Third-party websites or services (“Third- Party Services”).

You acknowledge and agree that the Company is not responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and does not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such Third-parties’ terms and conditions.

Facebook Pixel

Facebook Pixel is an analytics tool that allows you to measure the effectiveness of your advertising by understanding the actions people take on your website/app. You can use Pixel to make sure your ads are shown to the right people. Facebook Pixel can collect information from your device when you use the service. Facebook Pixel collects information that is held in accordance with its Privacy Policy.

Tracking Technologies

Google Maps API

Google Maps API is a robust tool that can be used to create a custom map, a searchable map, check-in functions, display live data synching with location, plan routes, or create a mashup just to name a few.

Google Maps API can collect information from you and from your device for security purposes.

Google Maps API collects information that is held in accordance with its Privacy Policy.

Local Storage

Local storage, sometimes known as DOM storage, provides web apps with methods and protocols for storing client-side data. Web storage supports persistent data storage, similar to Cookies but with a greatly enhanced capacity and no information stored in the HTTP request header.

Information About General Data Protection Regulation (GDPR)

We can collect and use information from you if you are from the European Economic Area (EEA). In this section of our Privacy Policy we are going to explain exactly how and why this data is collected, and how we maintain this data under protection from being replicated or used in the wrong way.

What is GDPR?

GDPR is an EU-wide privacy and data protection law that regulates how EU residents’ data is protected by companies. It enhances the control the EU residents have over their Personal Data.

The GDPR is relevant to any globally operating company and not just the EU-based businesses and EU residents. Our customers’ data is important irrespective of where they are located, which is why we have implemented GDPR controls as our baseline standard for all our operations worldwide.

What is Personal Data?

Personal Data is any data that relates to an identifiable or identified individual. GDPR covers a broad spectrum of information that could be used on its own, or in combination with other pieces of information, to identify a person. Personal Data extends beyond a person’s name or email address. Some examples include financial information, political opinions, genetic data, biometric data, IP addresses, physical address, sexual orientation, and ethnicity.

The Data Protection Principles include requirements such as:

Personal Data collected must be processed in a fair, legal, and transparent way and should only be used in a way that a person would reasonably expect.
Personal Data should only be collected to fulfil a specific purpose and it should only be used for that purpose. Organizations must specify why they need the Personal Data when they collect it.
Personal Data should be held no longer than necessary to fulfil its purpose.
People covered by the GDPR have the right to access their own Personal Data. They can also request a copy of their Personal Data, and that their Personal Data be updated, deleted, restricted, or moved to another organization.

Why is GDPR important?

GDPR adds some new requirements regarding how companies should protect individuals’ Personal Data that they collect and process. It also raises the stakes for compliance by increasing enforcement and imposing greater fines for breach. Beyond these facts it’s simply the right thing to do. We strongly believe that your data privacy is very important, and we already have solid security and privacy practices in place that go beyond the requirements of this new regulation.

Personal Data Subject’s Rights – Data Access, Portability and Deletion

We are committed to helping our customers meet the data subject rights requirements of GDPR. We process and store all Personal Data in fully vetted, DPA compliant vendors. We store all conversation and Personal Data for up to 6 years unless your account is deleted. In which case, we dispose of all data in accordance with our Terms of Service and Privacy Policy, but we will not hold it longer than 60 days.

We are aware that if you are working with EU customers, you need to be able to provide them with the ability to access, update, retrieve and remove Personal Data. We got you! We’ve been set up as self-service from the start and have always given you access to your data and your customers’ data. Our customer support team is here for you to answer any questions you might have about working with the API.

California Residents

The California Consumer Privacy Act (CCPA) requires us to disclose categories of Personal Data we collect and how we use it, the categories of sources from whom we collect Personal Data, and the Third-parties with whom we share it, which we have explained above.

We are also required to communicate information about rights California residents have under California law. You can exercise the following rights:

Right to Know and Access. You can submit a verifiable request for information regarding the: (1) categories of Personal Data we collect, use, or share; (2) purposes for which categories of Personal Data are collected or used by us; (3) categories of sources from which we collect Personal Data; and (4) specific pieces of Personal Data we have collected about you.
Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.
Right to Delete. You can submit a verifiable request to close your account and we will delete Personal Data about you that we have collected.
Request that a business that sells a consumer’s Personal Data, not sell the consumer’s Personal Data.

If you make a request, we have up to one month to respond to you. If you would like to exercise any of these rights, please contact us.

We do not sell the Personal Data of our users.

For more information about these rights, please contact us.

California Online Privacy Protection Act (CalOPPA)

CalOPPA requires us to disclose categories of Personal Data we collect and how we use it, the categories of sources from whom we collect Personal Data, and the Third Parties with whom we share it, which we have explained above.

CalOPPA users have the following rights:

Right to Know and Access. You can submit a verifiable request for information regarding the: (1) categories of Personal Data we collect, use, or share; (2) purposes for which categories of Personal Data are collected or used by us; (3) categories of sources from which we collect Personal Data; and (4) specific pieces of Personal Data we have collected about you.
Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.
Right to Delete. You can submit a verifiable request to close your account and we will delete Personal Data about you that we have collected.
Right to request that a business that sells a consumer’s Personal Data, not sell the consumer’s Personal Data.