Privacy Policy

LAST UPDATED: 2022-11-18

MONTEREY AI PRIVACY POLICY

Insomnia Labs, Inc. d/b/a Monterey AI, Inc. (“we,” “us,” or “our”) wants you to be familiar with how we collect, use, and disclose information. This Privacy Policy describes our practices in connection with information that we collect through our websites and desktop applications in connection with which you are accessing this policy, as well as through HTML-formatted emails we send you (collectively, the “Services”).

PERSONAL INFORMATION

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. We collect Personal Information through or in connection with the Services, such as: Name

Telephone number

Email address

IP address (we may also derive your approximate location from your IP address) Picture

Google or Apple account information

Collection of Personal Information

We and our service providers collect Personal Information in a variety of ways, including:

Through the Services.

We collect Personal Information through the Services, such as when you sign up for a newsletter, create an account, contact customer service, or make a purchase.

From Other Sources.

If you connect your Google or Apple accounts to your Services account, you will share certain Personal Information from your Google or Apple accounts with us, including your name, email address, photo, files, and any other information that may be accessible to us when you connect your accounts.

We need to collect Personal Information in order to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the Services. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Use of Personal Information

We and our service providers use Personal Information for the following purposes:

Providing the functionality of the Services and fulfilling your requests.

To provide the Services’ functionality to you, such as arranging access to your account. To complete your transactions and verify your information.

To provide you with customer service.

To respond to your inquiries and fulfill your requests.

To send administrative information to you, such as changes to our terms, conditions, and policies.

Providing you with our newsletter and/or other marketing materials.

To send you marketing related emails.

Analyzing Personal Information for business reporting and providing personalized services. To analyze use of the Services.

To better understand your interests and preferences, so that we can personalize our interactions with you.

Aggregating and/or anonymizing Personal Information.

We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.

Accomplishing our business purposes.

For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements;

For fraud prevention and security monitoring purposes, including to detect and prevent cyberattacks or attempts to commit identity theft;

For developing new products and services;

For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures;

For identifying usage trends, such as to understand which parts of our Services are of most interest to users;

For determining the effectiveness of our promotional campaigns; and

For operating and expanding our business activities.

Disclosure of Personal Information

We disclose Personal Information:

To our third-party service providers, to facilitate services they provide to us.

These can include providers of such services as website hosting, data analysis, fraud prevention, information technology, and related infrastructure provision, customer service, email delivery, and auditing.

By using the Services, you may elect to disclose Personal Information.

On message boards, chat, profile pages, and other services to which you are able to post information and content. Any information you post or disclose through these services may be available to other users for collaboration as configured through the relevant settings and the general public. Through your account sharing activity. When you connect your Services account to your Google or Apple account, you will share information with your account provider. By doing so, you authorize us to facilitate this sharing, and you understand that the use of shared information will be governed by the provider’s own privacy policy.

Other Uses and Disclosures

We may also use and disclose Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law, to respond to requests from public and government authorities, to cooperate with law enforcement, and for other legal reasons; (b) to enforce our terms and conditions; and (c) to protect our rights, privacy, safety, or property, and/or that of you or others. We may use, disclose, or transfer Personal Information to a third party in connection with any proposed or actual reorganization, bankruptcy, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our assets or stock.

OTHER INFORMATION

“Other Information” is information that does not reveal your specific identity or directly relate to an identifiable individual. We and our service providers may collect and use Other Information in a variety of ways, including:

Your browser or device. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, and Internet browser type and version. We use this information to ensure that the Services function properly.

Your use of our app. When you download and use our app, we and our service providers may track and collect usage data, such as the date and time the app on your device accesses our servers, what information and files have been downloaded to the app based on your device number, and web pages you visit or links you click on while using the app. We use this information to understand how the app is used and improve it.

Cookies. Cookies are pieces of information stored directly on your computer. Cookies allow us to collect such information as browser type, time spent on the Services, pages visited, language preferences, and traffic data. We use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of

the Services in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting particular cookies from a particular website. You may also wish to refer to

http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services.

Pixel tags and other similar technologies.

Pixel tags. We may use pixel tags (also known as web beacons and clear GIFs) to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about use of the Services and response rates.

Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online services. 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.

Invisible reCAPTCHA. We use Google’s invisible reCAPTCHA application on our Services in order to protect against spam and other automated abuse. The reCAPTCHA tool may make use of cookies, as well as such other information as IP address, date, time, language, screen size and resolution, and mouse movements. The use of the reCAPTCHA tool and information collected through it are subject to Google’s privacy policy, available at https://policies.google.com/privacy and Google’s terms of service, available at https://policies.google.com/terms?hl=en.

Uses and Disclosures of Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, we may use and disclose it for the purposes for which we use and disclose Personal Information, as detailed in this Privacy Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

SECURITY

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below.

THIRD-PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating a website or service to which the Services link. The inclusion of a link on the Services does not imply our endorsement of the linked site or service.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Twitter, LinkedIn, Slack, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with our app or social media pages.

USE OF THE SERVICES BY MINORS

The Services are not directed to individuals under the age of thirteen (13), and we do not knowingly collect Personal Information from individuals under 13.

JURISDICTION AND CROSS-BORDER TRANSFER

We are located in the United States. We may store and process your Personal Information in any country where we have facilities or in which we engage service providers. By using the Services, you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

SENSITIVE INFORMATION

Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, or criminal background) on or through the Services or otherwise to us.

THIRD-PARTY PAYMENT SERVICES

The Services may provide functionality allowing you to make payments using the Apple App Store, Google Play App Store, Amazon App Store, and/or Stripe. When you use such a service to make a payment to us, your Personal Information will be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, any such third party’s collection, use, or disclosure of your Personal Information.

UPDATES TO THIS PRIVACY POLICY

The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services.

If you have any questions about this Privacy Policy, please contact us at support@monterey.ai. Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.