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TERMS OF USE AGREEMENT AND PRIVACY STATEMENT

​Use of the SmartAirLA FightAsthma Tracker and its services are subject to the following Terms of Use Agreement (“TOU”).  SmartAirLA reserves the right to update the TOU at any time without notice. By receiving the SmartAirLA FightAsthma Tracker, you acknowledge and agree to these limitations as set forth.  

​SmartAirLA FightAsthma Tracker does not provide medical advice.  Nothing contained on or offered by or through the SmartAirLA FightAsthma Tracker SMS text and website should be construed as medical advice.  It is intended for informational purposes only and is not a substitute for professional medical advice, diagnosis or treatment.  

​USE OF COMMUNICATION SERVICES

SmartAirLA FightAsthma Tracker provides SMS text messaging alerts regarding environmental health conditions in specific areas.  These terms and conditions apply to all individuals and entities (“you”) that subscribe or opt-in to receive SMS text messages from the SmartAirLA FightAsthma Tracker, including by texting ASTHMA to our short code or by providing your mobile telephone number to your community health organization and/or healthcare provider and in order to receive environmental health SMS text message alerts.

​By opting-in to receive SmartAirLA FightAsthma Tracker SMS text messages, you agree to receive informational text messages from or on behalf of theSmartAirLA FightAsthma Tracker.  These text messages will contain notifications about environmental health and other informational notifications using automated dialing technology to your mobile telephone number.  If you respond to an SMS text message from or on behalf of SmartAirLA, you may receive additional SMS text messages, including responses to your specific inquiries. 

You may opt out of receiving further informational SMS text messages at any time by responding to an SMS text message from or on behalf of SmartAirLA FightAsthma Tracker, or texting our short with any of the following commands:  STOP, CANCEL, QUIT, UNSUBSCRIBE, or END.  If you opt out, you may receive up to one additional SMS text message to your mobile telephone number that provides confirmation that your request was received. 

​By opting-in to SMS text messages from SmartAirLA FightAsthma Tracker, including by texting our short code or providing your mobile telephone number to your community health organization or healthcare provider in order to receive environmental health SMS text message alerts, you represent and warrant that you own, control, are the subscriber of, or are the customary user of the mobile telephone number or that you have permission from the owner, controller, subscriber, or customary user of the mobile phone number to text us.  You must immediately let the SmartAirLA FightAsthma Tracker know if you no longer own, control, are the subscriber of, or are the customary user, or no longer have permission from the owner, controller, subscriber, or customary user of the mobile phone number you provided or previously used to text us.

​This text program is a standard SMS/MMS program and message and data rates may apply.

If you do not agree to these terms and conditions, you must unsubscribe and do not text the SmartAirLA FightAsthma Tracker.  If you have previously texted SmartAirLA FightAsthma Tracker, you must immediately cease texting SmartAirLA and opt-out as provided above.

​USE OF CONTENT

Use of all SmartAirLA FightAsthma Tracker content is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by the SmartAirLA FightAsthma Tracker. Elements of the SmartAirLA FightAsthma Tracker are protected by trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in whole or in part.

SmartAirLA FightAsthma Tracker makes no warranties or representations of any kind that the services provided by the SMS Text or related website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall the SmartAirLA FightAsthma Tracker, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this SMS text or any linked website.

UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any SmartAirLA FightAsthma Tracker or website, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any SmartAirLA FightAsthma Tracker website or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

SmartAirLA Privacy Statement

Effective Date: June 4, 2022

Table of Contents

  • Introduction
  • How we collect and use (process) your personal information
  • Use of the SmartAirLA.org websites
  • Use of the SmartAirLA services
  • When and how we share information with third parties
  • Transferring personal data to the U.S.
  • Data Subject rights
  • Security of your information
  • Data storage and retention
  • Questions, concerns, or complaints  

Introduction

This website is operated by SmartAirLA, a health and wellness technology company dedicated to protecting communities from pollution headquartered in Los Angeles, California, in the United States.

We understand that you are aware of and care about your own personal privacy interests, and we take that seriously. This Privacy Notice describes the SmartAirLA’s policies and practices regarding its collection and use of your personal data, and sets forth your privacy rights. We recognize that information privacy is an ongoing responsibility, and so we will from time to time update this Privacy Notice as we undertake new personal data practices or adopt new privacy policies.

How we collect and use (process) your personal information

SmartAirLA collects personal information about its websites’ visitors and customers. With a few exceptions, this information is generally limited to:

  • name 
  • address 
  • email 
  • phone number 

We use this information to provide prospects and customers with services. 

We do not sell personal information to anyone and only share it with third parties who are facilitating the delivery of our services.

From time to time, SmartAirLA receives personal information about individuals from third parties. We may also collect your personal data from a third party website.

Use of the SmartAirLA Websites

As is true of most other websites, SmartAirLA’s websites collect certain information automatically and stores it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of SmartAirLA’s websites, including a history of the pages you view. We use this information to help us design our site to better suit our users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our websites, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences.

SmartAirLA has a legitimate interest in understanding how members, customers and potential customers use its websites. This assists SmartAirLA with providing more relevant products and services, with communicating value to our sponsors and corporate members, and with providing appropriate staffing to meet member and customer needs.

Sharing information with third parties

The personal information SmartAirLA collects from you is stored in one or more databases hosted by third parties located in the United States. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval. On occasion, SmartAirLA engages third parties to send information to you, including information about our products, services, and events.

We do not otherwise reveal your personal data to non-SmartAirLA persons or businesses for their independent use unless: (1) you request or authorize it; (2) it’s in connection with SmartAirLA-hosted and SmartAirLA co-sponsored conferences as described above; (3) the information is provided to comply with the law (for example, compelled by law enforcement to comply with a search warrant, subpoena, or court order), enforce an agreement we have with you, or to protect our rights, property or safety, or the rights, property or safety of our employees or others; (4) the information is provided to our agents, vendors or service providers who perform functions on our behalf; (5) to address emergencies or acts of God; or (6) to address disputes, claims, or to persons demonstrating legal authority to act on your behalf. We may also gather aggregated data about our services and websites’ visitors and disclose the results of such aggregated (but not personally identifiable) information to our partners, service providers, advertisers, and/or other third parties for marketing or promotional purposes.

The SmartAirLA websites connects with third party services such as Facebook, LinkedIn, Twitter and others. If you choose to share information from the SmartAirLA websites through these services, you should review the privacy policy of that service. If you are a member of a third party service, the aforementioned connections may allow that service to connect your visit to our site to your personal data.

Transferring personal data to the U.S.

SmartAirLA has its headquarters in the United States. Information we collect about you will be processed in the United States. By using SmartAirLA’s services, you acknowledge that your personal information will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. Pursuant to Article 46 of the GDPR, SmartAirLA is providing for appropriate safeguards by entering binding, standard data protection clauses, enforceable by data subjects in the EEA and the UK. These clauses have been enhanced based on the guidance of the European Data Protection Board and will be updated when the new draft model clauses are approved.

Depending on the circumstance, SmartAirLA also collects and transfers to the U.S. personal data with consent; to perform a contract with you; or to fulfill a compelling legitimate interest of SmartAirLA in a manner that does not outweigh your rights and freedoms. SmartAirLA endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with SmartAirLA and the practices described in this Privacy Statement. SmartAirLA also enters into data processing agreements and model clauses with its vendors whenever feasible and appropriate. Since it was founded, SmartAirLA has received zero government requests for information.

Data Subject rights

The European Union’s General Data Protection Regulation (GDPR) and other countries’ privacy laws provide certain rights for data subjects. Data Subject rights under GDPR include the following:

  • Right to be informed
  • Right of access
  • Right to rectification
  • Right to erasure
  • Right to restrict processing
  • Right of data portability
  • Right to object
  • Rights related to automated decision making including profiling

This Privacy Notice is intended to provide you with information about what personal data SmartAirLA collects about you and how it is used. 

If you wish to confirm that SmartAirLA is processing your personal data, or to have access to the personal data SmartAirLA may have about you, please contact us.

You may also request information about: the purpose of the processing; the categories of personal data concerned; who else outside SmartAirLA might have received the data from SmartAirLA; what the source of the information was (if you didn’t provide it directly to SmartAirLA); and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by SmartAirLA if it is inaccurate. You may request that SmartAirLA erase that data or cease processing it, subject to certain exceptions. You may also request that SmartAirLA cease using your data for direct marketing purposes. In many countries, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how SmartAirLA processes your personal data. When technically feasible, SmartAirLA will—at your request—provide your personal data to you.

Reasonable access to your personal data will be provided at no cost. If access cannot be provided within a reasonable time frame, SmartAirLA will provide you with a date when the information will be provided. If for some reason access is denied, SmartAirLA will provide an explanation as to why access has been denied.

Data storage and retention

Your personal data is stored by the SmartAirLA on its servers, and on the servers of the cloud-based database management services the SmartAirLA engages, located in the United States. The SmartAirLA retains service data for the duration of the customer’s business relationship with the SmartAirLA and for a period of time thereafter, to analyze the data for SmartAirLA’s own operations, and for historical and archiving purposes associated with SmartAirLA’s services. SmartAirLA retains prospect data until such time as it no longer has business value and is purged from SmartAirLA systems. All personal data that SmartAirLA controls may be deleted upon verified request from Data Subjects or their authorized agents. 

Children’s data

We do not knowingly attempt to solicit or receive information from children.

Questions, concerns or complaints

If you have questions, concerns, complaints, or would like to exercise your rights, please contact us below:

(Last updated on June 4, 2022)