PRIVACY STATEMENT

Effective Date: July 20, 2021

A. Introduction

Overview

B.

This privacy statement (“Privacy Statement”) applies only to the Epson View / PULSENSE View / RUNSENSE View (the “Service”), operated and owned by Seiko Epson Corporation (“Epson”). The “Site” means the website where this Privacy Statement is posted. This Privacy Statement is designed to provide information about our privacy and data collection practices for the Service, such as the types of information we collect regarding users of the Service. This Privacy Statement does not cover any information collected at any other services (unless specifically stated on the website). This Privacy Statement does not apply to services provided by other Epson entities, or services in other countries provided by other Epson entities.

By using the Site, Service, or interacting with us offline, you agree to the

and consent to our collection, use and disclosure practices, and other activities as described in this Privacy Statement.

Please review this Privacy Statement carefully. If you have questions or concerns regarding this Privacy Statement, or wish to exercise your rights and choices as provided herein, contact Epson’s privacy coordinator by following the instructions as provided in the Privacy Statement, filling out our

, or sending a letter to Epson America, Inc., Attn: Privacy Coordinator, 3131 Katella Ave., Los Alamitos, CA 90720-2335.

In addition, please review the

, or any other applicable terms and conditions, which governs your use of the Service.

California Resident Disclaimer

If you are a California resident, please see the “Additional Disclosures for California Residents” section.

C. Information Collection

Information You Provide

Epson collects information about you when you use the Site, our Service, or interact with us offline, including information you provide to Epson when you register an account, update your profile, access our content, or contact customer support. The following are the categories of information we collect and have collected in the last 12 months:

• Contact Data,

  including your profile name, email address, and country of residence/region.

• Account Credentials,

  including your username (e-mail address), password, and information for authentication and account access.

• Demographic Data,

  including your birthday, gender, and country of residence/region.

• Profile Data,

  including information entered by you, such as Nickname, Profile picture, Meal information, Sleep time information and Value that may be set by you on your device.

• Visual data,

  such as pictures or images you post on our Service.

• Other Information,

  such as pictures or images you post on our Service.

You may always elect not to submit voluntary information, however, as a result, you may not be able to access certain of the Service’s features and functionality.

Information Collected Automatically

In addition, we automatically collect information when you use the Site or Service. The following categories of information we automatically collect and have collected in the last 12 months:

• Site/Service Use Data,

  including data about features you use, pages you visit, the time of day you browse, and your referring and exiting pages.

• Device Data,

  including data about the type of device or browser you use, your device’s operating software and device identifiers such as IP address.

• Pulsense/Runsense Data,

  including the product’s Model code, Serial number, Country Destination code, Firmware version and the temperature of the device.

• Biometric Data and Measurement Data,

  including activity date and time, GPS position data, Pulse rate / heart rate data, Pressure data, Stride data, Step / Pitch data, distance data, Consumed calories, calories burned, Type of exercise, Physical strength information, Exercise time, Sleep times, Sleep patterns and Excite / relax time.

• Geolocation Data,

  including GPS location data, device location data (such as location derived from an IP address or data that indicates a city or postal code level) and, subject to your consent, latitude/longitude location data.

• Software Downloads,

  including information about your usage of products we have sold to you after you download software.

We use various current – and later – developed tracking technologies to automatically collect information when you use the Service, including the following:

• Log Files,

  which are files that record events that occur in connection with your use of the Sites and Service.

• Cookies,

  which are small data files stored on your device that act as a unique tag to identify your browser. We use the following types of cookies:, Persistent cookies and Session cookie. . 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. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.

• Location-Identifying Technologies,

  which are technologies used to collect your location. For example, GPS, WiFi, and Bluetooth may be used to collect precise location data when you consent to precise location tracking through our apps. Location data may be used for purposes such as verifying your device’s location.

For further information on how we use tracking technologies for analytics and advertising, and your rights and choices regarding them, see the “Analytics and Advertising” and “Your Rights and Choices” sections below.

Information From Other Sources

We also collect information from other sources. The following categories are the types of sources we collect information from and have collected from in the last 12 months:

• Social networks

  when you engage with our content, reference our Service, or grant us permission to access information from the social networks.

• Publicly-available sources,

  including data in the public domain.

This Privacy Statement does not cover any use of information that such party may have collected from you (e.g., type of browser, operating system, domain name, day and time of visit, page(s) visited) or the methods used by the party to collect that information (e.g., cookies, web beacons and clear gifs).

D. Use of Information

We collect and use information for business and commercial purposes in accordance with the practices described in this Privacy Statement. Our business purposes for collecting and using information, including in the last 12 months, include to:

• Operate and manage our Site and Service, including your registration and account.

• Perform services requested by you, such as respond to your comments, questions, and requests, and provide customer service.

• Sending you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.

• Preventing and addressing fraud, breach of policies or terms, and threats or harm.

• Monitoring and analysing trends, usage, and activities.

• Improving the Service, apps, products and services.

• Developing and sending you direct marketing, including advertisements and communications about our and other entities’ products, offers, promotions, rewards, events, and services.

• Conducting product promotions, including verifying your eligibility and delivering prizes in connection with your entries.

Notwithstanding the above, we may 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. For information on your rights and choices regarding how we use information about you, please see the “Your Rights and Choices” section below.

E. Sharing of Information

We share information we collect in accordance with the practices described in this Privacy Statement. The types of entities to whom we disclose and have shared information with in the last 12 months, include the following:

• Service Providers.

  We share information with entities that process information on our behalf for our business purposes. Service providers assist us with services such as data analytics, website hosting, and technical support.

• Affiliates.

  We share information with our related entities including our parent and sister companies for business purposes such as customer support, marketing, and technical operations. We also may share information with affiliates for commercial purposes.

• Merger or Acquisition.

  We share information 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 share 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 also share information to protect the rights, property, life, health, security and safety of us, the Service or anyone else.

• Consent.

  We share information with notice to you and your consent.

F. Social Media and Technology Integration

We offer parts of our Service through our Site, as well as platforms, and services operated or controlled by separate entities. In addition, we integrate technologies operated or controlled by separate entities into parts of our Site and Service. Some examples include:

• Links.

  Our Service includes links that hyperlink to websites, platforms, and other services not operated or controlled by us. We may get a commission if you purchase a product after clicking on a link to an affiliate’s website.

• Liking, Sharing, and Logging-In.

  We may embed a pixel or SDK on our Service that allows you to “like” or “share” content on, or log-in to your account through social media. If you choose to engage with such integration, we may receive information from the social network that you have authorized to share with us. Please note that the social network may independently collect information about you through the integration.

Please note that when you interact with other entities, including when you leave our Service, those entities may independently collect information about you and solicit information from you. The information collected and stored by those entities remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

G. Your Rights and Choices

Account Information

You may access, update, or remove certain information that you have provided to us through your account by visiting your account settings. Please note that we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

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.

  Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit

  http://www.allaboutdnt.com

  .

• App and Location Technologies.

  You can stop all collection of information via an app by uninstalling the app.

Please be aware that if you disable or remove tracking technologies some parts of the Service may not function correctly.

Analytics and Interest-Based Advertising

Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at

and by Google Analytics for Display Advertising or the Google Display Network at

.

Link with third-party applications

You can choose to connect and share information between the Service and Google Fit or Apple Health. You may remove access to information at any time by going to the link setting page of the Service. Epson is in no way responsible for Google’s and/or Apple’s use, storage, handling, protection of, or any other application of any information that you agree to share with Google Fit or Apple Health, which is governed by Google’s and Apple’s privacy policies and other terms, respectively. You and Google and You and Apple are solely responsible for such information. Please review Google’s and Apple’s applicable privacy policies and terms before connecting and sharing information between the Service and Google Fit or Apple Health.

• Google Fit and Apple Health.

  If you connect the Service with Google Fit or Apple Health, the following data is shared with the Service from Google Fit or Apple Health, as applicable:

  • Body weight

  • Body fat percentage

  • Calories intake

  If you connect the Service with Google Fit or Apple Health, the following data from the Service is shared with Google Fit or Apple Health, as applicable:

  • Exercise calories burned

  • Number of steps

  • Heart rate

  • Activity sessions (Workout)

  • Sleep Information (Deep sleep time and light sleep time)

H. Children’s Privacy Protection

Epson is aware of the heightened need to protect the privacy of children under the age of 13. The Sites are not intended for children and are not targeted to children under the age of 13. Epson does not knowingly collect personal information from children (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”). If we learn that we have collected personal information from a child under the age of 13, we will delete this information. If you are a parent or guardian and you believe we have collected personal information from your child in a manner not permitted by law, contact us at

. We will remove the personal information to the extent required by applicable laws.

We do not knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.

If you are a California resident under 18 years old and registered to use the Service, you can ask us to remove any content or information you have posted on the Service. To make a request, email us at

with “California Under 18 Content Removal Request” in the subject line, and tell us what you want removed. We will make reasonable good faith efforts to remove the post from prospective public view, although we cannot ensure the complete or comprehensive removal of the content and may retain the content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

I. Data Security

Epson takes commercially reasonable steps to help protect and secure Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information we collect, and you use our Sites and provide us with your information at your own risk.

J. Accessing the Service from third-party applications

Epson is not responsible or liable for the third-party applications that you download onto your mobile device or its availability, content, accuracy or privacy and data collection practices. Applications developed by third-parties are not operated or controlled by Epson. These third-party applications may have access to the Service to enable analysis of exercise and calories burned. The data collected by these third-party applications is subject to such third-party application’s terms of use and privacy policy. If you decide to download or access the third-party application, you do so entirely at your own risk. We recommend that you review the privacy and data collection practices of such third-party application.

K. Disability Accommodations

If you have a disability and would like to access this Privacy Statement in an alternative format, please contact us at

.

L. Data Subject in European Economic Area Consent to Transfer Information

This Privacy Statement is intended to apply to the collection and processing of personal information from customers and individuals in the United States. If you are a Data Subject in European Economic Area, see the privacy statement for your country. The Service is operated in Japan. If you are located in the United States, European Union, Canada or elsewhere outside of Japan and are accessing the Service, please be aware that information we collect, including Personal Information, will be transferred to, processed and stored in Japan and, as such, courts and other authorities in Japan may, in certain circumstances, be entitled to access your Personal Information. By using the Service or providing us with any information through the Sites, you consent to this transfer, processing and storage of your information in Japan.

M. Changes to this Statement

Epson may from time to time and without prior notice revise this Privacy Statement. Any changes will be effective immediately when the revised statement is posted on the Sites. We will not, however, use your Personal Information in a manner materially different than what was stated in the statement posted on the Sites at the time your Personal Information was collected unless we receive your consent.

N. Contacting Us

If you have any questions about our Privacy Statement, our practices, or your dealings with the Sites, wish to request access to or correction or update of your Personal Information, wish to withdraw your consent (subject to legal or contractual restrictions and reasonable notice), or you have reason to believe Epson may have failed to adhere to this Privacy Statement, you can contact us by using the

, or you can write to:

Epson America, Inc.

Attn: Privacy Coordinator

3131 Katella Ave., Los Alamitos, CA 90720-2335

O. Additional Disclosures for California Residents

These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“

CCPA

”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.

Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:

• Identifiers,

  including nickname, profile data, email address and IP address.

• Demographics,

  such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.

• Internet activity,

  including your interactions with our Service.

• Device Information,

  including device serial number, device model and device firmware version.

• Device and Usage Data,

  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.

• Visual data,

  such as pictures or images you post on our Service.

• Geolocation data,

  including location enabled services such as GPS.

For more information on information we collect, including the sources we receive information from, review the

section. We collect and use these categories of personal information for the business purposes described in the

section, including to provide and manage our Services.

Company does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in the

section as a “sale,” we will comply with applicable law as to such activity. Company discloses the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, internet activity, geolocation data and inferences. We use and partner with different types of entities to assist with our daily operations and manage our Service. Please review the

section for more detail about the parties we have shared information with.

Right to Know and Delete

If you are a California resident, you have the right to delete the personal information we have collected from you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

• The categories of personal information we have collected about you;

• The categories of sources from which the personal information was collected;

• The categories of personal information about you we disclosed for a business purpose or sold;

• The categories of third parties to whom the personal information was disclosed for a business purpose or sold;

• The business or commercial purpose for collecting or selling the personal information;

• The specific pieces of personal information we have collected about you.

To exercise any of these rights, please submit a request through our online form available at

or call our toll free number at 1-800-822-0313. In the request, please specify which right you are seeking to exercise. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

Shine the Light

Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in “Contact Us” above and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

Additional Disclosures for Nevada Residents.

Nevada consumers may submit requests directing businesses not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to obtain information about our compliance with Nevada law, please contact us at

.