Privacy Policy

We at AvocadoAI LLC (“Avocado,” “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Avocado in connection with our App.

By clicking “I AGREE,” or otherwise manifesting your asset to the Privacy Policy and accompanying Terms of Use, when you sign up to access and use the App, you acknowledge that you have read, understood and agree to be legally bound by the terms of this Privacy Policy and the accompanying Terms of Use.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

The Information We Collect and/or Receive

In the course of operating the App, and/or interacting with you, we will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.

1. Contact Information

If you would like to use the App, you will need to download the App from the Apple, Android or any other app store through which the App is made available to you. If you contact us for support via email or customer support contact form in any other manner, you will have to provide your email address (collectively, the “Contact Information”). The Contact Information is used to provide the requested service or information.

2. Mental Health Related Information

The App allows you to track and monitor your mental health and also keep a mental health journal in a variety of ways, including but not limited to, tracking your mood levels and anxiety and creating video and voice memos for specific situations (collectively, the “Mental Health Related Information”). Your Mental Health Related Information is stored within the App on your device. You may access, review, delete, or make changes to your Mental Health Related Information through the settings on your device. Your Mental Health Related Information is transmitted to Avocado in an anonymous way to be analyzed by our AI models and send back information to your device. No data is permanently stored or sent to any other person or entity. When subscribing to Avocado’s premium plan, you have the opportunity to synch your data on your Apple iCloud account. Avocado is in no way responsible for the protection of the Mental Health Related Information stored on your device or on Apple iCloud. You are solely responsible for the protection of such information on your device or if applicable on Apple iCloud.

3. Other Information

In addition to the Contact Information, we may collect additional information (the “Other Information”). Such Other Information may include:

From Your Activity. Information that we automatically collect when you use the App, including, without limitation:

• IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the App you visit, etc.;
• Information about a mobile device, including universally unique ID (“UUID”), App type and version (e.g., iOS or Android), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (WiFi, 2G, 3G, 4G); and
• Activity and usage information occurring via the App, including tagging data, favorites, preferences, session lengths; and similar data.

From Cookies. We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We use session cookies, which expire once you close your web browser, to help us collect Other Information and to enhance your experience using the App. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the App may not function properly.

Third-Party Analytics. We may use one or more third-party analytics services to evaluate your use of the App, compile reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the App you visit, number of links clicked while on the App, search terms and other similar usage data), and analyze performance metrics. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the App, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the App.

For Google Firebase, please visit: https://firebase.google.com/support/privacy

How We Use and Share the Information

You authorize us to use the Contact Information, Mental Health Related Information, and Other Information (collectively, the “Information”) to provide you the App, solicit your feedback, inform you about our products and services and those of our third-party marketing partners, and to improve our App.

You also authorize us to use and/or share your Information as described below.

Agents, Providers and Related Third Parties. We may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. We may also share your Information with any of our parent companies, subsidiaries, or other companies under common control with us.

Aggregated Information. In an ongoing effort to better understand our users and our App, we might analyze your Information in aggregate form in order to operate, maintain, manage, and improve the App. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our App to current and prospective business partners and to other third parties for other lawful purposes.

Business Transfers. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, your Information may be part of the transferred assets.

Legal Requirements. To the extent permitted by law, we may also disclose your Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of Avocado or others.

Group account. If you have received access to the App through a group account URL or QR Code, we will share your Information in an aggregated anonymous manner with the administrator of the group account in the form of reports.

Accessing and Modifying Information and Communication Preferences

If you have provided us any personal information, you may access, remove, review, and/or make changes to the same by contacting us at [email protected]. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “Unsubscribe” link located on the bottom of any Avocado marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.

How We Protect the Information

We take commercially reasonable steps to protect your Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such information, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

External Sites

The App may, from time to time, contain links to external websites. Avocado encourages you to review the privacy and security policies of any externally linked websites that may be accessed through the App. Avocado assumes no responsibility or liability for the information collection and disclosure practices of any external websites that a user can access through the App. Please check the privacy policies of these external websites before you submit any personal information to them.

Children’s Information

We do not knowingly collect personal information from children under the age of 18 through the App. If you are under 18, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information through the App without their permission. If you have reason to believe that a child under the age of 18 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Important Notice to Non-U.S. Residents

The App and its servers are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us maybe transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the App, you do so at your own risk.

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined in our GDPR Addendum (the “Addendum”) at the end of this Privacy Policy.

Notice to California Residents

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact us via email at [email protected].

DO NOT TRACK

Avocado does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

Notice to Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties. You can exercise this right by contacting us at [email protected] with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time with or without notice to you. Any such changes will be posted on the App. By accessing and/or using the App after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of your information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have any questions about this Privacy Policy or to report a privacy issue, please contact us in one of the following ways:

Email: [email protected]

Or write to us at:

AvocadoAI LLC 605 Geddes Street Wilmington, Delaware 19805 County of New Castle USA

GDPR Addendum

Effective as of: November [●], 2022

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined in this GDPR Addendum (the “Addendum”). For this Addendum, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to identify a person, and “processing” generally refers to actions that can be performed on data such as its collection, use, storage or disclosure. Avocado will be the controller of your Personal Data processed in connection with the Services.

Our Contact Information

Avocado is located at 605 Geddes Street, Wilmington, Delaware 19805, County of New Castle. Please use this address or, preferably, reach out to us at [email protected] for any questions, complaints, or requests regarding this GDPR Notice; please include the subject line “GDPR Request.”

[Rest of GDPR Addendum continues as in original, with “Earkick” replaced with “Avocado” and contact information updated]

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