VapeTM Application Privacy Notice

Last Updated: October, 2024

This VapeTM Application Privacy Notice (“Privacy Notice”) describes the information collected through the VapeTM mobile application (the “App”) and how that information is collected, used, and disclosed. JBW Vapor Distribution, LLC (dba VapeTM) (together with its affiliates, subsidiaries and related companies, “Company,” “we,” “us,” or “our”) and its suppliers may collect or receive the types of information described below as a result of your access to and use of the App (together, “Collected Information”). This Privacy Notice applies to all visitors to and users of the App. This Privacy Notice also explains your rights and choices regarding your personal information (if applicable), how we communicate changes to this Privacy Notice, and how you may contact us regarding questions or issues with respect to any matter addressed by this Privacy Notice.

By accessing, browsing, or otherwise using the App, by accepting or entering into any agreement permitting your access to this App, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand this Privacy Notice and that you consent to our collection, use, and disclosure of your personal information and other Collected Information pursuant to the terms of this Privacy Notice. If you do not agree with this Privacy Notice, do not access or use the App.

Table of Contents

1. Changes to this Privacy Notice

2. Information We Collect and How We Use It

3. Other Information Collected

4. Retention of Personal Information

5. Accuracy & Information Security

6. Access by Children

7. Third-Party Websites and Services

8. Contact Us

Changes to this Privacy Notice

We reserve the right to modify this Privacy Notice at any time. All changes will be effective immediately upon posting of the updated Privacy Notice on the App and by accessing or using the App after any changes are made, you agree to those changes. Material changes will be clearly posted on the App or otherwise communicated to you (e.g., via email).

Information We Collect and How We Use and Disclose It

Collection. We will collect any and all information that you choose to submit to us through, using, or in connection with the App, including, without limitation, the types of information described below.

Purposes We Process Your Information For. In addition to the uses and sharing described above, Company and its suppliers may use and disclose Collected Information as described below. We do not use, sell, rent, or otherwise disclose Collected Information except as stated in this Privacy Notice and as required or permitted by applicable law.

• Services and Purpose Collected; Communication with You. We will use and share your personal information and other Collected Information for the purpose for which it was collected, for example, to process and communicate with you in connection with your use of the App (including, for example, your purchases and account activity), your requests for information, to administer your account (where applicable) and Company business activities, to provide customer support to users of the App, and to provide you communications that you request.

• Personalization; Analytics. To tailor the content and information that we may send or display to you, to suggest personalized help and instructions, and to otherwise personalize your experience while visiting or using our App. Additionally, we may collect your information and share it with our third party service providers to understand how our App are used and to improve the App.

• Promotional Communications. Company may, to the extent permitted by applicable law and in accordance with your preferences, use Collected Information to send you promotional communications about Company and our products and services. Company will obtain your prior consent for such promotional communications solely to the extent required by applicable law. In order to provide you with a personalized experience, these communications may be tailored to your preferences based on, for example, inferences we make using your visits to the App or the links you click on in Company emails. Please note that pixel tags, cookies and other online trackers may be used within emails to track your interactions with those websites and when emails are opened. You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions contained in the applicable email or by contacting us using the contact information provided below under “Contact Us.” Specifically with regard to text messaging, if you opt in to receiving text messages (SMS and MMS) on the App when prompted, Company may send you autodialed and other text messages at the telephone number you provide relating to your use of the App. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. Message and data rates may apply. Note that, even if you opt out of receiving promotional communications from Company, you may still receive administrative communications from us with respect to your use of the App.

• Disclosing Collected Information.

• To our Affiliates, Subsidiaries, and Related Entities: Based on how you use the App and the information that you provide to or request from us, we may disclose your name, contact information, and related Collected Information with our affiliated companies. By providing us your Collected Information and using the App, you hereby direct us to disclose your information to our affiliates, subsidiaries and other related entities. Our affiliated companies may contact you directly with respect to such products and services, provided that if applicable law requires, your prior consent will be obtained. You may opt out of receiving communications from any such affiliated company pursuant to that affiliate’s own policies. You may opt out of receiving communications from us by contacting us using the information below under “Contact Us.” 
• To Our Third-Party Suppliers and Service Providers: We will disclose Collected Information to our and our affiliates’ respective suppliers, vendors, and service providers as necessary for us to provide the App and our products and services to you and to engage in the use and sharing of Collected Information as permitted by this Privacy Notice and applicable law. These third parties include, without limitation, our website management and hosting suppliers, fraud detection and other security providers, customer support providers, those handling the processing and delivery of mailings, cloud storage providers, marketing and advertising partners and service providers, website analytics providers, payment processors (if and as applicable), product installers, and email service suppliers. Our service providers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable products and services to us and as provided by their own privacy policies and our agreements with those third parties.

• Evaluation and Improvement. We may use and disclose Collected Information to analyze, develop, and improve the content, materials, products, and services that we provide; to inform marketing and communication plans and strategies; to understand user demographics and preferences; to analyze the effectiveness of the App; and to evaluate user needs and customize App content and the user experience. To better understand how users access and use our App, both on an aggregated an individualized basis, including monitoring, evaluating, and analyzing which features and portions of the App are most popular; for troubleshooting, for statistical purposes, including, for example, identifying geographic regions of visitors to our App; evaluating frequently asked questions from visitors; and for other statistical purposes.

• Quality Assurance. In order to perform quality assurance and to continuously improve our customers’ experience, to assist with fraud identification, and to assist our customer relationship representatives (for example, through representatives in our call center), we use tools to monitor and record certain user experience information, including, without limitation, audio of customer service calls and information resulting from such calls.

• De-Identified and Aggregated Data. We may de-identify and/or aggregate personal information and aggregate other Collected Information, and use and disclose that aggregate and/or de-identified data for our business purposes, in each case to the extent permitted by applicable law. To the extent we create de-identified and/or aggregate personal information, we take reasonable measures designed to maintain such information in de-identified and/or aggregate form. Once de-identified or aggregated, we will not attempt to re-identify the data (other than to confirm our de-identification and aggregation processes worked).

• Lawful Processes; Protection of Company. We may use and share Collected Information in accordance with and in response to regulatory authorities, courts with competent jurisdiction, valid law enforcement requests, governmental agency requests, emergency services, and other necessary third parties for legal, protection, security, and safety purposes (e.g., to comply with laws or regulations, to respond to subpoenas and legal processes, to perform credit checks, to protect the safety of our employees, agents, and customers, or any other person). We may use Collected Information and share it with third parties if we believe doing so is necessary or appropriate to protect our rights or the rights of others, including to enforce our agreements, policies, and terms, to bring legal action, to protect our operations and assets, or to pursue remedies or limit damages that we may sustain.

• Business Transactions. If Company undergoes a change in control, acquisition, merger, reorganization, asset sale (in whole or in part), or similar transaction, we may transfer, sell, share, or otherwise disclose Collected Information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose Collected Information in connection with the evaluation of those transactions. Those owner(s), successor(s), and other recipients will be bound by this Privacy Notice as it applies to the information disclosed. Also, if Company or any of its assets are acquired or if Company goes out of business, enters bankruptcy, or goes through some other change in control or reorganization, Collected Information may be one of the assets transferred to or acquired by a third party.

• With Your Consent. With your consent, we may use and share your personal information and other Collected Information in ways not specifically described in this Privacy Notice.

Disclosures to Third Parties. Pursuant to and consistent with the purposes for collecting your information as set forth in this Privacy Notice we disclose certain categories of personal information to third parties for a business (or other) purpose.

Other Information Collected

As you navigate and use the App, certain information can be passively collected using various technologies. We passively collect a variety of types of information in a variety of ways, including as described below.

User Activity. We collect information on how the App are used, for example, the features you use, the links that you click on, your search parameters, data reflecting transactions that have taken place using the App, how you interact with other users, performance statistics, and other usage data. We collect information that your browser sends whenever you visit our App (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages and other statistics.

IP Addresses and Related Data. The servers used to operate and provide the App may collect data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the App, including IP addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), device ID numbers and unique identifiers, your media access control (MAC) address, your operating system, your device’s screen resolution, your web browser type, the pages you access on the App, the websites you access before and after visiting the App, the length of time you spend on the App, date and time stamps, clickstream data, your approximate geographic location, performance statistics, and usage data. Company may use this information to administer the App and their servers, to generate statistical information, to monitor and analyze App traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the App.

We may combine this information with other Collected Information (including personal information) and information obtained from third parties for security reasons and to protect our rights or the rights of others. The suppliers that we use to provide the App may collect information about your visits to the App and other websites.

Push Notifications. Where our App allows for the delivery of “push notifications”, you can also opt out of receiving these notifications by going into your mobile phone settings and toggling the “Notifications” switch within our mobile application to “off”.

Embedded Content. The App may incorporate content, including feeds, scripts embedded in the App’ code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content. The App may also include Google Maps features and content. Google Maps features and content is subject to the then-current versions of Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

Our App may use YouTube to make content in video format available to you. By accessing a part of the App where videos are available, watching an embedded video, or otherwise interacting with any content made available through YouTube, you signify your agreement with YouTube’s terms and conditions. YouTube collects and otherwise has access to usage data (e.g., what videos you accessed and watched) through videos embedded in the App as further described in YouTube’s Privacy Notice. YouTube adheres to Google's privacy policies and principles, part of which allow you to control certain privacy settings and which data are collected. For more information, please visit https://www.youtube.com/howyoutubeworks/user-settings/privacy/.

Information that We Obtain from Third-Party Sources. We may obtain data about users of the App from various third-party companies and public sources, whether offline or online (e.g., marketing companies, analytics consultants, publicly available social media profiles, other public sources of information), and we may combine that data with Collected Information. This enhances our existing information about our users and customers and improves our ability to contact you and our marketing’s relevancy.

Retention of Personal Information

We will retain your personal information for as long as it’s needed to fulfill the purposes outlined in this Privacy Notice and our Terms unless a longer retention period is required or permitted by law (e.g., tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it; if that is not possible (e.g., because your personal information has been stored in back-up archives), we will securely store your personal information and isolate it from any further processing until deletion is possible.

Accuracy & Information Security

Personal information you provide to us should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes should be accurate, complete, and up to date.

We have implemented reasonable and appropriate administrative, technical, physical, and organizational security measures designed to help protect against the unauthorized access, unauthorized disclosure, loss, theft, misuse, and alteration of information under our control. However, Company does not and cannot guarantee that unauthorized access, unauthorized disclosure, loss, theft, misuse, and alteration of information will not occur. We do not publish all of our security measures online because this may reduce the effectiveness of our security measures. The storage and communication of information can never be completely secure.

If you become aware of any breach of the App’ security or of this Privacy Notice, please notify us at info@vapetm.com immediately.

Children’s Privacy

The App is not directed at users under 18 years of age. We do not knowingly collect or use information from individuals under the age of 18 through the App.

Third-Party Websites and Services

The App may link to, or be linked to, websites, applications, or services not maintained or controlled by Company. Company is not responsible for the privacy policies or practices of any third parties or any third-party websites, applications, or services. This Privacy Notice does not apply to any third-party websites, applications, or services or to any personal or other information that you may provide to third parties. You should read the privacy policy for each website, application, and service that you visit or use.

Contact Us

If you have any questions or concerns regarding this Privacy Notice, contact us by email at info@VapeTM.com, by telephone at 888-537-8273, or by mail at 3901 Superior Ave., Cleveland, OH 44114.

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