Privacy Policy

Last updated: January 1, 2024

FirmTech, Inc. (“FirmTech” or “We” or “Our” or the “Company”) values the privacy of the individuals who use our website, mobile application and related services (collectively, our “Services”). This privacy policy (“Privacy Policy”) describes FirmTech’s practices for collecting, storing, using, disclosing, and protecting information. This policy applies to information we collect: when you visit or otherwise use our website (the “Website”), when you visit or otherwise use our mobile application (the “App”), when you interact with us through email, text and/or other electronic messages, (collectively, the “Site”).

This Privacy Policy does not apply to other websites to which we may link, or to other companies or persons who might be listed as third-party contacts on our Site, or to whom we may refer you if you contact us.

We may change Our Privacy Policy from time to time. If the changes are material, we will notify you by email or through the App. If permitted by law, your continued use of the Services after this policy has been updated indicates your acceptance of changes made. In some cases, you will be given a choice to accept changes to this policy. If you do not accept the terms of the Privacy Policy, please do not use the Services.

What This Privacy Policy Covers

This Privacy Policy describes the following general aspects of Our collection and processing of information concerning you:

• How We Protect Your Information
• Information We Collect
• How We Use The Information Collected
• Technologies Used to Collect Information
• How We Share the Information We Collect
• Information for Minors Under the Age of 13
• International Visitors
• Your Choices Regarding Your Information
• Sharing of Information with Third Parties
• Your California Privacy Rights
• Changes to Our Privacy Policy
• How to Contact Us
• Accessibility

We may collect personal information about you in a variety of ways, including directly from you as well as automatically through your use of Our Site or Services.

How We Protect Your Information

Other than your name, zip code and e-mail address, it is entirely your choice whether or not you provide certain Personal Information (defined below) to us. We have put in place physical, electronic, and managerial procedures to attempt to safeguard and help prevent unauthorized access, use, modification and disclosure and maintain data security, and correctly use the Personal Information collected through the Site. We take, or obligate applicable third parties to take, reasonable precautions to protect our users’ Personal Information against loss, misuse, unauthorized disclosure, alteration, and destruction. However, no transmission of data over the Internet or any wireless network or stored and utilized for business purposes can be guaranteed to be 100% secure, and no security measures are perfect or impenetrable. As a result, while we strive to protect your information, we cannot ensure or warrant the security of any information we received, store or other utilize. Therefore, we advise you that if you provide us with your information you do so at your own risk.

If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at legal@myfirmtech.com.

Information We Collect

Information Collected Directly From You. We may collect the following “Personal Information” directly from you:

• If you create an account with us (which may be required to access certain features of Our Site and Services), we will collect your first and last name, email address, zip code, preferred password, and information for security questions;
• In connection with your account and, if provided by you, we may collect your date of birth, mailing address, and answers to survey questions regarding goods and services that may be of interest to you;
• If you take one of our surveys, participate in our questionnaires, or otherwise interact with Our Website, we may ask you to provide information about yourself including your sexual health and lifestyle. This information may include your age, sex and race, as well as medications you take, health conditions you might have, information about sexual partners, whether you use contraception, and other information. We may use this data anonymously for research purposes and will not share any identifier to you without your permission. This information should not be provided if you do not want us to have this information.
• If you purchase a product or service via Our Site, we may collect your first and last name, email address, mailing address, and billing information;
• If you contact us with a question related to our products or services, we may collect your first and last name, email address or phone number, and product or service details;
• Personal Information (excluding personal health data, which will not be shared) will only be shared with your permission.

Information We Collect Automatically. We may automatically collect the following information (including some personal information) about your use of our Site or Services.

• Device and Usage Information: We collect information about how you access Our Site or Services, including data about the device and network you use, such as your domain name device ID, browser type and operating system, Internet Protocol (IP) address, the referring Uniform Resource Locator (URL), and the webpage that led you to Our Site. We also collect information about your “Usage Data,” which includes data relating to usage of your device(s), such as the actions you take within and outside of the App, the browser and/or device you use, the date and time of your use of the Website or App, particular preferences you have chosen, and the apps you used before and after using our App, location data, and other communication data and the resources that you use to access and use our App.
• Transactional Information: When you make a purchase or return, we collect information about the transaction, such as the product details, purchase price, and data and location of the transaction.

Information from Other Sources. We may also obtain information and data containing Personal Information from other sources. Such other sources may include information collected from advertising networks, social networks, data analytic providers and other third-party sources.

How We Use the Information Collected

We may use your information for the following purposes:

• Your consent. Through the website or the App, you can give us permission to process health data to provide the Services.
• For customer service purposes. For example, to provide our Services to you, communicate with you about your use of our Services, respond to any inquiries you may have, fulfill your orders including payment processing, and for other customer service purposes.
• To personalize your experience while using Our Site and Services. We strive to tailor the content and information that we may send or display to you, to offer location customization, and personalize help and instructions.
• For marketing and promotional purposes. For example, we may use your Personal Information, such as your email address, to send you newsletters, marketing emails, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We may use the Personal Information that we collect to assist us in advertising our Services on third-party websites; however, will request your permission prior to sharing your Personal Information with a third party.
• To improve our Site and Services. By collecting information on an aggregated and individualized basis, we are better positioned to understand how users access and use Our Site and Services, which allows us to improve Our Site and Services, respond to user desires and preferences, and for other research and analytical purposes.
• To protect FirmTech and others. It may be necessary for us to investigate, prevent, or take action regarding illegal activities, suspected fraud, or potential threats to the rights and property of FirmTech, the safety of any person, or as necessary to comply with law.
• For legal purposes. It may be necessary for us to enforce our legal rights such as the Terms of Service, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
• For technical maintenance. From time to time, we may need to debug, identify, and repair errors in Our Site and Services.

Technologies Used to Collect Information

Use of Web Beacons, Clear-GIFs, Pixel Tags and JavaScript. We may use “pixel tags” (also called “action pixels,” “web beacons” or “clear gifs”) and/or JavaScript plug-ins, placed on our Sites, App and in our emails to you. Both pixel tags, which are small graphic images (typically that you cannot see), and JavaScript plug-ins, which are code on a website or in an email message, are used for such things as recording links and advertisements clicked-on by a user, or for tracking the performance of email marketing campaigns. These devices help us analyze our users’ online behavior and measure the effectiveness of our Site and our marketing.

Notifications. We may communicate with you via push notification, email, SMS, MMS or other text message (“Message”) (to the extent you permit us to do so), and we may collect information regarding such communications, such as confirmation when you open an email, read a Message or receive a push notification.

Third-Party Analytics. We may use automated devices and applications, such as Google Analytics, to evaluate usage of Our Site. We use these tools to help us improve Our Site’s performance and user experiences. These entities may use cookies and other tracking technologies to perform their services.

Third-Party Ad Networks. We may use third-parties such as network advertisers to display advertisements on Our Site, to assist us in displaying advertisements on third-party websites, and to evaluate the success of our advertising campaigns. You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”).

How We Share or Disclose the Information We Collect

We may share your Personal Information as follows:

• Affiliates. We may disclose information we collect from you with our affiliates; their use and disclosure will be subject to this Privacy Policy.
• Service Providers. We may disclose information to third-party vendors, contractors or agents that perform functions on our behalf, such as order processing and fulfillment, customer service, research, and analytics.
• Business Transactions. If we are acquired by or merge with another company, we may transfer the information we have collected from you to the other company.
• To Comply with the Law. We may disclose information to comply with the law, a legal proceeding, court order, or other legal process.
• To Protect FirmTech and Others. We may use your information to detect, block, and mitigate cyber-threats, prevent fraud, and cooperate with police and other authorities.
• Aggregate, Anonymized, and De-Identified Information. We may share aggregate or de-identified information that cannot reasonably be used to identify you.
• Consent. We may also disclose your information with your permission.

Information Related to Minors Under the Age of 13

We recognize the importance of children’s safety and privacy. The Website and App are not designed to attract minors, and are not directed at, or intended for use by, children under the age of 13. In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we do not request or collect any personally identifiable information (“PII”) from anyone who we know to be under the age of 13. If you are a parent or legal guardian of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at legal@myfirmtech.com.

If you are a resident of California under the age of 18, please also see the Your California Privacy Rights section of this Privacy Policy.

Your Privacy Rights and Choices Regarding Your Information

We are committed to providing you with individual privacy rights standard to the General Data Protection Regulation (GDPR) related to your Personal Information, no matter where you are located. These rights and choices include:

• Correction of Your Personal Information. If you believe that your Personal Information is inaccurate, you can contact us and request to correct such Personal Information.
• Restriction of Processing. You have the right to request that the processing of your Personal Information be restricted in certain circumstances.
• Deletion of Your Personal Information. You may request that we delete your Personal Information if you withdraw your consent to our collection and processing of such data.
• Marketing Communications. You can unsubscribe from marketing emails from us via the link provided in those emails.
• Do Not Track. Currently, our systems do not recognize browser “do-not-track” requests because a uniform technological standard has not yet been developed.

Email us at legal@myfirmtech.com to exercise your privacy rights. We will require you to prove your identity. We will address your request within 30 days after receipt.

Sharing of Information with Third Parties

We may share personally identifiable information and non-personally identifiable information externally with our affiliates and other third-party service providers who help us provide services. We require these service providers to use your information in accordance with this Privacy Policy for the following purposes:

• Email Marketing Services Providers.
• Information Technology Service Providers.
• Credit Processing Companies and Related Financial Institutions.
• Shipping Providers.
• Other Service Providers. For example, we rely on AWS to store your Personal Information when you use the App.

We will not sell, rent or transfer your Personal Information to third parties for monetary gain. However, we may use tracking technologies, which may in some cases constitute the sale of Personal Information under the California Consumer Privacy Act (“CCPA”) or other privacy laws. If you would rather that we do not share your information for these purposes, see how to opt-out below.

Security

We implement technical and organizational measures in an effort to protect Personal Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. This includes:

• Encryption of your Personal Information in transit and at rest
• Protection of data integrity
• Organizational and legal measures, including restricted employee access to your Personal Information

International Visitors

Our Site and Services are hosted in the United States. If you choose to use the Site and Services from the European Union or other regions, please note that you are transferring your personal information to the United States for storage and processing.

Your California Privacy Rights

Under California Civil Code Section 1798.83, California consumers may request information about how their Personal Information has been shared with third parties for direct marketing purposes. California users may request further information about their rights by writing to us at customerservice@myfirmtech.com with the subject line “CA Request for Information.”

If you are a California resident under the age of 18 and a registered user of our Website or App, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. Please email customerservice@myfirmtech.com with “CA Removal Request” in the subject line.

To exercise your rights under California law, please send your written request to legal@myfirmtech.com.

Changes to Our Privacy Policy

We reserve the right to change this Privacy Policy at any time, in whole or in part, at our discretion. Material updates will be reposted in the “Privacy Policy” section of Our Site with the date such modifications were made indicated at the top of the page. Questions can be directed to legal@myfirmtech.com with “Information Regarding Updated Policy” in the subject line.

How to Contact Us

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: customerservice@myfirmtech.com or legal@myfirmtech.com

Accessibility

FirmTech strongly believes that everyone deserves sexual wellness. And that means providing as many people as possible, including those with disabilities, with access to our products and educational content. In keeping with this belief, we are working to make our site more user-friendly for visitors who require assistive technology. If you run into any accessibility problems, please contact our customer service team for help.