This Privacy Policy applies to all the content, features, products, services, websites and mobile apps (collectively, the “Services”) offered by Outreach Smartphone Monitoring LLC (dba Alcohol Smartphone Monitoring) and other Outreach Smartphone Monitoring affiliates (collectively “OSM” or “we”), except where otherwise noted. Our Privacy Policy explains how we and some of the companies we may work with collect, use, or disclose personal information and data in connection with the Services. This Privacy Policy also gives you choices about the collection and use of your information.
This Privacy Policy applies to anyone using any of the Services (collectively, “you”), whether you are a customer or user of any of the Services, or a visitor of our website or app.
Please read the Privacy Policy carefully before you start to use our Services. By using the Services, you agree to be bound and abide by the ≪Website Terms of Use≫ and/or the ≪Mobile App Terms of Use≫, as applicable, and our Privacy Policy. If you do not agree to the foregoing terms or if you violate them in any way, your right to access or use the Services is terminated.
Please see Section 25 and Section 26 of the Mobile App Terms of Use [and Section___ and Section __ of the Website Terms of Use] regarding restrictions on your legal rights in any dispute involving our Services, ≪Website Terms of Use≫, ≪Mobile App Terms of Use≫, or Privacy Policy.
By using the Services, you represent and warrant that you are of legal age to form a binding contract with OSM and meet all of the eligibility requirements in the Terms of Use.
We may revise and update this Privacy Policy from time to time in our sole discretion. Where appropriate, we may seek to provide notice before an updated Privacy Policy becomes effective. You agree that we may notify you of the updated Privacy Policy by posting it on the Services (such as on our website and app), and that your use of the Services after the effective date of the updated Privacy Policy (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated Privacy Policy. It is your responsibility to check the Privacy Policy posted on the Services periodically so that you are aware of any changes, as they are binding on you.
We refer to “you” a lot in this Privacy Policy. To better understand what information is most relevant to you, see the following useful definitions.
When you use our Services, we may collect information about you in the following general categories:
As noted above, we use cookies and similar technologies to improve user experience, for performance and analytics, and to improve our content and Services. We also use cookies and similar technologies for purposes of marketing and advertising.
A “cookie” is a small text file that a web server stores in browser software. A browser sends cookies to a server when the browser makes a connection to the server (for example, when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others. Some cookies and other technologies may serve to track personal information previously entered by a user. Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them. Cookies can remember login information, preferences, and similar information. We or third party data and advertising platforms that we work with may use or combine multiple technologies, such as cookies, page tags, mobile identifiers and IP addresses, to infer users’ common identities across different services and multiple devices such as tablets, browsers, and mobile phones.
Cookies, as well as other tracking technologies, such as HTML5 local storage, and Local Shared Objects (such as “Flash” cookies), and similar mechanisms, may record information such as a unique identifier, information you enter in a form, IP address, and other categories of data. We may also use web beacons or “pixels,” and in certain circumstances may collect IP address, screen resolution and browser software and operating system types, clickstream patterns, dates and times that our website is accessed, and other categories of data.
We only share personal information with vendors and others described below for purposes identified in this Privacy Policy, but anonymous online activities collected by those providing cookies, pixels or other third party technologies on our Services could potentially be used by those vendors for their own purposes, some of whom may be able to associate such information with you based on other information they have collected independently (not from us).
If you want to block the use and saving of cookies, you can take the necessary steps within your browser’s settings to block all cookies from OSM and our external serving vendors. Please note that if you choose to erase or block your cookies, certain parts of our Services may not function correctly. For instance we may not be able to store your preferences or login information or customize content viewed by you and advertising to your viewing habits. For information on how to disable cookies, refer to your browser’s documentation.
Some of the personal information we collect (as described above) may be de-identified or otherwise anonymized (collectively, “Anonymized Data”) so it cannot identify you or be reasonably linkable to you. Our use of Anonymized Data is not subject to this Privacy Policy.
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent, and these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time an app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the app seeks before you first use the app, and your use of the app constitutes your consent.
8.1. Generally. In general, we use personal information for a variety of purposes described in this Privacy Policy. In some cases, we may ask for your consent so that we may process your personal information. We may use and process your personal information as permitted by law including to:
8.2. Other Essential Purposes. We may also use personal information for the following purposes:
8.3. Information collected from our apps and related Services. If you as an Agency User have allowed us to send you push notifications, we may provide you notifications and updates on non-compliance by a Monitored User under your supervision or oversight, such as when such Monitored User violates a GPS inclusion or exclusion zone, exceeds a specified blood alcohol content level specified in the applicable OSM Equipment (e.g., the OSM breathalyzer device), or is not physically located within range of such Monitored User’s mobile phone. If you do not permit us to send you push notifications, we may still provide such notifications and updates through your account portal on our website. If you as a Monitored User have allowed us to send you push notifications, we may provide you notifications of upcoming court dates, check-in dates and other events, reminders of required check-ins, or notifications when you are not physically not within range of your mobile phone. If you do not permit us to send you push notifications, we may still provide such notifications and updates through your account in the OSM App.
If you are a Monitored User, we also collect and use your geo-location information to determine if you are in compliance with your inclusion or exclusion zone or if you are not physically within range of your mobile phone and to notify you and your Agency Monitor accordingly, and to provide you with personalized assistance. Geo-location information may also be used to protect OSM’s interests.
9.1. We are not in the business of selling personal information about our users to third parties without your consent. We may disclose your information as described in this Privacy Policy, including:
Your account information and profile/privacy settings:
›You may opt-out of receiving text messages (including SMS) by replying “STOP” to any text message received.
›In all direct promotional or marketing emails, you will be given the opportunity to opt-out of receiving such messages in the future by clicking on the link at the bottom of the email that says “unsubscribe.” It may take up to ten (10) business days for us to process your opt-out request.
›Even if you have unsubscribed from receiving promotional emails from us, we may send you other types of important email communications without offering you the opportunity to opt-out of receiving them, such as Services-related communications (e.g., account verification, payment confirmations, technical and security notices, and other administrative notices).
›If a Website visitor does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies or clear the cookies in the browser settings. Our “Use of Cookies and Similar Technologies” section above contains more information and options to control or opt-out of certain data collection or uses.
If you hold an account with OSM, we will generally retain your personal information for as long as you maintain an account or subscription, for as long as is necessary to provide the Services, for as long as necessary to meet the purposes for which the personal information was collected, or for such longer period as may be required or permitted by applicable law, including in accordance with our data retention policies. We will also retain personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Note that if you are a Monitored User, your personal information may be subject to retention due to applicable laws or court or governmental rules, or your arrangement with your Monitored Agency, and you may need to receive approval from your Monitored Agency to facilitate certain deletion requests.
Our Services are not intended for and may not be used by minors under the age of 13. OSM does not knowingly collect or solicit any personal data from such minors or knowingly allow them to register for the Services. If it comes to our attention that we have collected personal information from a minor without parental consent, we will endeavor to delete that information as quickly as possible without notice. If you have reason to believe that we received personal information from a minor, please contact us via the Contact page on our website or by email at account@osmnow.com.
Do-Not-Track is a public-private initiative that has developed a “flag” or signal that an internet user may activate in the user’s browser software to notify websites that the user does not wish to be “tracked” by third-parties as defined by the initiative. The online community has not agreed on what actions, if any, should be taken by the websites that receive the “do not track” signal, and therefore Do-Not-Track is not yet standardized. Please note that OSM does not alter its behavior or use practices when we receive a Do Not Track signal from your browser.
Our Services may contain links or otherwise provide access to another website, mobile application, or online service (collectively “Third-Party Sites”). OSM has no control over and is not responsible for Third-Party Sites, their content, or any goods or services available through the Third-Party Sites. Our Privacy Policy does not apply to Third-Party Sites. We encourage you to read the privacy policies of any Third-Party Site with which you interact.
In the event you would like access to your personal information, amend or update inaccurate or incomplete personal information, or request deletion of your personal information, you may contact us via the contact form on our website at https://osmnow.com/#contact, by e-mail at account@osmnow.com, or by mail at Outreach Smartphone Monitoring, LLC., 35 Selig Ave. Montrose, CO 81401, and include the subject as “Attn: Legal – Privacy Policy.” Please be sure to include your full name, email address, postal address, and any message. We will evaluate your request and decide on an appropriate response in our sole discretion, subject to applicable law.
If you are a California resident, you are entitled to make certain requests regarding your personal information under applicable laws including the California Consumer Privacy Act (“CCPA”). We will take reasonable steps to verify your identity and the authenticity of your request before processing any request. Once verified, we will fulfill each of these requests to the extent required by law:
(a)You can request a copy of your personal information that we maintain.
(b)You can ask us to delete your personal information, subject to exceptions provided by law.
(c)You can opt-out of disclosures of your personal information to third parties, subject to exceptions permitted by law, such as the use of service providers or sharing with your Agency Monitors as previously directed. (The CCPA refers this right as a “Do Not Sell” request)
To exercise the California privacy rights described above, please submit your request via any of the methods under the Contact Us section below. You can make such requests up to two times in a rolling twelve-month period, and such requests will extend to information collected about you in the prior 12 months.
We will not discriminate against you for exercising your rights. This generally means we will not deny you goods or services, charge different prices or rates, provide a different level of service or quality of goods, or suggest that you might receive a different price or level of quality for goods. However, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require personal information to function.
This section does not apply to personal information we may collect from employees or job applicants in those capacities. It also does not apply to personal information we may collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.
We have developed data practices designed to assure information is appropriately protected but we cannot always know where personal information may be accessed or processed. While our primary data centers are in the United States, we may transfer personal information to our offices or service providers outside of the United States. If we disclose personal information to a third party or to our employees outside of the United States, we will seek assurances that any information we may provide to them is safeguarded adequately and in accordance with this Privacy Policy and the requirements of applicable laws.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information to the United States or other countries which may not have data protection laws that provide the same level of protection that exists in the European Economic Area. By providing your personal information, you consent to any transfer and processing in accordance with this Privacy Policy.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by using the contact form on our website at https://osmnow.com/#contact, by e-mail at account@osmnow.com, or by mail at Outreach Smartphone Monitoring, LLC., 35 Selig Ave. Montrose, CO 81401, and include the subject as “Attn: Legal – Privacy Policy.” Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.