Privacy Policy

Last Updated: June 24th, 2024

OVERVIEW
Our goal at Sponge Hydration LLC (“Sponge,” ”we,” “us,” or “our”) is to help you form and maintain healthy hydration habits in a fun and simple way so that you can live a healthier life and do the things you love.

We have prepared this Privacy Policy to describe to you our practices regarding the personal information that we collect from users of our website located at www.spongehydration.com (the “Site”) and our mobile application, including the mobile application entitled “Sponge Hydration” (the “App”) that, together with the Sponge Hydration smart water tracking device (“Device”) track your water consumption (collectively, the functionality provided by the App and the Device, the “Service”).

This Privacy Policy covers:

What Information does Sponge Collect?
How does Sponge Use the Information we Collect?
How does Sponge Share the Information we Collect?
Ways you may share your data?
How long do we save your data?
How does Sponge keep my data safe?
Sponge’s Policy for Children
Third Party Websites
Your Choices Regarding Information
Users Outside of the United States
How to Contact Us
Changes to this Privacy Policy

WHAT INFORMATION DOES SPONGE COLLECT?

Information We Collect Through the Service

Activating a Device. When activating a Sponge Device, you will be asked to download the Sponge App and enter information about yourself, such as height, date of birth, weight, activity level and gender. We use this information to personalize your recommended hydration goal. THE RECOMMENDED HYDRATION GOAL IS FOR INFORMATIONAL PURPOSES ONLY. ONLY A MEDICAL PROFESSIONAL CAN ADVISE YOU OF YOUR PERSONAL HYDRATION NEEDS. You can also manually set your hydration goal and we will collect that information.

App. When you use the Service on your mobile device through our App, we may collect your phone number and the unique device ID number.

Creating an Account. If you want to access data collected by your Device, you must create a Sponge account (“Account”). When you create a Sponge account, in addition to the information above, we ask for your email address and password. Your email address will be your Sponge user name, which you will use to log-into your Account. Not to worry, we do not display your email address to other users. Instead, others will see the name or nickname you enter in your profile settings.

You can also create your Sponge Account by signing in using your Facebook or other social networking site (“SNS”) account. We will ask permission to access basic information from that SNS, account, such as your name, profile picture, and friends list. You can stop sharing your SNS account information with us at any time by turning off the connection through the App. Any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices.

Connecting with Friends. To help you stay motivated on your hydration journey, Sponge lets you add friends who are already Sponge users or invite friends who have not yet joined. The Service allows you to link your Facebook or other SNS account to your Account and enables you to allow Sponge to access your contact list for the purpose of letting you identify friends and contacts who are Sponge users. Once you have imported your contacts, you can invite your contacts to join Sponge by sending them a link to join the Service. You can also share an invitation to your friends via your SNS account if you have linked your SNS account to the Service. The Service also lets you enter your friends’ email address and send an invitation link to them via email.

Information We Collect From the Device. When you sync your Device with the App, we collect the following information from your Device, which tracks detailed information about your hydration habits: the amount of liquid consumed, when consumed, and, if location services are activated, the location of the Device and where you drank from the Device. This information is associated with your Account. Your Device stores this data until you sync and only retains limited data after a sync. Each time a sync occurs, we log data about the transmission. An example of this log data would be the sync time and date, the battery level of the Device, location, and the IP address used when syncing.We will collect and retain any hydration data that you’ve chosen to save to your Account in your history.

Linking to Third Party Products and Services. The Service may allow you to link third party products and services to the App, such as Fitbit and Apple Health Kit. If you choose to connect with third party products and services, Sponge may have access to information from such third party products and services, such as activity data. This data is used to help personalize your hydration goal based on your activity. You may disconnect any connection by turning off the connection through the App. Any data that Sponge receives from third party products and services will be processed and stored by Sponge and will be treated in accordance with this Privacy Policy. This information may be processed in the same ways as any other data that is a part of your Account and is used to enhance your use of the Service.

Reminders. We will collect and store any reminders you create. You can set water reminders through the App by enabling push notifications or the Device light reminder. You can turn off these reminders at any time through the App.

Making Purchases. If you make a purchase on our Site or App, we use the services of Authorize.Net to handle online orders and payments. Sponge does not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to Authorize.Net’s Terms of Service: http://www.authorize.net/company/terms/ and acknowledge Authorize.Net’s Privacy Policy: http://www.authorize.net/company/privacy/. We collect and store your shipping address, name, email address, and any other information that you willingly provide so that we can process your order through our fulfillment partner.

Contacting Us. If you provide us feedback or contact us via email or the App, we will collect your name and email address and/or Account information along with any additional information you provide in your request so that we can send you a reply and to improve the overall Service. You can also contact us on public forum sites such as Twitter, Facebook, or Instagram; however, we cannot maintain the privacy of your communication to us if you contact us through these public channels.

Location Information. If you have enabled location services on your mobile device, we will collect geolocation information to help personalize your recommended hydration goal based on the humidity, temperature and other conditions of your location. If you do not want to provide us with your location information, you can deactivate geolocation services on your mobile device. We store this information in your Sponge account. If you are using a mapping feature, we will send your location information to our mapping service provider so they can display your location on a map. This feature is used so that you can know the last place you synced with your Device to help prevent the loss of Sponge Devices.

Email Notifications. We will collect your email address if you sign up for email notifications via the Site.

Text Messaging Services. You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have Text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional Text text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email textsupport@wunderkind.co. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

Surveys and Contests. When you participate in one of our surveys, we may collect additional personal information to complete the survey. If you participate in a contest, sweepstakes or other promotion, we will collect any information you provide in connection with that promotion.

Information We Receive from Third Parties. We may receive personal information from third party sources. We may add this information to the information we have already collected from you directly via the Service.

Information Collected Automatically via Technology

Cookies. Like many online services, we use cookies on our Site to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs. We also use Cookies to identify multiple devices with a single user.

Information Collected by Our Servers. To make our Site and Service more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.

Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Service to our users’ needs. For example, some of the information may be collected so that when you visit the Site or the Service again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.

Pixel Tags. In addition, we use “Pixel Tags'' (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether emails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user.

Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our App. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the App, and information about the type of device you use. In addition, in the event our App crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our App. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.

Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here.

Third Party Analytics and Tracking

How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Website.

Analytics Tools. We use analytics services (including, but not limited to, Google Analytics and Adroll) to help analyze how users use the Site and App. Analytics services use Cookies to collect information such as how often users visit the Site and we use the information to improve our Service. The analytics services’ ability to use and share information collected by them is restricted by their terms of use and privacy policy, which you should refer to for more information about how these entities use this information, and how you can opt-out of their use of such information.

Third Parties. We partner with Rakuten Advertising, who may collect personal information when you interact with our site. The collection and use of this information is subject to the privacy policy located here:https://rakutenadvertising.com/legal-notices/services-privacy-policy

Opting Out. You may choose to limit tracking by third parties at act.opt out.network advertising.org.

Collection of Information by Advertisers

We may use third parties to serve ads on the Service. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Website (but not your name, address, e-mail address or telephone number). They do this by using Cookies or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Website and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, Cookies or pixel tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices.

HOW DOES SPONGE USE THE INFORMATION WE COLLECT?

General Use. SPONGE uses the information we collect to provide you with a positive experience using the Service, to help you form healthy hydration habits, and to improve and protect the Sponge Service. For example, we may use your information::

to estimate the recommended daily water goal;
to send you notifications and information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
to allow other Sponge users to add you as a friend;
to inform you about promotions, upcoming event, news, new features or products we think you would be interested in;
to provide, develop, understand and improve the Sponge Service and Hydrate’s other products and services
to troubleshoot the Sponge Service;
to detect, investigate and protect against error, fraud or other fraudulent, unauthorized, or illegal activity;
to enforce the Sponge Terms of Service;
to process and deliver contest entries and rewards;
to respond to comments and questions and provide customer service;
to contact you in order to solicit feedback regarding the Service;
to link or combine user information with other personal information we get from third parties, to help understand your needs and provide you with better service;
to provide and deliver products and services customers request;
to identify you as a user in our system;
to facilitate the creation of and secure your Account on our network;
to process and deliver orders;
to develop and improve marketing and advertising for our products and services and partner products and services; and
to inform the health community about trends.

Anonymous Information. We may also create anonymous and/or de identified data records from your personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to enhance the content of and improve the Service. We reserve the right to use anonymous data for any purpose.

User Testimonials and Feedback. We often receive testimonials and feedback from users who have had positive experiences with our Service. We may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your name along with your feedback, we will obtain your consent prior to posting your name with your feedback.

HOW DOES SPONGE SHARE THE INFORMATION WE COLLECT?
Information We Share
We may share your personal information under the following circumstances:

Third Party Service Providers. We may share your personal information with companies that provide us with services, such as order fulfillment, email management and credit card processing.
Other Disclosures. We may share your personal information if we believe that such disclosure is reasonably necessary to (a) in connection with any legal investigation, (b) to comply with a law, regulation, valid legal process (e.g., subpoenas or warrants served on us), or governmental or regulatory request, (c) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Service, (d) to protect the security or integrity of the Sponge Service, and/or (e) to protect or defend the rights, property, or safety of Sponge, its employees, users, or others.
Corporate Restructuring. We may share some or all of your personal information in connection with or during the negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset.
Disclosure to Third Party Companies. We may enter into agreements with companies that desire access to personal information that we collect from you. AS A RESULT, WE MAY PROVIDE YOUR PERSONAL INFORMATION TO SUCH THIRD PARTY COMPANIES. BECAUSE WE DO NOT CONTROL THE PRIVACY PRACTICES OF THESE THIRD PARTY COMPANIES, YOU SHOULD READ AND UNDERSTAND THEIR PRIVACY POLICIES.

NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS (AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)

If we share personal information to third parties for their own direct marketing purposes, then you have the right to receive information about the categories of entities to which we have disclosed such information and the names and addresses of those entities. To submit your written request, please send it to us at spongehydration@gmail.com and put the following words in the subject line of the email: "California Privacy Request." Within 30 days after receipt of your request, we will send you a list of the categories of personal information that we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of such third parties, if any. Please note that the California ``Shine the Light" law does not cover all categories of information that may be collected and disclosed or shared, and our policy relates only to information covered by the law. Please note that we are required to respond to one request per California user each year and we are not required to respond to requests made by means other than through this email address.

Sponge may share or sell aggregated, de-identified data that does not identify you, with partners and the public in a variety of ways, such as by providing research or reports about health, hydration, drinking trends, and trends based on location. We reserve the right to disclose anonymous data to third parties at our sole discretion.

Information You Share

You can direct us to share data with other parties. For example, you might authorize us to link your Sponge Account with a third party product or service; send status updates to your Facebook, Twitter, or Instagram account; or direct us to share data with your employer as part of a wellness program, or direct us to share data with your healthcare provider as part of a research study. Once you direct us to share your data with a third party, that data is governed by the third party’s privacy policy. You can revoke your consent to share with the third party at any time in your Sponge Account settings or by contacting us.

The privacy settings on Sponge accounts are set to reveal minimal data about you with the purpose of getting you active and involved with the Sponge Service. Other users will be able to view your profile, friends list, and your average percentage of daily water consumed to meet your goal. These are default visibility settings that cannot be disabled.

Sponge provides many ways for you to share data with other Sponge users, such as with the 7-day rank amongst your friends, challenges, or by sharing your progress to your social media accounts.

SPONGE’S POLICY FOR CHILDREN

Sponge is not directed at persons under the age of 13. We do not knowingly collect any personal information from children under 13. If a child under 13 submits personal information to Sponge and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you are aware of a user under the age of 13 using Sponge, please contact us.

THIRD PARTY WEBSITES

Our Site and App may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site or App and go to another site and another entity may collect information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, or websites.

YOUR CHOICES REGARDING INFORMATION

Email Communications. You can opt-out of receiving emails about contests, giveaways, surveys and promotional emails by changing the notification preferences in your Account settings or by unsubscribing via the “Unsubscribe” link in any promotional Sponge email. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your use of the Sponge Service.

Accessing, Changing and Deleting your Personal Information. You can access, amend or delete your personal information through the controls in your Account. You may also send requests about personal information to our contact information below. You can request to change contact choices, opt-out of our sharing with others, and review, update, correct, or delete your personal information. We will use commercially reasonable efforts to honor your request. Please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes. For requests to view, modify or remove your personal data, contact us at spongehydration@gmail.com.

Cookies. You can typically remove and reject Cookies with your browser settings. Many browsers are set to accept Cookies until you change your settings. If you remove or reject our Cookies, it could affect how our Site works for you.

Applications. You can stop all collection of information by the App by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. To serve ads in our App where Cookie technology is not available, Sponge hashes users’ device IDs. Users may choose to reset or opt out of anonymous IDs at any time. If users choose to opt out, ads delivered to the App by ad serving technology will not be served on an anonymous ID. You may at any time opt-out from further allowing us to have access to your location data by disabling geolocation services through the settings on your mobile device.

USERS OUTSIDE OF THE UNITED STATES
If you are a non U.S. user of the Service, by using our Service, you acknowledge and agree that your personal information may be processed for the purposes identified in the Privacy Policy. In addition, your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

HOW TO CONTACT US
If you have any questions, comments or concerns about this Privacy Policy please contact us at: spongehydration@gmail.com.

CHANGES TO THIS PRIVACY POLICY
Sponge may change this Privacy Policy at any time for any reason, however if we make any changes, we will change the Last Updated date and post the new Policy on our website at https://www.spongehydration.com/privacy-policy. You should consult this Privacy Policy regularly for any changes.

Mobile Terms of Service
Sponge Hydration

Last updated: June 24th, 2024

The Sponge Hydration mobile message service (the "Service") is operated by Sponge Hydration (“Sponge Hydration”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Sponge Hydration SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Sponge Hydration through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sponge Hydration. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

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