Privacy Policy

Last Updated: November 2, 2022

Welcome to SmokeOn. SmokeOn, LLC (“SmokeOn,” “we,” “us,” or similar terms) offers the SmokeOn skywriting application (“App”) that is used by pilots to plan, plot, and map readable messages in the sky and to connect third-party buyers with pilots who can perform such services. The SmokeOn App, related information and services, are available via both the Apple App Store and the SmokeOn website located at smokeon.com (“Website”). The SmokeOn App and Website, and all related information, services or documentation offered via the App and/or Website, are collectively referred to as the “Services.”

We understand the importance of your privacy and we take our responsibility to protect it seriously. This Privacy Policy (the “Policy”) describes the types of information we collect from you through your access and use of the Services, how we share the information, and certain rights and options you have regarding your information. Use of the Services is also subject to our Terms of Use.

We reserve the right to amend or update this Policy from time to time or to create additional policies to accurately reflect changed circumstances or new legal requirements. As a result, it is important that you read this Policy closely so that you are fully aware of how and why we are using your personal information.

By providing us with personal information or using the Services, you expressly consent to the information-handling practices described in this Policy. If you do not agree with this Policy, please do not use the Services, or provide us with your information.

Personal Information We May Collect or Receive About You

For the purposes of this Policy, “personal information” is any information that identifies, relates to, or can be used to contact a particular individual. The specific types of personal information we may collect through the Services can be grouped as follows:

• Contact information – First name, last name, mailing address, email address, billing address, and telephone number.

• Employment information – Your employer, your position, your business address, your business email address, and your business telephone number.

• Account information – Username, password, identification numbers, and other information associated with your Services account.

• Certification information – If you are a Pilot, details about your credentials or certification as a pilot, including your FAA license details.

• Insurance information – If you are a Pilot, details about your insurance coverage, including policy number(s).

• Geolocation data – If you are a Pilot or Spotter, your precise geolocation in connection with your use of the Services.

• Marketing information – Details regarding informational and promotional materials you may have requested or received from us, the products in which you are interested, your receipt of promotional communications, and information on your marketing or communication preferences.

• Communication information – Copies of communications and inquiries, including services reviews and service inquiries, you have submitted to us, including through email, chat, calls, and features available on our Services.

• Transaction information – Details regarding purchases or transactions made with us to use the Services, which may include payments received, payment details, services purchased, transaction history, and other information. Note that SmokeOn uses a third-party processor in certain circumstances to collect, process, and store payment card or banking information used to make or receive payments.

• Technical support information – Details about any issues you are experiencing that require technical support that you submit to us through our Services or provide in response to us following up on your request for assistance.

• Device and usage information – Details regarding how and when you use our Services, including the device used to connect to our Services, your IP address and device identifier, the frequency and duration of your usage, the pages you view, what websites or search terms referred you to our Services, and information about your interaction with our Services.

We collect this information when you access, use, or navigate our Services, fill in forms on our Services, link a smart device or other third-party electronic device and account to our Services, request information on our Services, communicate with us (including by phone, email, or otherwise), interact with chatbot or similar navigation features on our Services, visit or engage with our social media pages, participate in surveys or sponsored activities, or otherwise provide us with personal information.

Please note that we may aggregate or anonymize the foregoing types of data such that they are no longer capable of identifying you, in which case they are no longer considered “personal information.”

Other Information We Collect From You

Like most websites, we use various technologies to automatically collect the following types of information about you:

• Cookies. Cookies are small text files that a website transfers to a visitor’s device for recordkeeping purposes. We use cookies to personalize visitors’ experiences on our Services, provide content that we believe may be of interest, track visitor trends and patterns, engage in marketing and advertising, and otherwise analyze our Services traffic. For further information about cookies, including how to refuse cookies, please visit https://allaboutcookies.org. Please note that if cookies are disabled, you may not be able to enjoy certain features of our Services.

• Log Files and Device Identifiers. We use log files to track actions occurring on the website and mobile application and collect data about visitors, including IP address, browser type, Internet service provider, referring/exit pages, date/time stamps, and device identifiers.

• Web beacons and other technologies. Our Services may use other tracking tools, including web beacons (also known as clear gifs, pixel tags, and single-pixel gifs), which are small electronic images embedded in content and email messages that are not ordinarily visible to users. Web beacons allow us to track pages and content accessed and viewed by users, as well as to monitor email readership.

• Analytics. Our Website may also use third-party analytics tools, such as Google Analytics. You can find more information about how data is collected and processed in connection with the Google Analytics service here. You can also read Google’s privacy policy here.

The information collected through these technologies may be combined with personal information. We may share information about your use of our Services with our advertising and analytics partners, who may combine it with other information that you previously provided to them.

Information from Other Sources

We may obtain both personal and non-personal information about you from affiliates, business partners, vendors, contractors, suppliers, and other third parties and add it to other information we have collected. We, and the third parties we engage, may combine information we collect from you over time, and across the Services, with information obtained from other sources. This helps us improve the information’s overall accuracy and completeness, and helps us better tailor our interactions with you.

Information from Social Media

If you interact with us on any social media platform: (i) depending on your social media privacy settings, the personal information that you submit on the social media platform may be read, collected, or used by us as described in this Policy, and (ii) where we respond to any interaction with you on social media, your account name/handle may be viewable by any and all members or users of our social media accounts. Social media platforms operate independently from us and we are not responsible for the personal information that you choose to submit or link on any social media platform. We encourage you to review the privacy policies and settings of any social media platform with which you interact to help you understand their privacy practices.

How We Use Your Information

We (or the service providers acting on our behalf) use the personal information identified above for the following purposes:

• To provide the Services, including connecting Pilots with Jobs and facilitating the payment of Funds to Pilots;

• To provide customer support services, and to verify, investigate, and respond to any claims, problems, or requests you may make relating to the Services;

• To register you for a SmokeOn account;

• To transmit or process information collected from your smart device or other third-party electronic devices, such as geolocation, to facilitate your use of the Services;

• To provide you with information regarding SmokeOn, the Services, as well as other information that you may request from us;

• To administer user profiles in our Services;

• To enforce our agreements with you or our partners, comply with our legal or regulatory obligations, or defend or advance legal claims;

• To prevent or detect hacking activities, financial crime, security breaches, or safety risks in connection with our website, mobile application, and the Services;

• To send service announcements and messages;

• To develop, update, and improve our Services;

• To optimize your experience on our Services and ensure that our content is presented to you in the most effective manner;

• To send you promotional or marketing communications and solicitations, track your marketing preferences, and for our internal marketing purposes;

• To notify you about changes to our Services, including material changes to this Policy;

• To provide you with surveys or otherwise solicit feedback regarding the Services; and

• To perform other functions as otherwise described to you at the time of collection or that you otherwise consent to.

For more information about your options relating to your personal information and your communication preferences, see “Choices About the Collection and Use of Personal Information” below.

Our Marketing Efforts

We may send you direct marketing communications from time to time including news, updates, offers, and other announcements relating to our services and activities. We will only send marketing messages where the law allows us to do so and, if you no longer wish to receive marketing communications from us, then you can always unsubscribe using the option provided in the communication you have received (e.g., in the footer of the email) or by contacting us using the information below.

Disclosure of Your Information

When the information we collect is aggregated, anonymized, or otherwise does not identify you, it is no longer considered “personal information.” We may use such information for any purpose or share it with third parties, to the extent permitted by applicable law.

In addition, we may share information that we collect or that you provide in the following circumstances:

• With service providers that we use to assist us with providing the Services, including our IT system providers, website and mobile application providers, chatbot service providers, payment processors, or API providers.

• With vendors that we use for our contract management and fulfillment processes.

• With our third-party marketing service providers that assist us with promotional materials, campaigns, and communications.

• With analytics vendors in order to understand our Services traffic and usage patterns, optimize our App and Website, and identify potential new customers or users.

• With our customer relationship management vendors as necessary for customer service and support, sales, marketing, and lead generation.

• With our email service provider, who enables us to communicate with you and our other contacts.

• With smart device or electronic device providers, including application developers and providers, who we have partnered with to transmit and process your information on your behalf.

• With our affiliates, subsidiaries, parent companies, or related entities for the purposes of product development related to our Services.

• Buyers or other successors prior to or in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as a part of bankruptcy, liquidation, or similar proceeding, where the information is among the assets being transferred.

• Regulatory and governmental authorities, law enforcement agencies, and courts, as necessary to comply with applicable laws and regulations, respond to a subpoena, search warrant, or other lawful request for information, or to otherwise protect our rights.

• For any other purpose disclosed by us when you provide the information.

We reserve the right to disclose your information as necessary to comply with a subpoena or similar investigative demand, court order, request for cooperation from law enforcement or other governmental agency, to exercise our legal rights, to defend against legal claims, or as otherwise required by law.

Your Choices About Collection and Use of Your Information

We respect your right to make choices about the ways we collect, use, and disclose your information. We try to offer you meaningful choices regarding your personal information. Some choices you have regarding personal information include the following.

• Marketing Emails – As required by applicable laws, you can opt-out of receiving promotional emails from us by clicking the “opt out,” “unsubscribe,” or similar link in any such promotional emails and following the instructions provided.

• Cookies – Depending on your browser or device, you may have the option to set the browser to accept all cookies, reject all cookies, notify you when a cookie is set, or delete cookies. Each browser and device are different, so we recommend you evaluate the tools and settings available in your browser or device, as well as any available instructions for the same. Please note that if you disable or delete cookies, you may not be able to access or use certain features of the Services.

• Google Analytics – As discussed above, we use Google Analytics in connection with the Services. If you would like to refrain from having your data collected by Google Analytics, Google has developed an opt-out browser that you can use. You can find more information on how Google uses information it collects here.

• Interest-Based Advertising – To opt-out of personalized or interest-based advertisements, you may be able to adjust the settings on your device. Please go to your device settings and opt-out through the controls provided through Google/Android or iOS, as applicable. Each operating system, iOS for Apple phones, Android for Android devices and Windows for Microsoft devices, has its own instructions on how to prevent the delivery of interest-based advertisements. (We cannot guarantee that these instructions will not change, or that they will continue to be available; they are controlled by each mobile platform, not us.). For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator. You can also visit https://optout.aboutads.info to opt out of interest-based advertisements.

• Declining to Provide Information – You can choose not to provide us with information we may request through our Services, but that may result in you being unable to use certain features of our Services, request information about our services, apply for or fund Jobs, or initiate other transactions with us.

• Do Not Track Mechanisms – Please note that our Services do not honor “Do Not Track” signals, and such signals will not impact the operation of the Services.

• Jurisdiction-specific Choices – See below for additional choices that may be afforded to you under the laws of your place of residence, see our “Rights Afforded to Certain Individuals” section below.

In addition to the above, you may contact us using the details provided at the end of this Policy with any questions about the choices relating to your personal information.

Rights Afforded to Certain Individuals

A. California Residents

California Civil Code § 1798.83 (California’s Shine the Light Act) further permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing your personal information with certain of our affiliates and other third parties for their marketing purposes. Please tell us your preference by contacting us at the contact information below.

B. Notice for Nevada Residents

Under Nevada law, Nevada “consumers” may request that “operators” of internet sites and online services refrain from the “sale” of their “covered information” to third parties (as such terms are defined under Nevada law). “Covered information” includes first and last name, address, email address, and phone number, or an identifier that allows a specific person to be contacted either physically or online. As discussed above, we share your information with certain third parties that we believe can provide you with offers and promotions for products and services of interest to you and in the other ways described above. We do not believe that our sharing in this regard would qualify as a sale under Nevada law.

C. Canadian Residents

If you reside in Canada, various Canadian laws, including Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), may provide you certain rights with respect to your personal information, including the right to request information about the collection, use, or disclosure of your personal information, to request access to your personal information, and to challenge the accuracy and completeness of your personal information and have it amended as appropriate.

If you are a Canadian resident and would like to make a request regarding your personal information, please send a request to customercare@smokeon.com with the subject line, “Canada Resident Request,” or otherwise contact us using the information in the “How to Contact Us” section below. We will attempt to respond to your request as quickly as possible but may ask you to provide additional information to enable us to locate the personal information or determine how it has been used or disclosed. We will provide you access, as appropriate, at minimal or no cost to you.

D. EU/UK Residents

1. Rights under GDPR

The European Union’s General Data Protection Regulation and the United Kingdom’s version of the same (collectively, the “GDPR”) afford certain rights to individuals in the European Economic Area (“EEA”). If you are in the EEA, you have the following rights. Note, however, that not all rights apply in all circumstances.

• Right of access: subject to certain exceptions, you have the right of access to your personal information that we hold. If you are requesting access to your data in order to protect the rights of others, we may require you to validate your identity before we can release that information to you

• Right to rectify your personal information: if you discover that the information, we hold about you is inaccurate or incomplete, you have the right to have this information rectified (i.e., corrected).

• Right to be forgotten: you may ask us to delete information we hold about you in certain circumstances. This right is not absolute, and it may not be possible for us to delete the information we hold about you, for example, if we have an ongoing contractual relationship or are required to retain information to comply with our legal obligations.

• Right to restriction of processing: in some cases, you may have the right to have the processing of your personal information restricted. For example, where you contest the accuracy of your personal information, its use may be restricted until the accuracy is verified.

• Right to object to processing: you may object to the processing of your personal information (including profiling) when it is based upon our legitimate interests. You may also object to the processing of your personal information for the purposes of direct marketing and for the purposes of statistical analysis.

• Right to data portability: you have the right to receive, move, copy, or transfer your personal information to another controller when we are processing your personal information based on consent or on a contract and the processing is carried out by automated means.

With regard to the personal information discussed in this Policy, we are typically the “data controller” for such information under the GDPR. As a result, if you wish to exercise one of the rights discussed above, you may do so by submitting a written request to customercare@smokeon.com with the subject line, “GDPR Request.” This is normally free, unless this process is unduly difficult or is clearly unfounded, repetitive, or excessive, in which case we may charge a reasonable fee or decline to respond. Once we have received your request, we will review it and contact you within thirty (30) days of receipt of your request, will notify you of any delay in processing your request and, in any event, will respond to the request within three (3) months. Please note that we may need to request specific information from you to help us confirm your identity. If you are located in the EEA or UK and have a concern about our processing of your data, you may have the right to make a complaint to the appropriate data protection authority in the EEA or UK.

2. Lawful Basis under GDPR

We will process different types of information under different lawful bases under the GDPR depending on the nature of the information and your relationship with us. The following table describes how we plan to use your personal information and our lawful basis for doing so. We may process your personal information on more than one basis depending on the specific purpose for which we have collected or are otherwise using your information.

3) Transfers from EEA, Switzerland, or UK

If we transfer personal information from the EEA, Switzerland, or UK to the United States or any other country, we will implement appropriate legal mechanisms to ensure an adequate level of personal data protection consistent with the GDPR’s requirements. For example, if the recipient country has not received an Adequacy Decision from the European Commission (such as the United States), we will rely on Standard Contractual Clauses (SCC) that have been approved by the European Commission as the lawful mechanisms for such transfers. Further, we will enter into appropriate data processing agreements with all non-EU (sub)processors that contain SCCs and define data protection standards to be employed by each (sub)processor.

E. Brazil Residents

1) Rights under LGPD

If you are a resident of, or otherwise located in, Brazil or any of its national territory, the General Personal Data Protection Law of Brazil, as amended (“LGPD”) may afford you certain rights with respect to your personal information that is “processed” by us in our capacity as a “controller” (as those terms are defined by the LGPD), including the following:

• Right to obtain confirmation of the existence of the processing of your personal information by SmokeOn.

• Right to obtain access to the personal information processed by SmokeOn.

• Right to obtain correction of incomplete, inaccurate, or out-dated personal information.

• Right to obtain anonymization, blocking, or deletion of unnecessary or excessive personal information or personal information processed in noncompliance with the provisions of the LGPD.

• Right to obtain portability of the personal information processed by SmokeOn to another service provider or product provider, by the means of an express request, in accordance with Brazil’s regulations, and subject to commercial and industrial secrets.

• Right to obtain deletion of personal information processed with your consent, except when storage of the personal information is authorized by applicable law (e.g., in order for SmokeOn to comply with its legal or regulatory obligations, or where use is exclusive to SmokeOn and the personal information has been anonymized).

• Right to obtain information about entities with which SmokeOn has shared your personal information.

• Right to obtain information about the possibility of denying consent for SmokeOn to process your personal information and the consequences of such denial.

• Right to revoke consent at any time, by express request, through a facilitated and free of charge procedure, with processing carried under previously given consent remaining valid as long as there is no request for deletion.

If you wish to exercise one of the rights discussed above, you or your legally constituted representative, may do so by submitting an express written request to customercare@smokeon.com with the subject line, “Brazil Resident Request.” Please note that, consistent with the LGPD, we strive to adopt security, technical, and administrative measures to protect personal information from unauthorized access and accidental or unlawful situations of destruction, loss, or improper or unlawful processing. Such measures may result in us requesting specific information from you to help us confirm your identity, which may affect the timeliness of our response to your request.

You also have the right to petition, regarding your personal information, against us before the national authority responsible for supervising, implementing and monitoring compliance with the LGPD in Brazil.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

2) Purposes, Types and Duration of Processing and Sharing Activities

We will process different types of information for different purposes under different lawful bases under the LGPD depending on the nature of the information and your relationship with us. We may process your personal information on more than one basis depending on the specific purpose for which we have collected or are otherwise using your information. We only process “sensitive personal information,” as that term is defined by the LGPD, with your consent or to comply with our legal obligations.

The table in Section D(2) above (“Lawful Basis under GDPR”) provides information concerning the specific purposes of the processing of your personal information and the lawful bases for processing your personal information under the LGPD.

We process your personal information by collecting, classifying, using, transmitting, distributing, storing, deleting, evaluating, controlling, modifying, communicating, transferring and disseminating the information as described in this Policy. We will process your personal information for as long as is necessary to fulfill the purposes for which it was collected or as required for us to comply with our legal obligations or contractual obligations with you.

Please refer to the “Disclosure of Your Information” portion of this Policy to learn more about the third parties with whom we share your personal information and the purposes for such sharing. Processing agents (as defined by the LGPD) with whom we share your information are bound by contracts or conditions of engagement that require care be taken by the agent with respect to the processing of your personal information and/or that such processing be at our direction and according to our instructions.

3) International Transfers

If we transfer personal information from Brazil to the United States or any other country, we will implement appropriate legal mechanisms to ensure an adequate level of personal data protection consistent with the LGPD’s requirements. For example, we may transfer to countries that provide a level of protection of personal information that is similar to the protections afforded under the LGPD, or we may guarantee compliance with the LGPD through the use of standard contractual clauses.

Protection of Your Information

We use appropriate administrative, technical, and physical measures to protect your personal information from loss, theft, and unauthorized use, disclosure, or modification. Please be aware that no data transmission over the Internet is 100% secure. While we strive to protect your personal information, we cannot ensure or warranty the security of any information you transmit to us and you do so at your own risk. You are responsible for maintaining the confidentiality of the username and password for your Services account portal.

Links to Third-Party Websites

Our Services may contain links to third-party websites. Such websites have separate privacy policies that you should review. We cannot take responsibility for the content of linked websites or those companies’ data-handling practices.

Children’s Privacy

Our Services are general audience websites and applications and are not directed at children under the age of 16. Accordingly, we do not knowingly collect personal information from children under age 16 through the Services. Should we discover that a child under age 16 provided us with personal information, we will use that information only to inform the child that we must have parental consent before receiving such information.

International Transfers

SmokeOn is headquartered in the United States and, as a result, the information you provide to us may reside on servers or workstations located the United States. You understand and consent that information you provide may be transferred to the United States. You also understand that the data protection laws in the United States may be different from those of the country where you reside. When we transfer personal information to the United States, we will implement appropriate and suitable safeguards to protect such information as may be required by applicable data protection laws.

Data Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or other mandatory reporting requirements. To determine the appropriate retention period we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process it, whether we can achieve those purposes through other means, and the applicable legal requirements. We also consider any specific limitation periods under applicable law.

Changes to this Policy

Please note that we may change this Policy from time to time. If there are changes to our Policy, we will post them here and update the “Last Updated” date at the top of this document. Continued use of this website after any changes is deemed to be acceptance of those changes. Accordingly, we encourage you to check the Policy periodically for updates.

How to Contact Us

For questions or more information about our privacy practices, or to raise any challenges or concerns, please contact us by e-mail at customercare@smokeon.com or by using the contact information provided below:

SmokeOn, LLC

Attn: Privacy

3402 Oakwood Mall Drive, Ste 100 Eau Claire, Wisconsin USA 54701

Email: customercare@smokeon.com

Toll-Free Phone: 855 945 0759