PRIVACY POLICY

Privacy Policy

This Privacy Policy (“Policy”) of www.AiRO.app  and all related content, materials and services (collectively, the “Site”) is hereby made effective as of March 7, 2025, by AiRO Inc., a Utah Corporation (“AiRO” or “we” or “us” or “our”), and, without waiving or otherwise releasing any right or obligation under any prior privacy policy or similar document or agreement of AiRO, including without limitation any prior privacy policy or similar document or agreement set forth on the Site, hereby amends and restates any such prior privacy policy.

By using or accessing the Site, you (“you” or “your” or “user” or “member”) (i) agree and acknowledge that you have read and understood this Policy, and (ii) acknowledge and consent to the learning, collection, and use of your Personal Information (as hereinafter defined) as described in this Policy. If you do not agree with any portion of this Policy, you are prohibited from using or accessing the Site.

I.          General

When you register for a membership on the Site and when you complete a user profile and use the Site, you will provide certain data and information to AiRO and, during your use of the Site, AiRO will learn, collect, and use certain additional data and information about you for various purposes, as more fully set forth in this Policy. You will also upload photos and videos of yourself. This data and information includes, without limitation, name, age, gender, physical address or location, electronic mail address, telephone number, cellular number, billing and credit card information, demographic information, internet protocol address, browser types, domain name, mobile device identifier, wireless carrier, fitness and physical characteristics, sport preferences, and any other data or information that you upload or provide to the Site or which is collected through your use of the Site and which may be reasonably associated with, connected to you, or used to identify you, or which would allow you to be personally identified or contacted (all such personal data and information is collectively referred to herein as, “Personal Information”).

In addition to Personal Information, when you register for a membership on the Site and when you complete a user profile and use the Site, you will provide certain other data and information to AiRO and, during your use of the Site, AiRO will learn, collect and use certain other additional data and information which cannot be used to identify you, or which would not allow you to be personally identified or contacted, including, without limitation, statistical data and information, performance, exercise, training and fitness data, aerodynamic positioning, and aerodynamic models (“Non-Personal Information”).

Even though AiRO will learn, collect, and use information about you, AiRO will not lease, sell, share or otherwise provide your Personal Information to any third party without your consent, except as provided herein.

1.      What We Learn, Collect and Use

Beginning when you register on the Site, AiRO will learn, collect, and use certain personal data and information about you and, as you use the Site will continue to learn, collect and use additional Personal Information.

Registration. In order to become a registered user of the Site, you must provide us with Personal Information. Without providing Personal Information, you cannot create an account and/or become a registered user of the Site. At the time of registration or when you choose to use certain services available or offered on the Site, AiRO may collect certain other information, including without limitation, Personal Information, from you including, without limitation, demographic information, such as location, age, or gender. This information will also include images and videos of the user. AiRO may request or collect Personal Information from you during any registration process which AiRO may use to provide or improve the Site or user experience, or may use as is otherwise provided herein. AiRO may store Personal Information, and it may be included in databases owned and maintained by AiRO’s affiliates, agents, or service providers.

Using the Site. When you use and interact with the Site, AiRO also receives and stores additional Personal Information, which information may or may not be personally identifying information. Such information includes, without limitation, your internet protocol address, browser types, domain name, and other statistical data involving your use of the Site and/or our services. Such information is collected passively using various technologies or may be provided by you through communications with the Site or AiRO.

AiRO uses “cookies.” A cookie is a piece of information that the Site gives to your computer when you access the Site. Cookies are used by AiRO to track your usage of the Site, trends on the usage of the Site and to improve the Site and analyze and assess changes to, successes and failures of the Site and portions thereof. Members who do not wish to have cookies placed on their computers should set their browsers to block cookies. Some features of the Site may not function properly if the ability to accept cookies is disabled. We also use other programs, software and/or applications, including, without limitation, Google Analytics, to analyze typical user behavior.

AiRO may also collect information through other commonly used techniques, including without limitation, (i) through your browser, computer, mobile device, or tablet to ensure Site functionality, (ii) though pixel tags, web beacons, or clear GIFs, (iii) through Flash objects; or (iv) through your IP Address. If you disable our ability to collect or obtain information through any of the above-referenced means, some or all of the features of the Site may not function properly. For security purposes and to ensure the availability of the Site, AiRO may also use programs, software and/or applications to monitor network traffic, to identify unauthorized attempts to upload or change information, or otherwise cause damage to the Site or AiRO.

Based on how the internet operates, when you visit the Site we automatically receive the uniform resource locator of the prior webpage that you were on and of the webpage where you go after the Site. AiRO also receives the internet protocol address of your computer, the type of operating system and web browser you are using, your location, date and time of your access, pages viewed on the Site and other information related to your visit to the Site.

AiRO may also collect information when you interact with the Site’s or AiRO’s customer service in order to assist you and to improve the operation of the Site.

Please note that our advertisers and third-party providers may also use cookies, web beacons, or these other tracking technologies in messages and advertisements displayed on the Site. We do not have access to information that would confirm all uses of cookies, web beacons, or other tracking technology by our advertisers and other third-party providers. Clicking on any messages or advertisements displayed on the Site may result in sharing your Personal Information with the advertisers or third-party providers of that message or advertisement and will be considered your affirmative consent to this sharing.

How We Use Your Personal Information

AiRO uses the Personal Information to provide you with products and services and to perform our responsibilities under a contract we have with you. AiRO also uses your Personal Information in connection with the operation, development and improvement of the Site and other products and services offered by AiRO and its affiliates, the operation and billing of your account and/or membership, and for other uses consistent with this Policy. AiRO may use your Personal Information for any internal purpose, including, without limitation:

  • to respond to your inquiries and fulfill your requests;

  • to inform you about important information regarding the Site, products or services for which you subscribe or may be interested in subscribing for, or in which you are already enrolled, changes to terms, conditions, and policies and/or other administrative information;

  • to manage your account and for other membership, subscription and billing purposes;

  • to allow outside vendors to perform services required by the Site;

  • to deliver marketing communications, whether from AiRO, its affiliates or third parties, that we believe may be of interest to you, including, ads or offers tailored to you;

  • to personalize your experience on the Site

  • to verify your identity and/or location in order to allow access to your accounts, and to maintain measures aimed at preventing fraud and protecting the security of account and Personal Information;

  • for risk control, security purposes, fraud detection and prevention;

  • to comply with laws, rules or regulations, or with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures or law enforcement process; or

  • for general AiRO business purposes, including, without limitation, data analysis, audits, developing and improving existing and new products and services, enhancing the Site, identifying usage trends and determining the effectiveness of promotional campaigns, and to otherwise manage and operate the Site, develop new services and products and conduct the business and operations of AiRO and its affiliates.

YOU SHOULD NOT PROVIDE ANY PERSONAL INFORMATION UNLESS YOU CONSENT TO THAT INFORMATION TO BE USED IN ACCORDANCE WITH THIS POLICY.

Please be aware that you are responsible for the payment of any fees or costs incurred by you in connection with receipt of communications from AiRO, including data, internet, cellular carrier, or other similar fees.

AiRO recognizes the importance of the privacy of its users and does not lease, sell, share, or otherwise provide Personal Information to third parties, except as provided herein. AiRO will not disclose or provide your Personal Information to any third party except:

  • as otherwise described in this Policy, including, without limitation, the internal purposes described above;

  • to allow a third party to perform services for AiRO or its affiliates related to the operation, development and improvement of the Site and other products and services offered by AiRO and its affiliates, and the operation and billing of your account and/or membership;

  • as otherwise required by laws, rules or regulations, or to comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures or law enforcement process;

  • as reasonably necessary to respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual, entity or government agency;

  • as reasonably necessary to deliver marketing communications, whether from AiRO, its affiliates or third parties, that we believe may be of interest to you, including, ads or offers tailored to you;

  • as reasonably necessary to enforce AiRO’s rights under this Policy, the Terms and Conditions, or any other policy, document or agreement;

  • as reasonably necessary to detect, prevent and address fraud and other illegal activity and to prevent death or imminent bodily harm; or

  • as reasonably necessary to protect the rights and property of AiRO or its officers, directors, shareholders, employees or agents.

AiRO may post and use any testimonials that you have provided about the Site, in connection with the marketing and promotion of the Site. Testimonials and other marketing, promotions and advertisements may include obfuscated Personal Information (such as first name and general location) that you have provided to AiRO.

AiRO may also disclose your Personal Information to a third party as part of a sale of the ownership or assets of AiRO, as the result of a proposed or actual change in control of the company, or in connection with any financing of or investment in AiRO by a third party. Any successor or assign of AiRO, including, without limitation, any third party to which AiRO transfers or sells AiRO’s assets or to which the owners of AiRO transfer their equity interests, by any means, will have the right to continue to use your Personal Information as set forth herein.

AiRO may also learn, collect, and use certain Non-Personal Information when you register, use or interact with the Site. This Non-Personal Information may include, without limitation, demographic information, or data, information, and other metrics regarding the use of and access to the Site. AiRO may also generate Non-Personal Information from the Personal Information we receive, collect, and obtain under this Policy. Once AiRO receives or generates any Non-Personal Information, AiRO may use or share that Non-Personal Information for any lawful purpose without a further duty or obligation to you. This will include, without limitation, developing products and services based on Non-Personal Information, providing those products and services to you or to other third parties, providing targeted marketing or advertising to users, or providing aggregated anonymous data about the usage of the Site to third parties for purposes that we deem, in our sole discretion, to be appropriate, including, without limitation, to prospective advertisers or investors.

Access to and Protection of Your Personal Information. You have a right to access, modify, correct, and request that AiRO internally delete any of your Personal Information provided to or obtained by the Site or AiRO. To the extent that such Personal Information cannot be modified or corrected in your user profile by logging into your account and going to the “Edit Profile” page, any other request for access, modification, correction or deletion of your Personal Information, or a part thereof, should be addressed to support@airo.app. If you update, modify, or correct any such Personal Information, we may keep copies of your Personal Information prior to such update, modification or correction for uses provided for in this Policy. You may request internal deletion of your Personal Information at any time by contacting AiRO in the manner set forth below, provided that AiRO may retain, use and disclose your Personal Information as set forth in this Policy. AiRO will endeavor to respond to your request in a timely manner. You recognize, acknowledge and agree that the Site and certain products and services of AiRO require Personal Information as a condition to their availability to you, or as part of their functionality, and that to the extent you delete or withhold Personal Information, the Site and other products and services may not be available to you or their functionality may be limited.

Any Personal Information that you provide to AiRO will be protected in a commercially reasonable manner. Although we will take these measures to protect your Personal Information, “perfect security” does not exist, and we cannot guarantee that your Personal Information will be secure in all situations. AiRO recommends that you take additional measures to protect yourself and your information, such as installing anti-virus software, closing browsers after use, keeping confidential your log-in credentials and passwords, and making sure that you regularly update software and apps you have downloaded to ensure you have enabled the latest security features on your devices.

Do Not Track

We do not track our members over time and across third party websites to provide targeted advertising and therefore we do not respond to Do Not Track (DNT) signals.

Links to Other Websites

We are not responsible for the practices employed by websites linked to or from the Site, nor the information or content contained therein. Please remember that when you use a link to go from the Site to another website, this Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on the Site, are subject to that website's own rules, terms and conditions, and/or policies.

Children

The Site is not directed to individuals under the age of 13. AiRO does not intentionally collect any information on the Site from those we actually know are under 13; in fact, registration for and use of the Site by persons under the age of 18 is expressly prohibited. If we become aware that we have collected any information, including without limitation Personal Information, from a person under age 13, we will take steps to remove that information.

Miscellaneous

AiRO reserves the right to revise this Policy at any time without prior notice to you. By using the Site, you are agreeing to be bound by the then-current version of this Policy, and your continued use of the Site reaffirms your agreement to the then-current Policy. You agree to consult the Site regularly for up-to-date information about this Policy. Without limiting the foregoing, AiRO will post any revisions to this Policy on the Site and notify you that a revised Policy has been posted through your electronic mail address contained in your user account. It is your sole responsibility to ensure that this address is a current address and that you monitor this address for communications from AiRO. Any revisions to the Policy will be effective five (5) business days from posting of such revisions to the Site for existing users, and shall be effective immediately for new users.

Any claim under this Policy or otherwise related to the Site or AiRO shall be governed by the laws of the State of Utah without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in Salt Lake County, Utah. You agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah, for the purpose of litigating all such claims. Notwithstanding the above, you agree that AiRO shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction and shall be entitled to enforce a judgment against you in any jurisdiction.

AiROAiRO reserves the right to limit the availability of the Site, and any other products or services of AiRO, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.

If any provision of this Policy is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Policy will not be affected in any way

Questions about this Policy should be addressed to support@airo.app. If you would like a physical or electronic copy of this Policy, please address the request to support@airo.app. If we need, or are required, to contact you concerning any event that involves any of your Personal Information that we collect, use, or share, we may do so by electronic mail, telephone, or mail using the address or number we have on file for you.

IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THIS POLICY, PLEASE EXIT THE SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THIS POLICY.

EU’s General Data Protection Regulation

This Privacy Policy is intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”).

This Privacy Policy applies to citizens of the European Union, to whom AiRO offers goods or services, or who access the Site and may be subject to monitoring or the collection of personal data by AiRO (“you” or “your” or “EU User” or “EU Member”), as when you browse the Site, register for a membership, or use our goods or services or other materials available on or through the Site, you will be providing certain information to us that could be used to identify you, and we will learn, collect, use and share certain information about you for various purposes, as more fully set forth in the Privacy Policy and this GDPR Supplement.

1. Contact Information

If you have questions regarding the Privacy Policy or this GDPR Supplement, then you should contact AiRO at support@airo.app.

Likewise, if you desire to exercise a right described Paragraphs 2 through 9, below, and your exercise of that right requires you to contact AiRO, then you should contact AiRO at support@airo.app.

2. Right to Access

You have a right to confirmation by AiRO as to whether AiRO is processing your personal data and, where that is the case, you have a right to access the following information:

  • the purpose of the processing;

  • the categories of personal data concerned;

  • the recipients or categories of recipients to whom your personal data have been or will be disclosed;

  • the envisaged period for which your personal data will be stored or the criteria used to determine that period;

  • the existence of your right to rectification (discussed below);

  • the existence of your right to erasure (discussed below);

  • the existence of your right to restrict processing (discussed below);

  • the existence of your right to object to processing (discussed below);

  • the existence of your right to lodge a complaint with a supervisory authority (discussed below);

  • whether AiRO uses your personal data for automated decision-making and, where that is the case, the logic involved and the significance and envisaged consequences to you;

  • where AiRO does not collect your personal data directly from you, the existence of your right to information regarding AiRO’s source of your personal data; and

  • where AiRO intends to transfer your personal data to a third country or international organization, the existence of your right to be informed of the appropriate safeguards used in connection with the transfer.

Your right to access includes the right to obtain a copy of the personal data AiRO is processing. In compliance with the GDPR, AiRO will provide one such copy for free, but AiRO may charge a reasonable fee for any additional copies.

3. Right to Rectification

You have a right to obtain from AiRO the rectification of inaccurate personal data concerning you. Additionally, taking into account the purposes for which AiRO is processing your personal data, you have a right to obtain from AiRO the completion of incomplete personal data concerning you.

4. Right of Erasure

  • A. General Rule

You have a right of erasure to obtain from AiRO the erasure of your personal data based on any of the following grounds:

    • your personal data is no longer necessary in connection with the purposes for which AiRO collected or otherwise processed your personal data (subject to the exceptions described in Paragraph 4(B), below);

    • AiRO collected or otherwise processed your personal data on the basis of your consent and you have since withdrawn your consent (subject to the exceptions described in Paragraph 4(B), below);

    • you have exercised your right to object to processing (discussed below) and there are no overriding legitimate grounds for AiRO to continue processing your personal data;

    • AiRO has unlawfully processed your personal data;

    • compliance with a legal obligation imposed by the EU or the law of any “member state” of the EU (a “Member State”), to which AiRO is subject, requires the erasure of your personal data; or

    • AiRO has collected your personal data in relation to the offer of information society services, i.e., an offer for a service normally provided for remuneration, at a distance (the parties are not simultaneously present), by electronic means, and at the individual request of the recipient of the service.

  • B. Exceptions

Your right to erasure described in Paragraph 4(A), above, does not apply where AiRO’s processing of your personal data is necessary for:

    • exercising the right of freedom of expression and information;

    • complying with a legal obligation imposed by the EU or any Member State to which AiRO is subject or for carrying out a task in the public interest; or

    • establishing, exercising, or defending legal claims.

5. Right to Restrict Processing

You have a right to restrict AiRO’s processing of your personal data if any of the following applies:

  • you contest the accuracy of your personal data AiRO is processing, (for a period sufficient to enable AiRO to verify its accuracy);

  • AiRO’s processing of your personal data is unlawful but you object to the erasure of your personal data;

  • your personal data is no longer necessary in connection with the purposes for which AiRO collected or otherwise processed your personal data, but you require your personal data for the establishment, exercise, or defense of legal claims; or

  • you have exercised your right to object to processing (discussed below), (pending verification that AiRO has overriding legitimate grounds to process your personal data).

If you exercise your right to restrict processing, and if your exercise of said right is valid, then AiRO can store your personal data but cannot otherwise process your personal data without your consent, unless otherwise processing your personal data is necessary for the establishment, exercise, or defense of legal claims, the protection of the rights of another natural or legal person, or for reasons of important public interest of the EU or a Member State.

6. Right to Object to Processing

  • A. Right to Object to Processing Based on Your Particular Situation

Where AiRO’s processing of your personal information is necessary for the performance of a task carried out in the public interest or for legitimate interests pursued by AiRO, you nevertheless have a right to object to AiRO’s processing of your personal information on grounds relating to your particular situation. If you exercise your right to object to processing described in this Paragraph 6(A), AiRO cannot process your personal data unless AiRO demonstrates that it has overriding legitimate grounds to process your personal data.

  • B. Right to Object to Processing for Direct Marketing Purposes

You have a right to object to AiRO’s processing of your personal information for direct marketing purposes. If you exercise your right to object to processing described in this Paragraph 6(B), AiRO cannot process your personal information for direct marketing purposes.

7. Right to Data Portability

Where AiRO’s processing of your personal data is based on your consent or is necessary for the performance of a contract to which you are a party or is necessary to take steps requested by you prior to entering into a contract, and where AiRO’s processing of your personal data is carried out by automated means, you have a right to data portability. This means that you have a right to receive from AiRO a copy of the personal data you provided to AiRO in a structured, commonly used, and machine-readable format. Additionally, this means that you have a right to require AiRO to transmit directly to a third party the personal data you provided to AiRO, provided that such transmission is technically feasible and provided further that such third party is a natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of processing personal data.

8. Right to Withdraw Consent to Processing

Where AiRO’s processing of your personal data is based on your consent, you have a right to withdraw consent. However, your withdrawal of consent will not affect the lawfulness of AiRO’s processing of your personal data prior to your withdrawal of consent.

9. Right to Lodge a Complaint with a Supervisory Authority

If you think that AiRO’s processing of your personal data is unlawful or otherwise improper, you have a right to lodge a complaint with a Supervisory Authority. A “Supervisory Authority” is an independent public authority established by a Member State pursuant to Article 51 of the GDPR. You should contact the Supervisory Authority established by the Member State of which you are a citizen. If you cannot identify that Supervisory Authority, then you may contact AiRO using the contact information provided in Paragraph 1, above. AiRO will exercise its best efforts to assist you in identifying that Supervisory Authority.

10. Intention to Transmit Your Data to a Third Country

The personal data collected by AiRO is transmitted over the internet. AiRO employs several safeguards to protect the transmission of your personal data. These safeguards include encryption of certain data and other commercially reasonable measures and practices. If you desire more information regarding these safeguards, then you should contact AiRO using the contact information provided in Paragraph 1.