Product Warranty

(a) Safe Retrieve, LLC provides the original purchaser (the “Buyer”) with a 1-year limited warranty for SkyShepherd series products. The limited warranty entitles the Buyer with repair or replacement of the purchased SkyShepherd device, at Safe Retrieve’s sole option. This limited warranty begins from the date of purchase. All shipping fees incurred, the cost of accessories after the first year, and labor fees associated with out-of-warranty repair work are the Buyer’s responsibility. Labor fees will vary depending on the extent of work required. To qualify for the Safe Retrieve warranty and initiate repair work, proof of purchase must be provided. Safe Retrieve strongly recommends keeping the original receipt/order number.

(b) BUYER’S EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL BE LIMITED TO REPAIR OR REPLACEMENT (AT SAFE RETRIEVE’S OPTION) OF ANY PARTS FOUND DEFECTIVE BY SAFE RETRIEVE WITHIN THE WARRANTY PERIOD.

(c) The foregoing limited warranty shall be void in the case of any failure to use and maintain the Product in accordance with Safe Retrieve’s operating and maintenance instructions, rough handling, mechanical damage, alteration, repair not in accordance with Safe Retrieve’s instructions, or Purchaser’s failure to immediately notify Safe Retrieve of any defective Product.

(d) The LIMITED warranty sets forth the full extent of SAFE RETRIEVE’s liability and is in lieu of any and all other warranties or remedies, express, implied or statutory, and all other obligations or liabilities of SAFE RETRIEVE, with respect to the Products, including but not limited to, warranties of merchantability or fitness for a particular purpose.

Not Covered Under Warranty

Safe Retrieve, LLC does not offer a warranty for products purchased secondhand, except for new products sold to customers through approved third-party affiliates of Safe Retrieve.

Safe Retrieve does not cover the cost of repairs and replacements due to misuse by the owner or dog or improper maintenance. The warranty does not cover lost devices.

The warranty is void if SkyShepherd has been altered or disassembled in any way, including damages caused by an unauthorized person attempting repair work. Your SkyShepherd must be sent to Safe Retrieve for any required repairs. Removing the serial number from any Safe Retrieve product will void the warranty. Safe Retrieve reserves the right to retain or discard any parts or accessories that have been found damaged upon replacement and repair.

Procedure for Repair Work

If you believe SkyShepherd is malfunctioning, please refer to the Frequently Asked Questions section of our help center at https://help.skyshepherd.com, visit the Contact Us page on skyshepherd.com, email us at support@skyshepherd.com, or call 1-844-SKY-SHEP (1-844-759-7437) for technical support before sending the device to Safe Retrieve for service. The cost of shipping products, whether under or outside of warranty, to Safe Retrieve is the customer’s responsibility. Safe Retrieve is not responsible for devices damaged or lost in transit to Safe Retrieve. Safe Retrieve is not responsible for loss of training time or inconvenience while SkyShepherd is in for repair work. Safe Retrieve does not provide loaner devices or any form of compensation during the repair period.

The order number for your collar purchase may be required before warranty work is initiated.

Please include a brief explanation outlining the problem and include your contact information (name, address, city/state/zip code, daytime phone number, evening phone number, and email address) or visit skyshepherd.com for a service request form. If the repair is not covered under warranty, we will call you for payment information and authorization. For any questions concerning your Safe Retrieve products, call 1-844-SKY-SHEP (1-844-759-7437) during business hours [M–F, 8:00 a.m.–4:30 p.m. (Central Time)], or email specific repair inquiries to support@skyshepherd.com.

The diagrams and representations in this manual may differ slightly from the actual product depending on the model, firmware version, or app version you are using.

Send device to be repaired to:

Safe Retrieve, LLC/Repairs

2095 Daniels Street #474

Long Lake, MN 553356

U.S.A.

Safe Retrieve, LLC Refund Policy - Effective 19 January 2023

We have a 60-day return policy, which means you have 60 days after receiving your item to request a return.

To be eligible for a return, your collar must be in working order, with all components. You must also be able to provide your order number and name so we can look up your purchase.

To start a return, you can contact us at support@skyshepherd.com.

If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

You can always contact us for any return question at support@skyshepherd.com.

Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

European Union 14 day cooling off period
Notwithstanding the above, if the merchandise is being shipped into the European Union, you have the right to cancel or return your order within 14 days, for any reason and without a justification. As above, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.
If more than 15 business days have passed since we’ve approved your return, please contact us at support@skyshepherd.com.

SkySHepherd by Safe Retrieve, LLC Terms of Use

Effective Date: January 19, 2023

Safe Retrieve, LLC (“we,” “us,” “our,” or “Safe Retrieve”) operate a website at https://www.skyshepherd.com (the “Website” or “Site”) and license a mobile application (together with all documentation and updates, the “App”) that application end users (“you,” “your,” or “Users”) may download, install, and use. The App is available through iTunes and Google Play app stores. The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”), along with our Privacy Policy, governs your use of the Site (including any subdomains of the Site) and the App, as well as any other services and associated devices provided through the SkyShepherd platform (collectively, the “System”).

By downloading, installing, or using the App or using or accessing any part of the System, you accept and agree that you are legally bound by these Terms and our Privacy Policy.  If you do not agree to these Terms or our Privacy Policy, do not use, access, download, or install any part of the System.

This Agreement is between you and Safe Retrieve only. Apple, Inc., Microsoft, Inc., Amazon Web Services, Inc., and Google LLC are not parties to this Agreement; however, they, and their subsidiaries, are third party beneficiaries of this Agreement as pertaining to the App provided through the relevant app stores.  As such, once you accept this Agreement, Apple, Inc., Microsoft, Inc., Amazon Web Services, Inc., and Google LLC, as applicable, shall have the right to enforce this Agreement against you. Apple, Inc., Microsoft, Inc., Amazon Web Services, Inc., and Google LLC, or any other party related to the platform or mobile device are not a party to these Terms and have no responsibility for the App or obligation to furnish any maintenance or support services with respect to the App.

Revisions to the Terms of Use

We may revise and update these Terms in our sole discretion, and will post any updates to these Terms on the SkyShepherd website at https://www.skyshepherd.com and the App.  Your continued use of the App or System means that you accept and agree to the modified Terms.

License Grant and Intellectual Property

Subject to these Terms, the terms and conditions through the Apple® or Android® platforms, and the terms and conditions of your mobile carrier, you are granted a non-exclusive, non-transferable, revocable license to access and use the System strictly in accordance with these Terms and related platform terms and conditions. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party's use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.

All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.

Your Account

Use of parts of the System may require that you create an account with a username and a password. You are solely responsible for the activity on your account. To create an account, you must:

·       Be eighteen years of age or older;

·       Provide accurate information; and

·       Keep your log-in and password secure.

The System may permit you to authorize other users to use your account and access information about your registered pet (an “Authorized User”). You are solely responsible for the actions of any Authorized User and for any misuse or unauthorized use of your account.

You may delete your account by contacting us at support@skyshepherd.com

Your Responsibilities as a Pet Owner

You are solely responsible for ensuring the safety and containment of your pet, and Safe Retrieve does not guarantee containment of your pet or that your pet will be found if lost. Safe Retrieve is not responsible for searching for or recovering your pet.

Alerts from Safe Retrieve about your pet do not in any way obligate Safe Retrieve to take any responsive action. Safe Retrieve is not responsible in the event your pet gets out of the boundary or becomes lost or injured or for any emotional distress that may be caused.

User Content on the System

To the extent portions of the App allow you to comment or otherwise post regarding content on the App (“User Content”), you may not post User Content that:

·       Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;

·       Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically, or otherwise objectionable or offensive; inappropriate; or inflammatory;

·       You know (or reasonably should know) is false, deceptive, or misleading;

·       Contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, or passwords;

·       Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or

·       Violates any applicable local, state, national, or international law.

By posting User Content on the System, you are granting us a non–exclusive, worldwide, fully paid–up and royalty–free, fully assignable, transferable, and sub-licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based on User Content, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known. By posting User Content on the System, you represent and warrant that the posting of your User Content does not violate these Terms or applicable laws.

Safe Retrieve does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on our System. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit, or remove any User Content, in whole or in part, at our sole discretion.

UNDER NO CIRCUMSTANCES SHALL SAFE RETRIEVE OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SYSTEM. We do not control, have no obligation to monitor, and are not responsible for what users post, and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal User Content on the System.

Access to the System

We reserve the right to delete or amend the System and any service or material we provide on the System, in our sole discretion, without notice or liability. We will not be liable if for any reason all or any part of the System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the System or the entire System.

Term and Termination

These Terms remain in force so long as User continues to access or use the System or until terminated by any party. Safe Retrieve may terminate this Agreement for any reason at any time and Users may terminate by uninstalling the App and discontinuing all of Safe Retrieve’s services. Safe Retrieve reserves the right, in its sole discretion, to suspend or terminate Users’ accounts and access to or use of the System at any time if Safe Retrieve believes Users have acted in violation of these Terms, Safe Retrieve’s Privacy Policy, or applicable law, or have attempted to interfere with the System, or have acted with intent to annoy, abuse, threaten, or harass any other person. Upon termination, Users’ access to the System will cease.


Links to Other Websites and Connecting through Social Media

The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

Indemnification

You agree to indemnify, defend, and hold harmless Safe Retrieve, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your or your Authorized Users’ use of or inability to use the System, any claim that your or your Authorized Users’ content violates the intellectual property rights of a third party, your or your Authorized Users’ violation of these Terms, or your or your Authorized Users’ violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you or your Authorized User, in which event you will fully cooperate with us in asserting any available defenses. You acknowledge that, in the event of any third party claim that the System or your possession and use of the System infringes that third party’s intellectual property rights, Safe Retrieve, and not Apple, Inc., Microsoft, Inc., Amazon Web Services, Inc., or Google LLC, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Electronic Communications

Using the App, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

Warranty and Limitation of Liability

SAFE RETRIEVE AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SAFE RETRIEVE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAFE RETRIEVE AND/OR ITS AFFILIATES OR SUPPLIERS, AS WELL AS APPLE, INC., MICROSOFT, INC., AMAZON WEB SERVICES, INC., AND GOOGLE LLC, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, DAMAGES FOR INJURY TO YOU, AN AUTHORIZED USER, OR YOUR PET, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAFE RETRIEVE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO UNINSTALL THE APP AND DISCONTINUE USING THE SYSTEM.

Geographic Restrictions

The System is controlled, operated, and administered by Safe Retrieve in the United States. We provide this System for use only by persons located in the United States. We make no claims that the System or any of its content is accessible or appropriate outside of the United States. Access to the System may not be legal by certain persons or in certain countries. If you access the System from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law, Venue and Jurisdiction

These Terms shall be treated as though they were executed and performed in Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the System or under these Terms, the Privacy Policy, and any legal notices on this System, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.

Miscellaneous Terms

These Terms, together with our Privacy Policy are the entire agreement between you and us related to your use of the System and the App.

No waiver of these terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

Contact Information

To contact us, email us at support@skyshepherd.com.  

Safe Retrieve, LLC Privacy Policy

Effective Date: January 19, 2023

This Privacy Policy explains our privacy practices, defines our users’ (“you,” “your,” or “Users”) privacy options, and describes how your information is collected and used by Safe Retrieve, LLC (“we,” “us,” “our,” or “Safe Retrieve”).

This Privacy Policy, along with our Terms of Use, governs your use of the Safe Retrieve website at https://www.skyshepherd.com as well as any of our applications (“App”), products, services, features, tools, or resources, including any services provided through the SkyShepherd platform (collectively, the “System.”). We will not use or share your information with anyone except as described in this Privacy Policy. By providing information to us or using our System, you are consenting to our use of your data as outlined in this Privacy Policy.

By downloading, installing, or using any portion of the System, you agree to the terms of this Privacy Policy and our Terms of Use.

Revisions to the Privacy Policy

We reserve the right to modify this Privacy Policy from time to time and will mark new versions with a corresponding effective date. Your continued use of the System constitutes your agreement to our then-current Privacy Policy.

Information Collection and Use

We may collect personal information about you in connection with your use of the System. For example, this information may be voluntarily provided when you register an account, customize and fill out your User, authorized user, and pet profiles, sign up for a mailing list, fill out a “Contact Us” form, or submit information in connection with a purchase or as part of other online services.

The information we may collect includes, but may not be limited to:

• Name, registered pet names, and other information submitted in connection with a customized user or pet profile;

• Email address, phone number, mailing address, and other contact information;

• Financial information necessary to process a purchase or other request;

• Business affiliations; and

• Other information related to your requests or inquiries.

Some of the personal information we collect from you may happen automatically. We use tracking technologies such as cookies and log data to automatically collect information when users visit and use our System. Information we collect includes but may not be limited to:

• Anonymous usage analytics;

• Location data of the device using our App;

• Location data of the SkyShepherd pet device;

• Behavioral patterns of a registered pet’s movements;

• In a case of an error in the System, we collect data and information (through third party products) on your device called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the App when utilizing our System, the time and date of your use of the System, and other statistics. We use this data for quality control and development in order to improve the System;

• IP address to measure our website traffic and to help provide a more personalized experience;

• Information regarding your browser and other technical specifications required to use the System;

• Your transaction history relating to the use of our products and services; and

• Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites.

The System also uses third party services that may collect information used to identify you.

Cookies

Cookies are small data files that help us keep track of your usage of the System. Many of the cookies we use enable the System to function as you would expect it to. Cookies enable the System to remember things like your login information, so you do not have to re-enter it, user preferences, and other personalized settings. Cookies also enable us to track and analyze user behavior in order to improve our System. Most web browsers automatically accept cookies, but you can choose to accept or decline certain types of cookies if you prefer. However, declining cookies may impact the functionality of the System and in some cases you may not be able to access the functions of the System. We use the following categories of cookies on the System:

• Session cookies: Session cookies are stored on the user’s hard drive temporarily and are deleted when the user ends the browsing session. Session cookies are useful for things like keeping items in a shopping cart while the user continues to browse.

• Persistent cookies: Persistent cookies stay on the user’s hard drive until they expire, even after the browser is closed. Persistent cookies are useful for remembering things like login information, so users do not have to enter their password every time they visit the System.

• Third-party cookies: Third party cookies are not installed directly by our System, but by third parties such as advertisers. Third party cookies are used to track advertising preferences from site to site, and to gather data about users’ browsing habits in order to improve the user experience.

To learn more about the use of cookies by Google for analytics and to exercise choice regarding those cookies, please visit the Google Analytics Opt-out Browser Add-on or the Digital Advertising Alliance.

Apart from cookies, when you engage in a transaction with us or clock on certain features, we will use a hashing algorithm that protects your personal information before we send it to Google for analytics and matching purposes. For more information on this process, please see How Google Uses Enhanced Conversion Data.

There are “do not track” or similar browser choices available to internet users with respect to online web activity but given the present lack of consensus of what constitutes an informed election, appropriate trigger or breadth of scope of such choice, our Website will not operate any differently when a “do not track” signal is received.

Clear GIFs

Clear GIFs (also called pixel tags or web beacons) are small files embedded in websites that tell us what content a user accesses and how users navigate the System. Clear GIFs enable us to track and analyze user behavior on the System in order to make it more intuitive and user friendly.

Location Information

Our App collects, maintains, processes, and uses your location data, including the real-time geographic location of your mobile device as necessary to provide the App’s full functionality.

If you do not want us to collect this information you may opt out at any time by turning off the location-based feature on your mobile device. Note, however, that opting out of the App’s collection of location information will disable some of its location-based features.

How Is the Information We Collect Used?

We collect information about you in order to provide you with services and products, and also to collect information that is necessary for the System to work properly. We use personal information for a variety of purposes related to our business, including but not limited to:

• Providing services and support: Performing the essential functions of the System including providing feedback about a pet’s whereabouts and movement, creating boundaries through the System, responding to user inquiries, fulfilling orders and requests, processing payments, providing support and troubleshooting, verifying customer identification, providing information about a pet’s location, behaviors, and movements to the user, and communicating with users about their use of the System or regarding a user initiated inquiry on the System.

• Alerting User to Changes in Pet Behavior and Location: Over time, the System will store information about the behavioral patterns of registered pets. We may use this information to alert users to significant changes in their registered pets’ normal behavior. We may also use this information to share a pet’s location with a user or authorized user in the event a pet is lost.

• Communicating with users about products or services: Sending or initiating direct marketing programs, such as newsletters or information about new products or services we are offering; using content from social media platforms where users discuss our products or use a hashtag related to our products.

• Personalizing user experiences on our System: Tailoring content on the System based on user location, preferences, and other personalization factors.

• Analytics and System improvement: Tracking information about your and your pet’s use of the System to allow us to provide better service; using collected aggregated data sets to improve System algorithms; using certain online preferences in the aggregate across all users to evaluate the System and develop additional products and services to offer.

• Compliance with legal obligations: Sharing information to comply with the law or a legal proceeding, such as in response to a subpoena or court order.

• Other purposes necessary to carry out our obligations under this Privacy Policy or our Terms of Use

Disclosure of Information

We may share information, in the aggregate, regarding your online browsing preferences to evaluate our products or allow the third parties we work with to better serve our users. We will not share personally identifiable information in these instances, other than as described in this Privacy Policy.

We may provide user information to third-party service providers or vendors for purposes including but not limited to:

  • To facilitate our System;

  • To provide the System on our behalf;

  • To perform System-related services;

  • To initiate direct marketing programs on our behalf;

  • To perform data tracking;

  • To maintain or develop our System;

  • To perform quality assurance;

  • To provide contracted promotional opportunities provided to our users; or

  • To assist us in analyzing how our System is used.

These third parties have access to your personal information submitted through the System in order to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

We may also share this information with any subsidiaries, licensees, suppliers, distributors, affiliates, assigns, successors, or other related entities and their respective owners. We may also share your personal information in connection with law enforcement requests or in response to investigations, subpoenas, court orders, or other legal processes to establish or exercise our legal rights or defend against legal claims, or as otherwise required by law.

Business Transfers

We may also disclose your information to a third party as part of reorganization or a sale of the assets of Safe Retrieve, or its subsidiaries or divisions. Any third party to which Safe Retrieve transfers or sells the System or related assets will have the right to continue to use the personal and other information that you provide to us.

Security

We value your trust in providing us your personal information, thus we are striving to use commercially acceptable means of protecting it and maintain administrative, physical, and technical safeguards for all user information collected in our System. However, no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to Other Sites

The System may contain links to other websites. These websites may have privacy policies different than our Privacy Policy. The System may also contain social media icons or widgets. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the privacy policies of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

The System is not designed for children. We do not knowingly collect personally identifiable information from children under 13. If we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we may take appropriate actions.

Your Options

By providing information to us or using the System, you are consenting to our use of your personal information as outlined in this Privacy Policy.

While we work hard to use and disclose our users’ personal information only for the purposes identified above, you can choose not to provide personal information or limit the personal information obtained by us as follows:

• You may have your contact information removed from our marketing lists to inform users of new or relevant products, services, and special offers by clicking on the unsubscribe link in any communication received from us, or by emailing us at support@skyshepherd.com; and

• You may limit the collection of “cookies” through your browser settings. However, this may disable our ability to provide you with the most relevant products or information regarding the System.

Your California Privacy Rights Notice

This California Consumer Privacy Act Notice (“Notice”) is applicable only to California residents (“consumers” or “you”) and only supplements the information provided elsewhere in this Privacy Policy. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We may collect “Personal Information,” defined as information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device. Personal Information does not include publicly available information from government records, de-identified or aggregate consumer information, health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

The Personal Information we collect may depend on your relationship to us. We may have collected the following categories of Personal Information from California consumers in the past 12 months:

• Identifiers, such as name, contact information, and online identifiers;

• Commercial information, such as transaction information and history;

• Internet or network activity information from visits to our websites, such as browsing history and interactions with our and other websites and systems;

• Geolocation data, to the extent you use our mobile App and choose to share such data from your device; and

• Inferences drawn from any of the Personal Information categories above to create a profile or summary.

Sources of Personal Information

We collect some of the Personal Information described above directly from you, such as through your interactions with us, including those on our websites and through our systems. We also collect Personal Information from categories of sources such as third parties authorized by you.

Use of Personal Information

Depending on your relationship with us, we may use or disclose the Personal Information we collect for one or more of the following business purposes:

• Facilitate the creation of and secure your account on our network;

• Identify you as a user in our system;

• Provide improved administration of our website, services and products;

• Create, develop, operate, deliver, and improve our products, services, content, and advertising;

• Measure and analyze audience traffic and improve the quality of your experience when you interact with our website and services, and for other internal purposes;

• Send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created;

• Send you administrative e-mail notifications, such as security, or support and maintenance advisories;

• Send newsletters, surveys, offers, and other promotional materials and for other marketing purposes;

• Help recognize you as a previous visitor and save and remember your preferences and settings and deliver to you appropriate interest-based content;

• Understand whether you read email messages and click on links within those messages;

• Prevent potentially prohibited or illegal activities, comply with applicable law, and enforce our Terms of Use;

• As described to you when collecting your Personal Information or as otherwise set forth in the CCPA; and

• For other purposes permissible under applicable law.

We will not collect additional categories of Personal Information from those identified above or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may engage third party companies or individuals as service providers or business partners to process other information and support our business. These third parties may, for example, provide virtual computing and storage services, or we may share business information to develop strategic partnerships with third party service providers to support our common customers.

We share your Personal Information for a business purpose to the following categories of third parties:

• Our affiliates;

• Service providers and vendors;

• Third parties whom you authorize us to disclose your Personal Information so we may provide you our products or services; and

• To other third parties as required or permitted by law.

We do not disclose the Personal Information of consumers under 18 years of age.

Your California Privacy Rights

If you are a California resident, you may have certain rights with respect to your Personal Information, including the following:

• The right to know, for a period of 12 months prior to your request:

  • the categories of Personal Information we collected about you;

  • the specific pieces of Personal Information we collected about you;

  • the categories of sources from which we collected the Personal Information;

  • the business or commercial purposes for collecting the Personal Information;

  • the categories of Personal Information we disclosed or sold to third parties, if any, and the categories of those third parties.

• The right to “opt-out” of our sale of your Personal Information to any third parties;

• The right, with some exceptions, to have your Personal Information deleted from our possession or control; and

• The right to receive equal service and pricing from us even if you exercise any of your privacy rights.

If you exercise the right to delete your Personal Information, we may still retain your Personal Information as permitted under applicable law, including but not limited to the following purposes:

• To provide goods or services you requested;

• To detect security incidents or other fraudulent or illegal activity;

• To identify, debug and repair errors and existing impairments to intended functionality;

• To comply with our legal and regulatory obligations; and

• To enable other uses compatible with your expectations, or appropriate given the context in which the Personal Information was collected.

In addition, California Civil Code Section 1798.83 permits California residents who use our website to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

To make a request to exercise any of these rights, or if you have any questions or concerns about your rights, our Privacy Policy or our use of your Personal Information, please contact us at:

Safe Retrieve, LLC

2095 Daniels Street #474

Long Lake, MN 55356

Phone: 1 (612) 808-9925

Website: https://www.skyshepherd.com

Email: support@skyshepherd.com

Only you (or a person registered with the California Secretary of State you have authorized to act on your behalf) may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may make such a request no more than twice during a 12-month period.

We shall respond to consumer inquiries within forty-five (45) days and at no cost to you. We will inform you in writing if we require more time to respond, up to an additional forty-five (45) days. We may charge a fee to respond to excessive, repetitive, or manifestly unfounded requests, in which case we will provide you with a cost estimate and rationale before completing your request.

We must verify your identity with respect to such inquiries. Please provide enough information to permit us to locate you in our records. Depending on the nature of the Personal Information at issue and the clarity of your request, we may require additional measures or information from you as part of that verification. If you have an account with us, we will deliver our written response to that account. If you request delivery of specific pieces of Personal Information, we will select a readily useable format that should permit you to transmit the information to another entity without hindrance.

For California residents under age 18 who have publicly posted content or information, you may request and obtain removal of such content or information pursuant to California Business and Professions Code Section 22581, provided you are registered user of any website where this Notice is posted. To make such a request, please send an email with a detailed description of the specific content or information to support@skyshepherd.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that the law may not require or allow removal in all instances, even if requested.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services;

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;

• Provide you a different level or quality of goods or services; or

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Contact Us

If you have any questions or suggestions about this Privacy Policy, contact us at support@skyshepherd.com.

Patents

The following patents are currently held by GPSip, Inc. Many of them are licensed to Safe Retrieve, LLC for the purposes of the SkyShepherd GPS Dog Fence Collar application, though the individual patents may cover broader applications or fields of application.

US Patents #7,677,204, #9,795,118, #9,961,884, #10,064,390, #10,080,346, #10,165,755, #10,165,756, #10,172,325, #10,251,371, #10,292,365, #10,342,218, #10,405,520, #10,455,810, #10,470,437, #10,624,319, #10,820,575, #10,893,662, #11,019,807 and #11,246,291.

Other US and International Patents Pending.