PRIVACY POLICY
February 20, 2023
This privacy notice for Badnano Corporation ("Company," "we," "us," or
"our"), describes how and why we might collect, store, use, and/or share
("process") your information when you use our services ("Services"), such
as when you:
Download and use our mobile application (IntelliKey), or any other
application of ours that links to this privacy notice
Engage with us in other related ways, including any sales,
marketing, or events
Questions or concerns? Reading this privacy notice will help you
understand your privacy rights and choices. If you do not agree with our
policies and practices, please do not use our Services. If you still have any
questions or concerns, please contact us at info@badnano.com.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find
out more details about any of these topics by clicking the link following
each key point or by using our table of contents below to find the section
you are looking for. You can also click here to go directly to our table of
contents.
What personal information do we process? When you visit, use, or navigate
our Services, we may process personal information depending on how you
interact with Badnano Corporation and the Services, the choices you make,
and the products and features you use.
Do we process any sensitive personal information? We do not process
sensitive personal information.
Do we receive any information from third parties? We do not receive any
information from third parties.
How do we process your information? We process your information to
provide, improve, and administer our Services, communicate with you, for
security and fraud prevention, and to comply with law. We may also
process your information for other purposes with your consent. We process
your information only when we have a valid legal reason to do so.
In what situations and with which parties do we share personal
information? We may share information in specific situations and with
specific third parties.
How do we keep your information safe? We have organizational and
technical processes and procedures in place to protect your personal
information. However, no electronic transmission over the internet or
information storage technology can be guaranteed to be 100% secure, so
we cannot promise or guarantee that hackers, cybercriminals, or other
unauthorized third parties will not be able to defeat our security and
improperly collect, access, steal, or modify your information.
What are your rights? Depending on where you are located geographically,
the applicable privacy law may mean you have certain rights regarding your
personal information.
How do you exercise your rights? The easiest way to exercise your rights is
by filling out our data subject request form or by contacting us. We will
consider and act upon any request in accordance with applicable data
protection laws.
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you
register on the Services, express an interest in obtaining information about
us or our products and Services, when you participate in activities on the
Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we
collect depends on the context of your interactions with us and the
Services, the choices you make, and the products and features you use.
The personal information we collect may include the following:
phone numbers
In-App Purchaces
Sensitive Information. We do not process sensitive information.
Application Data. If you use our application(s), we also may collect the
following information if you choose to provide us with access or permission:
Mobile Device Access. We may request access or permission to
certain features from your mobile device, including your mobile
device's microphone, and other features. If you wish to change our
access or permissions, you may do so in your device's settings.
Mobile Device Data. We automatically collect device information
(such as your mobile device ID, model, and manufacturer),
operating system, version information and system configuration
information, device and application identification numbers, browser
type and version, hardware model Internet service provider and/or
mobile carrier, and Internet Protocol (IP) address (or proxy server).
If you are using our application(s), we may also collect information
about the phone network associated with your mobile device, your
mobile device’s operating system or platform, the type of mobile
device you use, your mobile device’s unique device ID, and
information about the features of our application(s) you accessed.
Push Notifications. We may request to send you push notifications
regarding your account or certain features of the application(s). If
you wish to opt-out from receiving these types of communications,
you may turn them off in your device's settings.
This information is primarily needed to maintain the security and operation
of our application(s), for troubleshooting, and for our internal analytics and
reporting purposes.
All personal information that you provide to us must be true, complete, and
accurate, and you must notify us of any changes to such personal
information.
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer
our Services, communicate with you, for security and fraud prevention, and
to comply with law. We may also process your information for other
purposes with your consent.
We process your personal information for a variety of reasons, depending
on how you interact with our Services, including:
To facilitate account creation and authentication and otherwise
manage user accounts. We may process your information so you
can create and log in to your account, as well as keep your
account in working order.
To save or protect an individual's vital interest. We may process
your information when necessary to save or protect an individual’s
vital interest, such as to prevent harm.
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR
INFORMATION?
In Short: We only process your personal information when we believe it is
necessary and we have a valid legal reason (i.e., legal basis) to do so
under applicable law, like with your consent, to comply with laws, to provide
you with services to enter into or fulfill our contractual obligations, to protect
your rights, or to fulfill our legitimate business interests.
If you are located in the EU or UK, this section applies to you.
The General Data Protection Regulation (GDPR) and UK GDPR require us
to explain the valid legal bases we rely on in order to process your personal
information. As such, we may rely on the following legal bases to process
your personal information:
Consent. We may process your information if you have given us
permission (i.e., consent) to use your personal information for a
specific purpose. You can withdraw your consent at any time.
Legal Obligations. We may process your information where we
believe it is necessary for compliance with our legal obligations,
such as to cooperate with a law enforcement body or regulatory
agency, exercise or defend our legal rights, or disclose your
information as evidence in litigation in which we are involved.
Vital Interests. We may process your information where we believe
it is necessary to protect your vital interests or the vital interests of
a third party, such as situations involving potential threats to the
safety of any person.
If you are located in Canada, this section applies to you.
We may process your information if you have given us specific permission
(i.e., express consent) to use your personal information for a specific
purpose, or in situations where your permission can be inferred (i.e.,
implied consent). You can withdraw your consent at any time.
In some exceptional cases, we may be legally permitted under applicable
law to process your information without your consent, including, for
example:
If collection is clearly in the interests of an individual and consent
cannot be obtained in a timely way
For investigations and fraud detection and prevention
For business transactions provided certain conditions are met
If it is contained in a witness statement and the collection is
necessary to assess, process, or settle an insurance claim
For identifying injured, ill, or deceased persons and
communicating with next of kin
If we have reasonable grounds to believe an individual has been,
is, or may be victim of financial abuse
If it is reasonable to expect collection and use with consent would
compromise the availability or the accuracy of the information and
the collection is reasonable for purposes related to investigating a
breach of an agreement or a contravention of the laws of Canada
or a province
If disclosure is required to comply with a subpoena, warrant, court
order, or rules of the court relating to the production of records
If it was produced by an individual in the course of their
employment, business, or profession and the collection is
consistent with the purposes for which the information was
produced
If the collection is solely for journalistic, artistic, or literary purposes
If the information is publicly available and is specified by the
regulations
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL
INFORMATION?
In Short: We may share information in specific situations described in this
section and/or with the following third parties.
We may need to share your personal information in the following situations:
Business Transfers. We may share or transfer your information in
connection with, or during negotiations of, any merger, sale of
company assets, financing, or acquisition of all or a portion of our
business to another company.
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect
and store your information.
We may use cookies and similar tracking technologies (like web beacons
and pixels) to access or store information. Specific information about how
we use such technologies and how you can refuse certain cookies is set
out in our Cookie Notice.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the
purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary
for the purposes set out in this privacy notice, unless a longer retention
period is required or permitted by law (such as tax, accounting, or other
legal requirements). No purpose in this notice will require us keeping your
personal information for longer than the period of time in which users have
an account with us.
When we have no ongoing legitimate business need to process your
personal information, we will either delete or anonymize such information,
or, if this is not possible (for example, because your personal information
has been stored in backup archives), then we will securely store your
personal information and isolate it from any further processing until deletion
is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of
organizational and technical security measures.
We have implemented appropriate and reasonable technical and
organizational security measures designed to protect the security of any
personal information we process. However, despite our safeguards and
efforts to secure your information, no electronic transmission over the
Internet or information storage technology can be guaranteed to be 100%
secure, so we cannot promise or guarantee that hackers, cybercriminals, or
other unauthorized third parties will not be able to defeat our security and
improperly collect, access, steal, or modify your information. Although we
will do our best to protect your personal information, transmission of
personal information to and from our Services is at your own risk. You
should only access the Services within a secure environment.
8. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area (EEA),
United Kingdom (UK), and Canada, you have rights that allow you greater
access to and control over your personal information. You may review,
change, or terminate your account at any time.
In some regions (like the EEA, UK, and Canada), you have certain rights
under applicable data protection laws. These may include the right (i) to
request access and obtain a copy of your personal information, (ii) to
request rectification or erasure; (iii) to restrict the processing of your
personal information; and (iv) if applicable, to data portability. In certain
circumstances, you may also have the right to object to the processing of
your personal information. You can make such a request by contacting us
by using the contact details provided in the section "HOW CAN YOU
CONTACT US ABOUT THIS NOTICE?" below.
We will consider and act upon any request in accordance with applicable
data protection laws.
If you are located in the EEA or UK and you believe we are unlawfully
processing your personal information, you also have the right to complain
to your local data protection supervisory authority. You can find their
contact details here:
https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
.
If you are located in Switzerland, the contact details for the data protection
authorities are available here:
https://www.edoeb.admin.ch/edoeb/en/home.html.
Withdrawing your consent: If we are relying on your consent to process
your personal information, which may be express and/or implied consent
depending on the applicable law, you have the right to withdraw your
consent at any time. You can withdraw your consent at any time by
contacting us by using the contact details provided in the section "HOW
CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
However, please note that this will not affect the lawfulness of the
processing before its withdrawal nor, when applicable law allows, will it
affect the processing of your personal information conducted in reliance on
lawful processing grounds other than consent.
Account Information
If you would at any time like to review or change the information in your
account or terminate your account, you can:
Log in to your account settings and update your user account.
Upon your request to terminate your account, we will deactivate or delete
your account and information from our active databases. However, we may
retain some information in our files to prevent fraud, troubleshoot problems,
assist with any investigations, enforce our legal terms and/or comply with
applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept
cookies by default. If you prefer, you can usually choose to set your
browser to remove cookies and to reject cookies. If you choose to remove
cookies or reject cookies, this could affect certain features or services of
our Services. To opt out of interest-based advertising by advertisers on our
Services visit http://www.aboutads.info/choices/.
9. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile
applications include a Do-Not-Track ("DNT") feature or setting you can
activate to signal your privacy preference not to have data about your
online browsing activities monitored and collected. At this stage no uniform
technology standard for recognizing and implementing DNT signals has
been finalized. As such, we do not currently respond to DNT browser
signals or any other mechanism that automatically communicates your
choice not to be tracked online. If a standard for online tracking is adopted
that we must follow in the future, we will inform you about that practice in a
revised version of this privacy notice.
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific
rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light"
law, permits our users who are California residents to request and obtain
from us, once a year and free of charge, information about categories of
personal information (if any) we disclosed to third parties for direct
marketing purposes and the names and addresses of all third parties with
which we shared personal information in the immediately preceding
calendar year. If you are a California resident and would like to make such
a request, please submit your request in writing to us using the contact
information provided below.
If you are under 18 years of age, reside in California, and have a registered
account with Services, you have the right to request removal of unwanted
data that you publicly post on the Services. To request removal of such
data, please contact us using the contact information provided below and
include the email address associated with your account and a statement
that you reside in California. We will make sure the data is not publicly
displayed on the Services, but please be aware that the data may not be
completely or comprehensively removed from all our systems (e.g.,
backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a
temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is
outside the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain
rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the
past twelve (12) months:
Category
Examples
Collected
A. Identifiers
Contact details, such as real name,
alias, postal address, telephone or
mobile contact number, unique
personal identifier, online identifier,
Internet Protocol address, email
address, and account name
NO
B. Personal information
categories listed in the
California Customer
Records statute
Name, contact information,
education, employment, employment
history, and financial information
NO
C. Protected
classification
characteristics under
California or federal law
Gender and date of birth
NO
D. Commercial
information
Transaction information, purchase
history, financial details, and
payment information
NO
E. Biometric
information
Fingerprints and voiceprints
NO
F. Internet or other
similar network activity
Browsing history, search history,
online behavior, interest data, and
interactions with our and other
websites, applications, systems, and
advertisements
NO
G. Geolocation data
Device location
NO
H. Audio, electronic,
visual, thermal,
olfactory, or similar
information
Images and audio, video or call
recordings created in connection
with our business activities
NO
I. Professional or
employment-related
information
Business contact details in order to
provide you our Services at a
business level or job title, work
history, and professional
qualifications if you apply for a job
with us
NO
J. Education
Information
Student records and directory
information
NO
K. Inferences drawn
from other personal
information
Inferences drawn from any of the
collected personal information listed
above to create a profile or summary
about, for example, an individual’s
preferences and characteristics
NO
L. Sensitive Personal
Information
NO
We may also collect other personal information outside of these categories
through instances where you interact with us in person, online, or by phone
or mail in the context of:
Receiving help through our customer support channels;
Participation in customer surveys or contests; and
Facilitation in the delivery of our Services and to respond to your
inquiries.
How do we use and share your personal information?
More information about our data collection and sharing practices can be
found in this privacy notice.
You may contact us by email at info@badnano.com, or by referring to the
contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt-out we
may deny a request if the authorized agent does not submit proof that they
have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers
pursuant to a written contract between us and each service provider. Each
service provider is a for-profit entity that processes the information on our
behalf, following the same strict privacy protection obligations mandated by
the CCPA.
We may use your personal information for our own business purposes,
such as for undertaking internal research for technological development
and demonstration. This is not considered to be "selling" of your personal
information.
Badnano Corporation has not disclosed, sold, or shared any personal
information to third parties for a business or commercial purpose in the
preceding twelve (12) months. Badnano Corporation will not sell or share
personal information in the future belonging to website visitors, users, and
other consumers.
Your rights with respect to your personal data
Right to request deletion of the data — Request to delete
You can ask for the deletion of your personal information. If you ask us to
delete your personal information, we will respect your request and delete
your personal information, subject to certain exceptions provided by law,
such as (but not limited to) the exercise by another consumer of his or her
right to free speech, our compliance requirements resulting from a legal
obligation, or any processing that may be required to protect against illegal
activities.
Right to be informed — Request to know
Depending on the circumstances, you have a right to know:
whether we collect and use your personal information;
the categories of personal information that we collect;
the purposes for which the collected personal information is used;
whether we sell or share personal information to third parties;
the categories of personal information that we sold, shared, or
disclosed for a business purpose;
the categories of third parties to whom the personal information
was sold, shared, or disclosed for a business purpose;
the business or commercial purpose for collecting, selling, or
sharing personal information; and
the specific pieces of personal information we collected about you.
In accordance with applicable law, we are not obligated to provide or delete
consumer information that is de-identified in response to a consumer
request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy
Rights
We will not discriminate against you if you exercise your privacy rights.
Right to Limit Use and Disclosure of Sensitive Personal Information
We do not process consumer's sensitive personal information.
Verification process
Upon receiving your request, we will need to verify your identity to
determine you are the same person about whom we have the information
in our system. These verification efforts require us to ask you to provide
information so that we can match it with information you have previously
provided us. For instance, depending on the type of request you submit, we
may ask you to provide certain information so that we can match the
information you provide with the information we already have on file, or we
may contact you through a communication method (e.g., phone or email)
that you have previously provided to us. We may also use other verification
methods as the circumstances dictate.
We will only use personal information provided in your request to verify
your identity or authority to make the request. To the extent possible, we
will avoid requesting additional information from you for the purposes of
verification. However, if we cannot verify your identity from the information
already maintained by us, we may request that you provide additional
information for the purposes of verifying your identity and for security or
fraud-prevention purposes. We will delete such additionally provided
information as soon as we finish verifying you.
Other privacy rights
You may object to the processing of your personal information.
You may request correction of your personal data if it is incorrect
or no longer relevant, or ask to restrict the processing of the
information.
You can designate an authorized agent to make a request under
the CCPA on your behalf. We may deny a request from an
authorized agent that does not submit proof that they have been
validly authorized to act on your behalf in accordance with the
CCPA.
You may request to opt-out from future selling or sharing of your
personal information to third parties. Upon receiving an opt-out
request, we will act upon the request as soon as feasibly possible,
but no later than fifteen (15) days from the date of the request
submission.
To exercise these rights, you can contact us by email at
info@badnano.com, or by referring to the contact details at the bottom of
this document. If you have a complaint about how we handle your data, we
would like to hear from you.
11. DO VIRGINIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of Virginia, you may be granted specific
rights regarding access to and use of your personal information.
Virginia CDPA Privacy Notice
Under the Virginia Consumer Data Protection Act (CDPA):
"Consumer" means a natural person who is a resident of the
Commonwealth acting only in an individual or household context. It does
not include a natural person acting in a commercial or employment context.
"Personal data" means any information that is linked or reasonably linkable
to an identified or identifiable natural person. "Personal data" does not
include de-identified data or publicly available information.
"Sale of personal data" means the exchange of personal data for monetary
consideration.
If this definition "consumer" applies to you, we must adhere to certain rights
and obligations regarding your personal data.
Badnano Corporation has not sold any personal data to third parties for
business or commercial purposes. Badnano Corporation will not sell
personal data in the future belonging to website visitors, users, and other
consumers.
Exercise your rights provided under the Virginia CDPA
More information about our data collection and sharing practices can be
found in this privacy notice.
You may contact us by email at info@badnano.com, by visiting
www.badnano.com, or by referring to the contact details at the bottom of
this document.
If you are using an authorized agent to exercise your rights, we may deny a
request if the authorized agent does not submit proof that they have been
validly authorized to act on your behalf.
Verification process
We may request that you provide additional information reasonably
necessary to verify you and your consumer's request. If you submit the
request through an authorized agent, we may need to collect additional
information to verify your identity before processing your request.
Upon receiving your request, we will respond without undue delay, but in all
cases, within forty-five (45) days of receipt. The response period may be
extended once by forty-five (45) additional days when reasonably
necessary. We will inform you of any such extension within the initial
45-day response period, together with the reason for the extension.
Right to appeal
If we decline to take action regarding your request, we will inform you of our
decision and reasoning behind it. If you wish to appeal our decision, please
email us at info@badnano.com. Within sixty (60) days of receipt of an
appeal, we will inform you in writing of any action taken or not taken in
response to the appeal, including a written explanation of the reasons for
the decisions. If your appeal if denied, you may contact the Attorney
General to submit a complaint.
12. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with
relevant laws.
We may update this privacy notice from time to time. The updated version
will be indicated by an updated "Revised" date and the updated version will
be effective as soon as it is accessible. If we make material changes to this
privacy notice, we may notify you either by prominently posting a notice of
such changes or by directly sending you a notification. We encourage you
to review this privacy notice frequently to be informed of how we are
protecting your information.
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at
info@badnano.com.
14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE
COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to
request access to the personal information we collect from you, change
that information, or delete it. To request to review, update, or delete your
personal information, please visit your IntelliKey account.
