Privacy Notice

Last Updated: January 15, 2021

At EMode Photonix LLC (“EMode.”, “Company”, “we”, “our” or “us”), we believe in being clear and open about how we collect data related to you when you visit our website at emodephotonix.com (the “Site”), inquire about our software or consulting services, use our software, consulting services or any other products or services we own, operate and/or provide or apply for a position to work with us (collectively with the Site, the “Services”).

This Privacy Notice (“Privacy Notice”) is designed to help you understand how we collect, use, share and safeguard the information you provide to us and to assist you in making informed decisions when using our Services.

By accepting our Privacy Notice, you consent to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Notice and the Cookie Policy located at emodephotonix.com/cookie-policy (“Cookie Policy”).

Types of Data We Collect

We collect “Non-Personal Information” and “Personal Information” and the information we collect from you depends on how you use the Services. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, such as your name, affiliation (company, university, etc.), email address and license information (statuses and purchase history). Below is further detailed information:

Context	Types of Personal Information	Primary Purpose for Collection and Use of Personal Information
Customer Information	We collect the name, affiliation, email address and license information.	We have a legitimate interest in contacting our customers and communicating with them in relation to the Services.
Customer User Account information	We collect information you provide to create an account, specifically your name, affiliation, email address, license information and phone number.	We have a legitimate interest in providing certain account-related functionalities to our users, monitoring account log-ins, and detecting potential fraudulent logins or account misuse. Additionally, we use this information to fulfill our obligation to provide you with Services.
Cookies and first party tracking	We may participate in behavior-based advertising, this means that a third party uses technology (i.e.: a cookie) to collect information about your use of the Services.	For individuals that consent, we may engage in behavior-based advertising, capturing website analytics and engaging third parties to assist with providing Services to you.
Email Interconnectivity	If you receive email from us, we use certain tools to capture data related to when you open our message or click on any information within the email.	For individuals that consent we capture this data to understand how you interact with communications to you.
Employment	If you apply for a job posting, or become an employee, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your social security number. Providing this information is required for employment.	We use information about current employees to perform our contract of employment, or the anticipation of a contract of employment. In some contexts, we are also required by law to collect information about our employees. We also have a legitimate interest in using your information to have efficient staffing and workforce operations, and provide Services to our customers.
Feedback/Support	We collect personal data from you contained in any inquiry you submit to us regarding the Services, such as completing our online forms, calling, or emailing for the purposes of general inquiries, support requests, or to report an issue. When you communicate with us over the phone or via video conference, it may be recorded and analyzed for training, quality control and for sales and marketing purposes. During such phone calls or video conference sessions, we will notify you of the recording via either voice prompt or script.	We have a legitimate interest in receiving, and acting upon, your feedback, issues, or inquiries.
Website & Application Interactions	We use technology to monitor how you interact with the Services. This may include: IP addresses, preferences, web pages you visited prior to using the Services, information about your browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), information about how you interact with the Services (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors).	We have a legitimate interest in understanding how you interact with the Services to better improve the Services, and to understand your preferences and interests and to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud.
Web logs	We collect information, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.	We have a legitimate interest in monitoring web logs to provide the Services and enhance the Services.

Children’s Online Privacy Protection Act (“COPPA”)

Our Services are not designed for children under 13, and we do not intentionally or knowingly collect Personal Information from users who are under the age of 13 or from other websites or services directed at children. If we discover that a child under 13 has provided us with Personal Information, we will delete such information.

Information You Provide to Us

If you choose to use our software or consulting services, we will collect Personal Information from you, such as your first and last name, email and mailing address, university (for affiliation), phone, and password when you create an account on the Site to download the software or otherwise (“Account”).
When you engage us to provide Services, our payment processor will collect only information necessary to complete the transaction, including your name, credit card information, billing information, and direct deposit information. The information you provide is not saved.
We retain information on your behalf, such as files and messages that you store using your Account.
If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
At a future time, we may send information to you about services or products related to products or services you’ve inquired about or used in the past.
We will maintain the information you send via email in accordance with applicable federal law.
In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

Information Collected via Technology

In an effort to improve the quality of the Services, we reserve the right to track information provided to us by your browser or by our software application when you view or use the Services, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Services, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our Services, both on an individual and aggregate basis. Please review the Cookie Policy for more information.

Use of Your Personal Information

In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:

to facilitate the creation of and secure your Account;
to identify you as a user in our system;
to provide improved administration of the Services;
to provide the Services you request;
to improve the quality of experience when you interact with the Services;
to send you a welcome email to verify ownership of the email address provided when your Account was created;
to send you administrative email notifications related to the Services;
to respond to your inquiries related to employment opportunities or other requests;
to perform marketing or data analysis;
to comply with legal obligations, as part of our general business operations, and for other business administration purposes; and
where we believe necessary to investigate, prevent or act regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of this Privacy Notice.

Use of Non-Personal Information

In general, we use Non-Personal Information to help us improve the Services and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Services. This Privacy Notice does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.

How We Share Your Personal Information

As a general rule, we do not sell, rent, lease or otherwise transfer any information collected either automatically or through your voluntary action. We may disclose your Personal Information as described below and as described elsewhere in this Privacy Notice.

Third Party Service Providers. We may share your Personal Information with third party service providers to provide you with the Services that we offer you; to conduct quality assurance testing; to perform marketing; to run data analysis; to facilitate creation of Accounts; to provide technical support; and/or to provide future services to you. The third-party service providers we are engaged with and/or third-party products and/or services we use to provide the Services include without limitation:

Python (https://docs.python.org/3.7/license.html)
Intel MKL (https://github.com/oneapi-src/oneMKL/blob/develop/LICENSE)
NumPy (https://numpy.org/doc/stable/license.html)
SciPy (https://github.com/scipy/scipy/blob/master/LICENSE.txt)
Matplotlib (https://matplotlib.org/stable/users/license.html)
klepto (https://github.com/uqfoundation/klepto/blob/master/LICENSE)
psutil (https://github.com/giampaolo/psutil/blob/master/LICENSE)
PyCryptodome (https://pycryptodome.readthedocs.io/en/latest/src/license.html)
Pillow (https://github.com/python-pillow/Pillow/blob/main/LICENSE)
python-tabulate (https://github.com/astanin/python-tabulate/blob/master/LICENSE)
nuitka (https://nuitka.net/doc/user-manual.html#license)

Process Payments. We transmit your Personal Information via an encrypted connection to our payment processor. Personal Information in connection with payments is not stored.

Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your Personal Information with lenders, auditors, attorneys and consultants.

Other Disclosures. Regardless of any choices you make regarding your Personal Information (as described below), we may disclose Personal Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on us; (c) to protect or defend our rights or property, or the rights or property of users of the Services; (d) to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person and/or (e) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Notice, the Alpha Testing Software License Agreement, the Consulting Agreement or any agreements you may have with us, as applicable.

Links to Third Party Websites and Third Party Providers

As part of the Services, we may provide links to or compatibility with other websites or applications; however, we are not responsible for the privacy practices employed by those websites or the information or content they contain nor are we liable for third party products, services, acts and/or omissions. This Privacy Notice applies solely to information collected by us in relation to the Services and your use of the Services. Therefore, this Privacy Notice does not apply to your use of a third party website accessed by selecting a link on our Site or via the Services. To the extent that you access or use the Services through or on another website or application, then the privacy policy of that other website or application will apply to such access and/or use. We encourage our users to read the privacy statements of other websites before proceeding to use them.

Your Rights Regarding the Use of Your Personal Information

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a marketing communication to a user, the user can opt out of further communications by following the unsubscribe instructions provided in each email. If applicable law allows, you can also indicate that you do not wish to receive marketing communications from us by e-mailing hello@emodephotonix.com. Please note that notwithstanding the preferences you indicate by either unsubscribing, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Notice. You may unsubscribe to emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process unsubscribe requests.

Your Rights and Choices

If applicable law allows, you may have the following rights over your Personal Information:

Right to Know. You have the right to request disclosure about our Personal Information collection practices during the prior 12 months, including the categories of Personal Information we collected, the sources of the information, our business purposes for collecting or sharing the information and the categories of third parties with whom we shared such information. You may request a copy of the specific pieces of Personal Information we may have collected about you in the last 12 months.
Right to Delete. You may request that we delete (and direct our service providers to delete) your Personal Information, subject to certain exceptions.
Right to Opt-Out. You have the right to opt-out of any ‘sales’ of your Personal Information, if a business is selling your information.
Non-Discrimination. You have the right to not be discriminated against for exercising these rights.

You can make the following choices regarding your Personal Information:

Access To Your Personal Information. You may request access to your Personal Information by contacting us at the address below. If required by law, upon request, we will grant you reasonable access to the Personal Information that we have about you. We will provide this information in a portable format, if required. Note that California residents may be entitled to ask us for a notice describing what categories of Personal Information (if any) we share with third parties or affiliates for direct marketing.
Changes To Your Personal Information. We rely on you to update and correct your Personal Information. Please contact us at the address below immediately if there are any changes to your Personal Information. Note that we may keep historical information in our backup files as permitted by law.
Deletion Of Your Personal Information. Typically, we retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law, or as otherwise described in this Privacy Notice. You may, however, request information about how long we keep a specific type of information, or request that we delete your Personal Information by contacting us at the address below. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.
Objection to Certain Processing. You may object to our use or disclosure of your Personal Information by contacting us at the address below.
Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include ‘Do Not Track’ instructions.
Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you Service-related communications.
Revocation Of Consent. If you revoke your consent for the processing of Personal Information, then we may no longer be able to provide you Services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address below.

Security of Your Personal Information

We implement security measures designed to protect your information from unauthorized access, alteration, disclosure and/or destruction. Because the internet is not a completely secure environment, we cannot warrant the security of any information a user transmits to us or guarantee that information on the Services may not be accessed, disclosed, altered, and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. Any account you have on the Services is protected by your account password and we urge you to take steps to keep your Personal Information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures; however, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. While we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security.

How we Retain Your Personal Information

We will retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. The precise periods for which we keep your Personal Information vary depending on the nature of the information and why we need it. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use and/or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with a user) for research or statistical purposes in which case we may use this information indefinitely without further notice. We may retain information (including without limitation your personally identifiable information) for a commercially reasonable time for backup, archival, audit purposes, and/or to comply with legal obligations, resolve disputes and enforce agreements. In some cases, if you choose not to provide us with requested information, you may not be able to use the Services. You can request further details of retention periods for different aspects of your Personal Information by contacting us.

Please note that in the course of providing the Services, we collect and maintain aggregated, anonymized, or de-personalized information which we may retain indefinitely.

Accessibility

If you are visually impaired, you may access this Privacy Notice through your browser’s audio reader.

Changes to This Privacy Notice

We reserve the right to change this Privacy Notice, the Alpha Testing Software License Agreement located at emodephotonix.com/emode-license-agreement or any relevant agreement you enter with us from time to time. We may notify you of significant changes to this Privacy Notice by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Site. Significant changes will go into effect thirty (30) days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this Privacy Notice for updates.

Other Jurisdictions

Personal Information that you submit through the Services may be transferred outside of the jurisdiction in which you live. We also store Personal Information locally on the devices you use to access the Services. Your Personal Information may be transferred to other jurisdictions that do not have the same data protection laws as the jurisdiction in which you initially provided the information. The following provisions may apply to you depending on where you are located. Regardless of where you are located, your Personal Information will be protected as outlined in this Notice.

Nevada.

This notice is provided to you pursuant to state law. Nevada state privacy laws permit us to make marketing calls to existing customers, but if you prefer not to receive marketing calls, you may be placed on our internal opt-out list by emailing us at hello@emodephotonix.com or you may also contact the Nevada Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Ste 3900, Las Vegas, NV 89101; telephone 702-486-3132; email: AGCinfo@ag.nv.gov.

Vermont.

In accordance with Vermont law, we will not share information we collect about you with companies outside of ours except as described herein, otherwise required or permitted by law.

Virginia.

This Section is only applicable to you if you are a resident of the state of Virginia (“Virginia Residents”). If you have a complaint, first contact us at hello@emodephotonix.com. We will respond within 45 days after receipt of your request, and such time may be extended for an additional 45 days if it is reasonably necessary. We will notify you of any extension within the initial 45-day period. If you are not satisfied with our responses, you have the right to appeal. We will respond within 60 days after our receipt of your appeal. If you still have an unresolved complaint, please direct your complaint to the Virginia Attorney General at service@oag.state.va.us or call (804)786-2071.

California.

At this time, California Privacy laws (California Consumer Privacy Act, California Privacy Rights Act) do not apply to us, but we will still protect your Personal Information as outlined in this Privacy Notice. If you feel this is incorrect, please contact us at hello@emodephotonix.com. European Union and United Kingdom

For more information on our practices and the European Union General Data Protection Regulation and United Kingdom General Data Protection Regulation, please refer to our “GDPR Notice” located at emodephotonix.com/gdpr-notice.

Contact Information

If you have any questions regarding this Privacy Notice, please contact us by sending an email to

hello@emodephotonix.com or send correspondence via mail to EMode Photonix LLC, 315 S 38th St., Boulder, CO 80305.