PRIVACY POLICY

INTRODUCTION

Nanolume LLC (“Nanolume” or “We”) respects your privacy and is committed to protecting it. We want to make you comfortable with our privacy practices. Please read this Privacy Policy carefully to understand how Nanolume collects and uses your personal information and data. This Privacy Policy applies to all Personal Information we receive from various sources, as outlined below.

By using or accessing Nanolume’s website(s) or mobile application(s) in any way or engaging in transactions with Nanolume through any other means, you signify that you have read and understand this Privacy Policy. Additionally, you consent to the collection, use, and disclosure of your information in the manner described herein. If you do not agree with this Privacy Policy, please do not use our website or the mobile application or transact business with Nanolume. This Privacy Policy applies to information we receive from all websites, mobile applications, and locations where our products are presented, including but not limited to data collected from the footers of our websites.

For the purposes of this Privacy Policy, “Personal Information” or “Personal Data” may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address, or phone number, and other information you may produce to us. Both federal and state laws in the United States define Personal Information or Personal Data, as do the laws of Canada, the European Union, and other countries and jurisdictions. This Privacy Policy intends to include the most expansive definition. However, please recognize that your rights related to Personal Information and how Personal Information is defined differ somewhat from state to state and country to country. For example, a California resident likely has different rights than a Utah resident, and each of them likely has different rights than a resident of Canada.

Changes to Privacy Policy. We review this Privacy Policy regularly and may update it from time to time. We will post any changes on this page and may also provide notice of material changes to our Privacy Policy on our website home page. If you object to any changes to this Privacy Policy, you may close your account and discontinue the use of our website, mobile applications, and services. Each time you use any service of Nanolume, you agree that the current version of this Privacy Policy applies.

PERSONAL INFORMATION THAT WE COLLECT

Nanolume and its employees will not have access to any payment data. Nanolume offers its services via independent online app stores (such as Apple App Store or Google Play). No payment information (such as credit card information, credit card holder name, zip code, or billing address) that users provide to these online app stores is shared with or stored by Nanolume. Apple’s and Google’s privacy policies govern the use, storage, and collection of the personal information you give them. You can find Apple’s privacy policy here https://www.apple.com/legal/privacy/en-ww/ and Google’s privacy policy here https://policies.google.com/privacy?hl=en-US.

The Apple App and Google Play stores collect user information associated with the purchase of the Nanolume application; however, these app stores may provide Nanolume with minimal location information, such as a list of the states and countries of those who purchased the Nanolume application from the store. We may also collect information that is minimal to perform processes that occur in connection with our business. We collect and process the following categories of Personal Information:

Contact information that you expressly provide to Nanolume, such as via communications with us, such as your name, mailing address, physical address, telephone, and email address.
Demographic information, such as your country.
IP Information, including information regarding your electronic device(s) and IP address.
Internet use information.
Regulatory information (to satisfy regulatory obligations such as any reporting obligations).
Communications content, such as any messages you send to us, such as feedback and questions to customer support, the information you publicly post on our websites or other websites (such as product reviews, blog comments, or comments on Apple App Store or the Google Play Store), email messages, and other interactions with us.

PLEASE NOTE: NANOLUME DOES NOT HAVE ACCESS TO YOUR PERSONAL DATA STORED IN YOUR MOBILE DEVICE AND DOES NOT OBTAIN OR MAKE A COPY OR OTHERWISE BACK IT UP. ADDITIONALLY, NANOLUME IS NOT RESPONSIBLE FOR ERASED, LOST, OR STOLEN DATA, INCLUDING PERSONAL DATA, WHETHER OR NOT CAUSED BY A MALFUNCTION OF THE NANOLUME MOBILE APPLICATION, USER ERROR, A NETWORK OR DEVICE BREACH, OR ANY OTHER CAUSE.

The Nanolume mobile application does allow you to create a “screen capture” or “screen photo” of some of your Personal Data, which you may upload to a third-party service, such as iCloud, or via the Apple Photos feature. Some mobile applications may also allow you to email or communicate a Comma Separated Values (CSV) file of some of the numeric data stored in the Nanolume mobile applications. Some Nanolume mobile applications may allow you to electronically send a PDF file containing your Personal Data (charts, personal notes, and a summary of your pain maps). You can share your data only if you manually (intentionally) choose to share it (by email or other means). It is your responsibility to control: where your data goes, your device settings, and any possible distribution of this data.

HOW WE COLLECT YOUR PERSONAL INFORMATION

General. We may collect Personal Information when you visit our website and when you otherwise transact business with or communicate with Nanolume.

Information Collected Automatically. When you visit our websites, information about your device hardware and software may be automatically collected, including your IP address, browser type, domain name, access times, geographic location, referring website address, and other technical information. For more information about how we collect this information through cookies and related technologies, see Cookies & Related Technologies below.

Information Collected from Third Parties. We use a variety of Third Parties to provide you with our website and our mobile application and services. From time to time, we may collect information about you from those Third Parties, including for fraud protection and other related business and commercial purposes. In particular, please review the Apple App Store and the Google Play Store’s privacy policies and terms of use for more information about how they use and collect information.

Cookies and Other Tracking Technologies: Nanolume may use tracking technologies such as cookies to collect information from your web browser through our servers or filtering systems when you visit our website(s).

What Are Cookies? A cookie is a small file containing a string of characters sent to your computer or device when you first visit a website or use an online service. The cookie then communicates with servers, ours (e.g., first-party cookies) or those of another third party (e.g., third-party cookies) that we have authorized to place on our websites. When you revisit our websites, the cookie allows websites to recognize your browser or device. In addition, cookies may store unique identifiers, user preferences, and other information.

How Long Do Cookies Last? We may use “session cookies” or “persistent cookies.” Session cookies are temporary and expire once you close your browser, or your session ends. Persistent cookies remain on your device for much longer or until you or your browser erase them. Persistent cookies have varying durations that are dependent on their expiration date.

What Types of Cookies Do We Use?

Necessary Cookies. These cookies are required for you to browse the websites and use their features, such as accessing secure areas of the websites. Without these cookies, certain aspects of the websites may not be available to you.

To learn more about cookies, including how to manage and delete cookies through browser settings, visit https://allaboutcookies.org/. Some web browsers provide settings that allow users to reject cookies or alert users when a cookie is placed on the user’s computer, tablet, or mobile device. In addition, most mobile devices also offer settings to reject mobile device identifiers. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the websites. In addition to adjusting your browser and device settings, as outlined above, you may also control how cookies and related technologies are set and used on your device by visiting the following sites:

Do Not Track. Our website may, from time to time, collect information about your online activities over time and across our websites. Third parties may also collect information about your online activities over time and across different internet websites, online or cloud computing services, online applications, or mobile applications. Some browsers support a “Do Not Track” feature intended to signal to websites that you do not wish to be tracked across different websites you visit. Our websites do not currently change how they operate based on detecting a “Do Not Track” or similar signal.

Special Categories of Data Not Collected. We do not actively collect or otherwise process Personal Information from minors and require that the customer will not provide any Personal Information of minors to us. The age of a minor varies by jurisdiction. For the purposes of Personal Information collected from the European Union, the age of a minor is under age sixteen (16). For the purposes of the Children's Online Privacy Protection Act (COPPA) in the U.S., the age of a minor protected by such law is under the age of thirteen (13). Please note that California residents under age 18 (“California Minors”) have additional privacy rights under California law. A California Minor who uses the Services has the right to either remove content or information posted on the Services by such user or, if removal of such information by the user themself is not enabled or possible, the user may request and obtain removal of such content or information. To have any content or information provided by a California Minor removed by us, contact us at the contact information provided below. This removal does not ensure the complete or comprehensive removal of any such content or information posted.

We also do not actively collect or otherwise process special categories of Personal Information as identified in the EU’s General Data Protection Regulation (“GDPR”), including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, or genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

We do not actively collect or otherwise process Personal Information relating to criminal convictions and offences.

HOW WE USE YOUR PERSONAL INFORMATION

We may use and process Personal Information for any purpose that is permitted under applicable data protection laws in accordance with this Privacy Policy. “Processing” of Personal Information includes collecting, recording, organizing, structuring, storing, altering or modifying, retrieving, transmitting, disclosing, or otherwise making available to third parties, deleting, and otherwise using or dealing with your Personal Information. We may process your Personal Information with or without automatic means.

These purposes include:

Our business purposes, include: addressing customer service; responding to inquiries; conducting web analytics, security monitoring, and business operations and administration; and addressing other regulatory requirements.
For the Protection of Nanolume and Others. We may use your data, if Nanolume, in good faith, determines that you have used the service to menace, threaten, harass, intimidate or otherwise deceptively pose as another person, or in any other way violate the law. Simply, if you attempt to use the website or purchase or use a product for any unlawful means, you have no expectation of privacy, and we may use and disclose any and all information for the protection of Nanolume and others.
Pursuant to Law, Rule, or Regulation. If required or permitted to do so by law or if, in good faith, Nanolume believes that such action is necessary to: (1) comply with laws and regulations or with legal processes; (2) protect and defend Nanolume’s rights and property or prevent fraud; (3) protect Nanolume against abuse, misuse or unauthorized use of Nanolume’s products or services; (4) protect the personal safety or property of our personnel, users of our website or the public; and/or (5) comply with reporting requirements, then Nanolume may use and disclose any and all information obtained as needed. For example, our website servers automatically identify a computer by its IP address.

Legal basis. We base our processing of Personal Information on the need to perform our contractual obligations under our legitimate activities as a software provider and related services. We also process Personal Information to comply with applicable law and to exercise our legal rights. We may also use your Personal Information for internal purposes, including auditing, data analysis, system troubleshooting, and research. In these cases, we base our processing on legitimate interests in performing the organization's activities.

HOW WE SHARE OR DISCLOSE YOUR PERSONAL INFORMATION

No sale of Personal Information. We never sell or rent Personal Information to third parties.

Disclosures of Personal Information. Depending on the circumstances, we may share the minimal information we collect in the following circumstances:

With Your Consent. We may disclose, share, or make available your information with your consent, which may be obtained in writing, online, through “click-through” agreements, when you accept our terms for our websites, orally (including over the telephone), or by other means.
With Service Providers & Business Partners. We may disclose, share, or make available your information with our third-party service providers, business partners, and other third parties, such as credit/debit card processing partners, partners that facilitate billing, shipping, and customer service, third-party auditors and law firms, marketing and advertising networks (including those that provide ad measurement services), internet service providers, data analytics providers, companies that help debug and identify and repair errors that may impair the functionality of our websites, and third parties that help protect against malicious, deceptive, fraudulent, or illegal activity.
In A Business Transfer. We may disclose, share, or make available your information as part of a business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of company assets, or in the unlikely event of insolvency, bankruptcy, or receivership, in which such information could be transferred to third parties as a business asset in the transaction.
For Legal Process & Protection. We may disclose, share, or make available your information to satisfy any law, regulation, legal process, governmental request, or where we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to: (1) enforce or apply agreements, or initiate, render, or bill for use of the websites; (2) protect our rights or interests, property or safety or that of others; (3) in connection with claims, disputes, or litigation - in court or elsewhere; (4) protect users of our websites, and other carriers, providers, or partners from fraudulent, abusive, unlawful, or otherwise improper use of our websites; (5) facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to a local, state, or federal government.
Aggregated and De-identified Data. We reserve the right to disclose aggregated user statistics and non-personally identifiable information (such as anonymous usage data) to describe our services to prospective partners, licensees, advertisers, and other third parties.

PROTECTION OF PERSONAL INFORMATION

Although no system or website can guarantee the complete security of your information, we take commercially reasonable steps to ensure your information is protected in accordance with all applicable laws and regulations, as appropriate to the sensitivity of your information. However, no electronic data transmission can be guaranteed to be secure from access by unintended recipients. Nanolume will not be responsible for any breach of security unless this breach is due to its negligence. Although we are committed to employing reasonable technology to protect the security of our website, even with the best technology, no website is 100% secure. In transacting business with us through our website, you assume the risk inherent in transacting business online.

We process Personal Data as described above in our home country, the United States of America. Consequently, we, our third-party providers or the independent app stores, may process and/or store Personal Data in countries or regions that are outside of the user’s home country or region and that are subject to laws that differ from the user’s own jurisdiction. When Personal Data is transferred from one country to another, we will ensure that the information in our possession is transferred in accordance with this Privacy Policy.

RETENTION OF PERSONAL INFORMATION

We keep your information for as long as necessary in accordance with the purposes for which it was collected, our business needs, and our legal and regulatory obligations. If we dispose of your information, we will do so in a way that is commercially reasonable taking into account the information’s sensitivity.

Nanolume reserves the right to retain usage data relating to our products and services, as well as data that has been anonymized and/or aggregated to the extent permitted by applicable laws. With respect to any Personal Information collected by us for our own internal purposes, we will retain that data for a reasonable time in order to fulfill those purposes.

We regularly review our retention policy to ensure compliance with our obligations under data protection laws and other regulatory requirements. We regularly audit our databases and archived information to ensure that Personal Information is only stored and archived in alignment with our retention policy.

YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION

While Nanolume collects minimal personal information and does not collect payment data, you have the rights listed in this section for the information we collect.

General. If you wish to opt out from any of the uses of Personal Information specified in this Privacy Policy, except in the case of legal proceedings or where your data is required for transactional purposes, please contact us as described in the “COMPANY’S CONTACT INFORMATION” section below. Please note that your subsequent disclosure of Personal Information to us may override prior opt-out requests. Nanolume does not discriminate against those who opt out. However, opting out may prevent us from conveniently and efficiently providing further product support services and information to you.

Consumer Privacy Rights:

Right to be informed: You may request information from us about how your Personal Data is being processed or used by us and the reasons for such processing.
Right of access: You have the right to know if we are processing your Personal Data, and, if so, you have the right to view and obtain a copy of your Personal Data that we’ve collected about you. You also have the right to access the categories of Personal Data we’ve collected about you, the purpose for our collection, and categories of third parties with whom we’ve shared the Personal Data. You also have the right to request information and the agreements governing how your Personal Data is transferred outside of your jurisdiction or country.
Right to rectification or correction: If you inform us of any errors in your Personal Data that we have collected and are processing, we will correct those errors upon your request.
Right to deletion of Personal Data (right of erasure/right to be forgotten): You have the right to tell us to delete your Personal Data, subject to certain exceptions and limitations under the law.
Right to restrict processing: Subject to certain limitations under law, you also have the right to restrict or block us from processing your Personal Data.
Right to data portability: You have the right to ask us to transfer your data to another company or to you, under certain conditions.
Right to object to processing or withdraw consent from processing: You have the right to object to the processing or withdraw your consent to the processing of your Personal Data under certain conditions.
Right not to be subject to a decision based solely on automated processing: You have the right to demand that certain decisions regarding your Personal Data (such as profiling) be made by humans rather than by algorithms or automated processes.
Right to Opt Out: You have the right to opt out of having your information sold or shared with third parties and to opt out of direct marketing.
Right to be Notified of Breach: You have the right to be notified of a Personal Data breach that is likely to result in a high risk to your rights and freedoms.

If you wish to exercise any of these rights, please send your request to the Support set forth in the “COMPANY’S CONTACT INFORMATION” section below. Nanolume may require you to provide sufficient information to permit us to provide an account of the existence, use, and disclosure of Personal Information. The information provided shall only be used for this purpose.

PRIVACY POLICIES OF OTHER WEBSITES

Our websites, from time to time, may contain links to third-party websites and services. Please note that these links are provided for your convenience and information, and may operate independently from us and have their own privacy policies and/or notices. You are strongly encouraged to review such policies or notices. We do not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on other websites, even if one or more pages of the other websites are framed within, or linked to, a page of our websites.

COMPANY’S CONTACT INFORMATION

If you have any questions about this privacy policy or your Personal Information that we hold, have any complaints, or would like to exercise any of your other rights related to your Personal Information, please contact us:

Nanolume LLC

Contact:	Customer Support
Email:	administration@nanolume.com

If you feel Nanolume has not addressed your concerns adequately you may also contact your state or local data protection authority.

Updated September 19, 2022.