Nima Labs, Inc. Privacy Policy
Last updated: 13 August 2016

Nima Labs, Inc. Privacy Policy
Last updated: 18 May 2016

Nima Labs, Inc. (“Nima“) develops products to enable users to monitor the existence and amount of certain allergens in food items (“Product(s)“). Each Product consists of a sensor (“Sensor“), which must be used with a disposable capsule purchased from Nima (the “Capsule(s)“). Once a Capsule is filled with a food sample and the lid is twisted on, the Capsule can be inserted in the Sensor and the Sensor will display the results of the test (“Test Result“). The user may sync the Sensor to our mobile application(s) (“Application(s)“) which in turn sync to the Nima Sites (defined below) when the user uses our Application(s). The Sensor Test Results, as well as information voluntarily provided by the user, will be identified by the user’s profile name and will be available to all users of the Application(s). A user must use the Application(s) on a mobile device in order to view the user’s own Test Result history or the Test Results of others. This Privacy Policy applies to Personal Data (defined below) collected via our websites, located at www.nimasensor.com, www.6sensorlabs.com, and any other websites which link to this Privacy Policy and our Application(s) (collectively, the “Site“) and the online services that we provide to users of our Products and our Application(s) (“Services“).

1. Questions; Contacting Nima; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or email:

Nima Labs, Inc.
2121 Harrison St.
San Francisco, CA 94110
Attn: Privacy Team
support@nimasensor.com

844-646-2969

2. User Consent. By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy, and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.

3. A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Nima and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at support@nimasensor.com.

4. A Note to Users Outside of the United States. If you are a non U.S. user of the Site, by visiting the Site or using our Services and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

5. Types of Data We Collect. “Personal Data” means (a) data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data, and (b) Test Results that are automatically collected when you use our Products and Application(s), and any additional information (such as the name of the restaurant and the food item tested, ratings of the restaurant, etc.) that the user may add to the Test Results, to the extent that such data is associated with or linked to data that allows someone to identify or contact you (“Food Data“). “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data, including but not limited to Food Data, and Anonymous Data, as described below.

(a) Information You Provide to Us.

  • We may collect Personal Data from you, such as your first name, last name, e-mail, city, state, password, and food preference related information (e.g., foods you avoid and your food identity) when you create an account to log in to our network (“Account“).

  • We will also ask you to create a public profile which will be used in public areas of our Services to identify the Food Data that you collect and any postings that you may upload to the Services (“Profile“). The name you use in your Profile can be your real name or a pseudonym. You can also decide whether or not to include information about your food identity and foods you avoid in your Profile. Any information you include in your Profile will be available for public viewing by our other users. Once displayed on publicly viewable web pages and in the Application(s), that information can be used and collected by others. We cannot control who reads your postings or what other users may do with information that you voluntarily post or include in your Profile. Once you have posted information publicly, while you will be able to request that Nima modify or delete such information pursuant to Section 9(e) below, you will not be able to modify or delete such information to the extent it has been cached, collected, and stored elsewhere by others (e.g. search engines).

  • If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to tag the location where you tested your food and provide you with location-based information and advertising. If you want to deactivate this feature, you can deactivate GPS on your mobile device or remove permissions for the Application(s) to have access to your location.

  • Our Application(s) let you store your Application preferences. We may associate these choices with your Account or the mobile device, and you can edit these preferences at any time in our Application(s).

  • When you order our Products or Services on our Site, we, or our payment processors, will collect all information necessary to complete the transaction, including your name, phone number, credit card information, billing information and shipping information. This information may be shared with third parties who help process and fulfill your purchases.

  • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.

  • When you use our Product and upload the Sensor test results to our Application(s), we will ask you to provide information about the test (e.g., the restaurant where you tested your food, the food item tested, and a rating of the restaurant). This information, together with any information that you include in your Profile, will be made available to all users of the Application(s) in a public area of our Services.

  • When you post content (i.e., text, images, photographs, messages, reviews, ratings, tips, comments or any other kind of content), the information contained in your posting will be stored in our servers. If the information is posted in a public area of the Services, other users will be able to see it, along with any other information that you include in your Profile. The information that you provide in the content you post in public areas of our Site and Application(s), and your Profile, will be visible to others, including anonymous visitors to the Site and Application(s).

  • We retain information on your behalf, such as files and messages that you store using your Account.

  • When you post tips and comments within the Application(s) or on our Site the information contained in your posting will be stored on our servers, and other users will be able to see it.

  • When you participate in one of our surveys, we may collect additional profile information.

  • If you participate in a sweepstakes, contest or giveaway on our Site or in our Application(s), we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.

  • We may also collect Personal Data at other points in our Site or Application(s) that state that Personal Data is being collected.

(b) Information Collected via Technology.

  • Information Collected by Our Products. If you use our Products, our Products will collect Food Data. When you sync our Sensor with our Application(s), (i) the Product will upload Food Data to our Application(s) and (ii) our Application(s) will note that you used a Capsule to test for the Food Data.

  • Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP“) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.

  • Information About Your Mobile Device. If you use our Services on your mobile device, including through our Application(s), we may collect your Sensor’s battery level, the version of iOS used by your device, the serial number and firmware version of your Sensor, the signal strength of your mobile device, notifications regarding errors related to your Sensor or mobile device, your Test Results, and other relevant diagnostics that come from syncing the Sensor with your mobile device.

  • Log Files. As is true of most websites and applications, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP“), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to provide, modify, or enhance the Services; analyze trends; administer the Site; track users’ movements around the Site; gather demographic information about our user base as a whole; and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. We may also link this automatically collected data to your Personal Data to identify and fix errors that you experience.

  • Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

  • Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, web beacons, or web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.

  • Collection of Data by Advertisers. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Site (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices or http://www.networkadvertising.org.

  • How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking on our Site.

  • Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our Application(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the Application(s) and information about the type of device you use. In addition, in the event our Application(s) crashes on your mobile device, we may receive information about your mobile device model software version and device carrier and associate such information with your Personal Data so that we can identify and fix bugs and otherwise improve the performance of our Application(s).

  • Push Notifications. If you consent to receiving push notifications on your mobile device, we will send push notifications to your mobile device through services such as Apple’s Push Notification Service for iOS devices and Google’s CD2M and Cloud Messaging for Android devices. Both services are standard features of these mobile device operating systems. The privacy policy of the applicable service provider governs the access, use and disclosure of your Personal Data obtained from your use of these services.

  • Analytics Services. We use third party analytics services, including but not limited to Google Analytics (“Analytics Services“), to help analyze how users use our Site and Services. We use the information we get from Analytics Services only to improve our Site and Services. The information generated by the Cookies or other technologies about your use of our Site and Services (the “Analytics Information“) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Service’s ability to use and share Analytics Information is restricted by such Analytics Service’s Terms of Use and Privacy Policy. By using our Site and Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at support@nimasensor.com.

(c) Information Collected from You About Others. If you decide to invite a third party to create an Account, visit our Site, download our Application(s), or purchase any of our Products, we will collect your and the third party’s names and e-mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents form the third party that may be required by law to allow us to access and upload the third party’s name and e-mail address as required above. You or the third party may contact us at support@nimasensor.com to request the removal of this information from our database. As part of your use of the Services, we provide you the opportunity to connect automatically with your friends. We employ various techniques in order to facilitate friends finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (including contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the Services. With your permission, we will access your address book, call log and SMS log, and import your contacts’ names, e-mail addresses, phone numbers, image, and geographic location to facilitate automatic connection with your friends. We do this only for contact matching to help your friends and you find each other. Also, when you invite friends to the Services, we will access your Address Book and we will import your contacts names and phone numbers in order to facilitate the invitation. The e-mail that is sent to your friends will come from your e-mail address so that your friends know that you want to invite them to visit the Site. We do not store any passwords you provide as part of the contact import process. We also collect some settings that help us to interpret your data, such as the language and keyboard settings that you have established, and the phone’s carrier, mobile network code and mobile country code.

(d) Information You Provide to Social Networking Sites. In the future, the Services may allow users to access social networking services such as Facebook (each an “SNS”) to interact and share Test Results and other content with friends. If you are already logged into the Services and an SNS, when you click on “Connect with Facebook,” or a similar connection on another SNS, you will be prompted to merge your profiles. If you are already logged into the Services but not logged into Facebook or another SNS that we support, when you click on “Connect with Facebook,” or a similar connection on another SNS, you will be prompted to enter your SNS credentials or to “Sign Up” for the SNS. By proceeding, you are allowing the Services to access your information and you are agreeing to the SNS’s Terms of Use in your use of the Services. Conversely, if you are not currently registered as a user of the Services, and you click on “Sign in” using an SNS that we support, you will first be asked to enter your SNS credentials and then be given the option to register for the Services. In this case, we may receive information from the SNS to make it easier for you to create an Account on the Site and show relevant content from your SNS friends. Any information that we collect from your SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices.

6. Use of Your Personal Data

(a) General Use. In general, Personal Data you submit to us, including but not limited to Food Data that is collected from our Products and uploaded to our Application(s), is used to respond to requests that you make, to aid us in serving you better, and to provide the Services to you. We use your Personal Data in the following ways:

  • facilitate the creation of and secure your Account on our network;
  • identify you as a user in our system;
  • provide improved administration of our Site, Application(s) and Services;
  • provide the Services you request;
  • improve the quality of experience when you interact with our Site, Application(s), and Services;
  • track your purchases of our Products and the status of your supply of Capsules;
  • create, and make available to users of our Site and Services, a catalog of food items that have been tested using our Products, which may include Food Data;
  • send alerts, reminders, and other notifications to you (e.g., reminders to charge your mobile device or purchase more capsules when your supply runs low);
  • tailor our Products and Services to your interests;
  • 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;
  • respond to your inquiries related to employment opportunities or other requests;
  • send newsletters, surveys, offers, and other promotional materials related to our Services and services made available by third parties and for other marketing purposes of Nima.

(b) User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with our Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

(c) Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

7. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

(a) Users of our Services. When you use the Services, the Food Data you provide, together with your Profile, will be shared with all users of the Services. If you include Personal Data in your Profile, the Food Data you provide will also be Personal Data.

(b) Users. We will share your Personal Data with other users solely for the purpose of providing the Services.

(c) Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Site, including fulfilling orders, processing credit card payments, or other functions necessary for our business; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to Nima. These third party service providers are required not to use your Personal Data other than to provide the services requested by Nima.

(d) Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates“), in which case we will require our Affiliates to honor this Privacy Policy.

(e) Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

(f) Social Networking Sites. Some of our Applications and Services may enable you to post content to SNSs. If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

(g) Information You Make Public. Certain portions of the Services are open to any user, such as our community forums, your Profile, and any Food Data associated with your Profile. Any information you post in these locations will be available and accessible to other users of the Services. In addition, the Services contain features that permit you to upload, post, transmit, display, perform or distribute content, information or other data, including your Personal Data. Any information that you choose to disclose by means of such features becomes public information. You should exercise caution when deciding to disclose your Personal Data by means of such features, and you agree to assume all responsibility for doing so.

(h) Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Nima may disclose Personal Data 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 Nima; (c) to protect or defend the rights or property of Nima or its users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

8. Third Party Websites. Our Site may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

9. Your Choices Regarding Your Information. You have several choices regarding use of information on our Services:

(a) Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information above). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

(b) Cookies. If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided above.

(c) Location Information. If you do not want location information collected by us, you can disable location services on your mobile device.

(d) SNS Information. You may also manage the sharing of certain Personal Data with us when you connect with our Services through an SNS or de-link your SNS account from our Services. Please refer to the privacy settings of the SNS to determine how you may adjust your permission settings and manage the interactivity between the Services and your SNS account.

(e) Changing or Deleting Your Personal Data. You may change any of your Personal Data in your Account by sending an e-mail to support@nimasensor.com. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.

(f) Push Notifications. If you wish to stop receiving push notifications for any Application(s), you can use your mobile device’s standard process to turn off push notifications by changing the application settings on your mobile device.

(g) Applications. You can stop all collection of information by the Application(s) by uninstalling the Application(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. Uninstalling the Application(s) will stop collection of any new information by the Application(s) but will not delete any prior Personal Data already collected by us (“Prior Personal Data“). If you wish to delete any Prior Personal Data, please contact us at support@nimasensor.com and we will delete such Personal Data in accordance with Section 9(e). If you reinstall any Application(s) at a later date, your Prior Personal Data will not be associated with any new information collected by such Application(s) until you login to your Account through such Application(s). If you login to your Account through such Application(s), to the extent your Prior Personal Data remains in our active database, your Prior Personal Data will be associated with any new Personal Data collected by such Application(s).

10. Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at www.nimasensor.com/privacy-policy and we will change the “Last Updated” date above. You should consult this Privacy Policy regularly for any changes.