Last Updated: 1/17/2022
European Union Residents
If you reside in a country in the European Economic Area or in Switzerland, then information we collect from you may be subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”) and the following additional information is provided for your benefit.
The controller of the personal data collected through the Particle Platform is:
150 Country Estates Cir.
Reno, NV 89511
If you use the Particle Platform, you acknowledge that your personal data is being processed pursuant to the following lawful bases: your consent, Particle’s legitimate interests, to fulfil requests made by you, and compliance with applicable law. You further acknowledge and consent to your information that is gathered through the Particle Platform being transferred to, used in, and stored in the United States.
Accessing/Updating/Deleting Your Personal Information
If you would like to delete, update, or access the Personal Information we have collected from you, and/or deactivate or delete your Particle account, you may do so by sending an email to [email protected]. Additionally, if your Personal Information is subject to the GDPR, you may have certain additional rights, including the right of restriction of processing of personal data, and the right to object to the processing of personal data. Please send e-mail to [email protected] for more information.
2. Collection of Your Personal and Other Information.
When you register for, or use the Particle Platform, we collect Personal Information. By “Personal Information” we mean information that can identify an individual, such as:
You may choose not to provide Personal Information, but this may prevent you from receiving certain features of the Particle Platform.
We may also collect non-Personal Information relating to the Particle Platform, that is, information that does not personally identify an individual. The non-Personal Information we may collect includes how you interact with the Particle Platform, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Particle Platform.
Examples of the non-Personal Information we may collect are:
3. Use of Your Information.
We may use the information we collect to:
4. Disclosure of Your Information.
We may disclose your Personal Information to third parties as described below.
We may also disclose Personal Information to other third parties upon your consent to such disclosures.
In addition, we may disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Particle Platform, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of Particle, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.
Finally, we reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or a portion of the assets of our company relating to the Particle Platform, or in the event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice on our website.
Lastly, we may also disclose non-Personal Information, aggregated with information about our other users, to our business partners, merchants, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.
5. Cookies and Automatic Information Gathering Technologies
Every time you use the Particle Platform we collect non-Personal Information (discussed above in Section 2) regarding that use. For example, to improve the Particle Platform, we collect how, when, and which parts of the Particle Platform or its features you use, which third-party platforms you connect to the Particle Platform. Also, we may use your device’s unique identifier (UDID), media access control address (MAC Address), or other unique identifiers to assist us in collecting and analyzing this data.
To assist us in collecting and storing this non-Personal Information, we may employ a variety of technologies, including “Cookies,” local browser storage, and “Web Beacons.” A “Cookie” is a small amount of data a website operator, or a third party whose content is embedded in that website, may store in your web browser and that the website operator or, as applicable, the third party, can access when you visit the website. A Cookie may also refer to web-browser-based storage provided by Adobe’s Flash plugin (a “Flash Cookie”). Particle Platform Cookies may contain user preferences, unique identifiers, and other non-Personal Information. A “Web Beacon” is a small, usually transparent image placed on a web page that allows the operator of that image, which may be the operator of the website you visit or a third party, to read or write a Cookie.
More information about managing Cookies is available here. Cookie management tools provided by your browser may not affect Flash Cookies. More information about managing Flash Cookies is available here. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end user documentation for your browser.
6. Transparency and Choice.
You may request access to your Personal Information by sending an email to [email protected]. We will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request. But, in either case, we may need to retain it for legal reasons or for legitimate business purposes.
We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Please be aware that if you request us to delete your Personal Information, you may not be able to continue to use the Particle Platform. Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.
You can opt out of receiving marketing e-mails from us by clicking on the “unsubscribe” link in the e-mails. Please note that it may take up to ten (10) business days for your opt-out request to be processed. Also, even if you opt out of marketing e-mails, we may continue to send you certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested.
The Particle Platform is not intended for users under 13 years of age. We do not knowingly collect Personal Information from users under 13 years of age. We do not authorize users under 13 years of age to use the Particle Platform.
8. Information Security.
We utilize reasonable information security measures to safeguard your Personal Information against unauthorized access, modification, or destruction. However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.
Within Particle, we restrict access to Personal Information to our employees, contractors, and agents who need to know that information in order to operate, develop, improve or support the Particle Platform. If we share Personal Information with service providers, we require that they also use reasonable information security measures to safeguard your Personal Information and only use your Personal Information for the purposes for which we share it with them.
9. Changes to this Policy.