Last Updated: April 5, 2019

Kinestral Technologies, Inc. and its joint venture, Halio North America LLC (collectively “we”, “us”, or “our”), operates the Halio mobile applications (the “App”) and related Halio service offerings, which are provided to end users directly or through Halio North America LLC. This Privacy Policy applies to the App, service offerings, and to any other mobile app offered by us that reference or link to this Privacy Policy (collectively, the “Services”).

The App provides cloud-based control to tint or clear tinted windows in Halio-enabled office buildings. It allows building managers to grant access to its tenants and end users to use the App in their designated space in the building. After downloading and registering with the App, end users will be able to control window tinting and clearing tinted windows in their office or work space based on permissions communicated to us by building managers.

This Privacy Policy describes the types of information that we may collect or you may provide when you download, install, register with, access, or use the Services. This Privacy Policy also describes our practices for collecting, using, disclosing, and maintaining such information.

This Privacy Policy does not alter the terms of any other agreement that you may have with us. Your use of the Services constitutes your acceptance of this Privacy Policy. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, DO NOT DOWNLOAD, INSTALL, REGISTER WITH, ACCESS, OR USE THE SERVICES. By downloading, registering with, accessing, or using the Services, you agree to the terms and conditions of this Privacy Policy.

1. Personal Information We Collect. “Personal information” is data that can be used to uniquely identify or contact a single person. We may collect certain information directly from you when you register with the App. We may also collect certain information that you or your building manager provides to us. Before you install the App, you or your building manager provides us with your email address and the list of building windows that may be accessed via that email address. We use this information for authentication purposes.

We collect this information for registered users of our Services. If you register for an account on the App, we collect your name, username, email address, and password.

We may also collect personal information about you from third parties when you login to the App using third-party sign-on services (e.g., Google, Microsoft Office 365). If you choose to use those services to login, we may use those services to authenticate your identity, and to share certain personal information with us, such as your name, email, and other information indicated when you authenticate your login information. For example, if you create or login to an App using your Google account credentials, we will have access to certain information, such as your name and email address as authorized by you in your Google profile settings.

2. Automatic Data Collection; Technologies Used to Automatically Collect Information. Whenever you visit or interact with the Services, we, as well as our service providers, may use assorted technologies that automatically or passively collect information about how the Services are accessed and used. We refer to this information as “traffic data.” Traffic data may include browser type, device type used to access the Services (i.e., computer or mobile device), unique number assigned to identify such device, operating system, application version, click path taken through the Services, your use of features or applications on the Services, and other usage information. This information helps us manage, improve and customize the Services. Traffic data is generally non-identifying, but if we associate it with you as an identifiable person, we will treat it as personal information.

3. How We Use Information We Collect. We collect and use your personal information for a variety of business purposes, including to respond to your questions or requests, to provide the Services and the services that you request, to communicate with you about our Services, and to do all things necessary to administer the Services, and manage, protect and improve them.

4. Information We Share with Others. To provide the Services, we may work with our affiliates and/or business partners. As part of that relationship, we may share your personal information and other information with those affiliates and/or business partners who will use that information for business purposes and to help us provide the Services to you. As mentioned above in Section 1, we may receive certain information from your building manager. We may also share your information, including personal information, with the building manager and the tenant for the space you are controlling via the App to communicate about how the Services are being used. The information we share with building managers includes information about the office building, including building address, and the building location (longitude and latitude). We may disclose your personal information to third parties to protect the security and integrity of the Services, to correct technical problems and malfunctions on the Services, to technically process your information, to provide the Services, or to take precautions against liability. We also may provide your personal information to service providers who provide services on our behalf, such as our data centers. If you request services via a mobile device, your request will be transmitted via your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policy for additional information.

We reserve the right to transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business. We reserve the right to disclose any personal information as needed if that information is requested by law enforcement agencies or if we are required to do so by law, treaty, regulation, subpoena, court order, or by a government entity. We also may disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating any agreement with us.

5. Do-Not-Track Requests; Third-Party Tracking. Unless your browser settings are configured to make your online activities and information about your online activities (such as traffic data as described above) invisible to usage analytics tools, we do not presently have the capability to omit you from usage analytics to the extent your browser only sends us a “do not track” message and does not otherwise screen you from tracking without any action on our part. To learn more about browser tracking signals and “Do Not Track”, please visit http://allaboutdnt.org. Third parties, other than our vendors (such as our website analytics provider), do not have authorization from us to track which websites you visited prior to and after visiting the Services. Please note, however, that we cannot control third party tracking and there may be some third-party tracking that occurs without our knowledge or consent.

6. Security. We use reasonable precautions, including technical, administrative, and physical procedures, to protect personal information from loss, misuse, or alteration. Although guaranteed security does not exist on the Internet or offline, we make commercially reasonable efforts to handle such information consistent with this Privacy Policy and applicable laws. Due to the design of the Internet and other factors outside our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties.

7. Data Retention. We will retain your personal information for as long as is necessary for purposes for which it was collected. The precise period will depend on the reason why it was collected. Those periods are also based on the requirements of applicable laws, applicable legal and regulatory requirements, and periods relating to the commencement of legal actions. Typically, we will keep your information for the period of time that you are a registered user of our Services and until your building manager communicates to us that you no longer require an account.

8. Your Choices. If you need to correct, update, delete or deactivate your personal information, please contact us by sending an email to privacy@halioglass.com . Please note that we may not be able to correct or update your personal information previously provided to us by third parties. You can also choose to delete your account. To delete your account, you will need to communicate with your building manager your request, and the building manager will let us know.

If and when we offer you the option to opt-in to push notifications, you will have a choice as to whether to opt-in when you first download and launch the App or at a later stage. If you opt-in and later decide that you do not want to receive push notifications from us, you may opt-out of receiving these by using the settings on your mobile device.

9. Third-Party Links. The Services may contain links to third-party applications, software and websites that are not controlled by us (e.g., if you choose to login with a Google account or Microsoft Office account). These links are made available to you as a convenience, and you agree to use these links at your own risk. Please be aware that we are not responsible for the privacy practices or content of such third-party services. Our Privacy Policy only applies to information we collect from you while you are on the Services. If you use a third-party link from the Services, we strongly encourage you to review and become familiar with that third-party service’s own privacy policy and statements.

10. Children. The Services are not intended for use by children under the age of 18, and we do not knowingly collect personal information from such individuals. If we learn that we have collected the personal information of any such individual, we will take steps to delete the information as soon as possible.

11. Notice to Residents of Countries Outside the United States. We are headquartered in the United States and currently our services are only intended for individuals located in the United States. If you are located outside of the United States, be advised that any information you provide to us will be transferred to and stored in the United States and that, by submitting information to us, you explicitly authorize its transfer and storage within the United States. We will protect the privacy and security of personal information according to this Privacy Policy regardless of where it is processed or stored.

12. Your California Privacy Rights. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship, what types of personal information, if any, the business shares with third parties for direct marketing purposes by such third parties and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. We do not currently share any personal information with third parties for direct marketing purposes by such parties. If you have any questions, comments or requests related to this Section, please contact us using the information in Section 14 (“Contact Us”) below. A number of states are currently considering enacting laws similar to the California law above. If you are a resident of a state that enacts such a law, please use the contact information above to contact us with any questions, requests, or comments.

13. Changes to Privacy Policy. We reserve the right to change or replace this Privacy Policy at our sole discretion at any time and we encourage you to review this Privacy Policy periodically. If we make material changes to this Privacy Policy, we will post the updated Privacy Policy on this page. Any changes to the Privacy Policy will become effective upon posting of the revised policy. Your continued use of the Services following the posting of changes constitutes your agreement to such changes.

14. Contact Us. If you have any questions about our Privacy Policy, please feel free to contact us: privacy@halioglass.com