This Privacy Notice describes how Akoustis Technologies, Inc. and its subsidiaries (“Akoustis,” “we,” “us,” or “our”) may collect information and data about you during your visit to this website (www.akoustis.com) (“Website”) or other websites or platforms controlled by Akoustis that direct visitors to this Privacy Notice, as well as when you purchase our products and services, or otherwise communicate or interact with Akoustis in person or electronically. Akoustis values your privacy and is providing this Privacy Notice to describe the information and data we collect and how that information and data may be used, disclosed, transferred, retained or otherwise processed. By visiting our Website, purchasing our products or services, or by otherwise interacting with us online or offline, you are agreeing to the terms of this Privacy Notice. Capitalized terms not defined in this Privacy Notice shall have the meaning set forth in the Disclaimer.
Important Notice to all Non-US Residents
If you are located outside of the United States and choose to visit our Website or other Akoustis websites and platforms, or purchase our products or services, or otherwise communicate or interact with Akoustis in person or electronically, please be aware that your information and data may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin, and you do so at your own risk.
Important Notice to Residents of the State of California
Natural persons who reside in the State of California should review the Notice for California Residents below. You may have additional rights under California law.
This Notice applies to our websites, products, services, software, or apps on which we post a direct link to this Notice or refer to within this Notice (collectively the “Services”). This Notice covers information and data collected through the Services and not any collection or processing practices of other services that maintain their own, separate privacy policies. Occasionally, we refer to this Notice in relation to surveys and special-purpose web pages, for example, our Careers web pages; under such circumstances, this Notice applies as modified in the particular notice or consent request (e.g., with respect to types of data collected or purposes of collection).
Personal Information We Collect
We collect personal information and data about you from a variety of sources, including from you directly (e.g., when you contact us or sign up for email updates, a newsletter or an account), information we generate about you in the course of our relationship with you (e.g., data collected from cookies and other similar technologies when you visit one of our websites or other online properties) and information we collect about you from other sources, including commercially available sources, such as public databases (where permitted by law). See the “Cookies” section below for more information about data collected online from cookies and similar technologies.
We may be required by law to collect certain personal information about you or as a consequence of any contractual relationship we have with you. Failure to provide this information may prevent or delay the fulfillment of these obligations.
Information we collect directly from you
The categories of information and data that we may collect directly from you include the following:
(a) personal details (e.g., name, salutation);
(b) contact details (e.g., phone number, email address, postal address or mobile number);
(c) account details (e.g., username and password);
(d) payment and transaction details (e.g., when you make purchases, respond to offers, or provide goods or services to us);
(e) application details (e.g., academic and professional qualifications, education and certification information, training, professional qualifications, information on work-related skills, information contained in letters of application and resumes/CV, and references);
(f) communications (e.g., when we contact you via telemarketing or when you contact us with a question, comment, or request); and
(g) product interest (e.g., when you request product samples or information).
Information we collect about your use of the Services
The following are examples of the other categories of information which we may collect use about you (See “Cookies” below for more details): unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. We also collect information about the interaction of your apps, browsers, and devices with our Services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request.
We also allow other companies such as web analytics partners, advertisers, or ad networks to set or access their cookies or web beacons (also referred to as 1×1 pixel.gifs or action tags) on the site. For example, we use third party advertising companies to serve ads on our behalf across the Internet. These third-party advertising companies employ cookies and web beacons to measure and improve the effectiveness of ads for their clients, including us. To do so, these companies use data about your visits to our site and other websites over time. This data may include: date/time of banner ad shown, a unique identifier contained in their cookie, and the IP address of your device. This data can also be used to personalize ads so that you are more likely to see ads about goods and services of interest to you. If you would like more information about this practice and your choices about personalized advertising, visit this opt out article.
You are free to decline cookies, but by doing so, you may not be able to use some features on the site or take full advantage of our offerings. Check the “Help” menu of your browser to learn how to change your cookie preferences.
Do Not Track
We do not currently respond to “Do Not Track” (“DNT”) signals sent by web browsers. However, you may use a variety of other means of controlling data collection and use, including cookie controls in your browser settings and the personalized advertising controls as described in the Cookies section above.
Information we collect from other sources
The following are examples of the categories of information we may collect from other sources, such as trade shows, and third-party platforms such as Facebook, LinkedIn, and YouTube.
(a) personal details (e.g., name, date of birth);
(b) contact details (e.g., phone number, email address, postal address or mobile number);
(c) details about advertising preferences (e.g., products purchased, interaction with advertisements online); and
(d) details about trade show attendance or membership in business, industry, or trade associations.
We may also obtain personal data from third party sources such as data brokers, social networks, other partners, or public sources.
Collection Purposes, Use of Data
We collect and process information and data about you with your consent and/or as necessary to provide the products you use, operate our business, meet our contractual and legal obligations, protect the security of our company, its systems and our customers, or fulfil other legitimate interests. The purposes for which we collect and use information and data include:
To achieve these purposes, and to the extent permitted by applicable law, we may combine the various types of information and data that we collect from different on and offline sources.
We may also anonymize your information and data in such a way that you may not reasonably be re-identified by us or any other company, and may use this anonymized information for any other purpose.
How We Protect Your Information
Akoustis takes the security and privacy of your information and data seriously. Accordingly, we implement reasonable security measures designed to protect your information and data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such information and data, and comply with applicable laws and regulations. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with whom we may share your information and data (as permitted herein), nor can we guarantee that the information and data you supply will not be intercepted while being transmitted over the Internet. In particular, email sent to us may not be secure, and you should therefore take special care in deciding what information and data you send to us via email.
Disclosures of Information and Data
We do not sell your information and data. We do, however, share your information and data with Akoustis subsidiaries, business partners, and service providers who process the information and data on our behalf for the purposes set forth in this Notice. For example, we may partner with companies to process secure payments, fulfill orders, optimize services, serve online behavioral advertising, send newsletters and marketing messages, support email and messaging services, and analyze information. These service providers and business partners may include advertising agencies and fraud prevention agencies which will use your personal information and data only in the ways described in this Notice.
We may also share your information and data as required by law or in the interest of protecting or exercising our or others’ legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings.
We may share or transfer your information and data in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business, including related negotiations.
Finally, we may also share your information and data according to your request or where you have granted us permission. For example, if you request pricing information on a product we do not ordinarily sell directly to you or your company, we may forward your request to a third-party business partner that does, in order to address to your direct inquiry.
Your Rights Over Your Information and Data
In accordance with the laws of certain countries or states, you may where applicable, have certain rights regarding the information and data we hold about you, subject to local law. These may include the rights to access, correct, delete, restrict or object to our use of, or receive a portable copy in a usable electronic format of your information and data. Where you have provided your consent to any use of your information and data, you can withdraw this consent at any time. You also may have a right to lodge a complaint with your local data protection or privacy regulator. Even in countries where you are not afforded such rights, you may have the ability to review, correct, or update some of your information and data by contacting us using the contact information provided below. If you would like to discuss or exercise any rights you may have under law, please contact us using the contact information set forth below. Please note that we may require additional information from you in order to honor your requests.
To verify your identity, we generally will match information you provide with information and data that we already maintain. Such information may include, for example, your name, telephone number, mailing address, email address, or other information, depending on the context of your interactions with the company. If we cannot sufficiently verify your identity with the information you provide in your initial request, we may follow up and request any necessary additional information.
You may also unsubscribe from emails that you receive from us by following the unsubscribe link in the email or sending an email to the contact information below, and delete cookies stored on your device within your browser.
California Consumer Privacy Act Rights
The California Consumer Privacy Act (“CCPA”) provides California residents (“consumers”) with the following rights:
Akoustis may have collected personal information of California residents and described above under “Personal Information We Collect” in the past 12 months.
Please note that the CCPA includes an exemption for certain personal information that is collected in a business-to-business (“B2B”) context. With the exception of the sale opt-out right, the rights described above do not apply to personal data that is subject to the B2B exception. If you are a California resident, or an authorized agent acting on behalf of a California resident, and would like to exercise one of these rights submit a CCPA Data Privacy request using the Akoustis Compliance Hotline (833-290-0001), using the Contact Form at https://akoustis.com/contact-us/, or using the contact information provided below.
General Data Protection Regulation – European Union
If you are a data subject in the EU protected by GDPR, we hereunder inform you about your rights under GDPR and how to perform them. In such case, the processing of personal data by Akoustis may be based on the necessity to perform a contract with you or in order to take steps at your request prior to entering into a contract, because we have a legal obligation to do so, or because it is in our legitimate interest to do so (for instance if you are working for one of our suppliers or customers who have to receive your data for normal business operations, or because you want to browse through our website), or, alternatively, may be based on your consent (for instance when you have consented to the use of your personal data for direct marketing purposes).
Under the GPDR individuals have:
The performance of these rights may be subject to certain conditions and exceptions as provided by the GDPR. Individuals who would like to exercise one of these rights may submit a GDPR Data Privacy request using the Akoustis Compliance Hotline (833-290-0001), using the Contact Form at https://akoustis.com/contact-us/, or using the contact information provided below. The inquiries should include the individual’s name, address, and other relevant contact information (phone number, email address). Akoustis may require that you provide additional information in order to verify your identity and will use all reasonable efforts to honor such requests as quickly as possible and within the time limits set forth by applicable law.
Non-Discrimination/Financial Incentives. The laws of some countries or states prohibit us from discriminating against you for exercising your rights described above and imposes requirements on any financial incentives offered to you related to your information. If we offer any such financial incentives, we will describe them in more detail here.
We retain your information and data for as long as we have a relationship with you and as long as necessary for legitimate business purposes. When deciding how long to keep your information and data after our relationship with you has ended, we take into account our legal obligations. We may also retain records to investigate or defend against potential legal claims.
Our Services are intended for adults. We do not intentionally or knowingly collect personally-identifiable information from children as defined by applicable law and we request that children not submit any personal data to us.
We reserve the right to change, modify, add, or remove portions of this Notice at any time, but will alert you that changes have been made by indicating on the Notice the date it was last updated. If we change this Notice in a material way, we will provide appropriate online notice to you at least thirty days in advance and/or obtain your express consent as required by law. When you visit our websites or use our Services, you are accepting the current version of this Notice. We recommend that users revisit this Notice on occasion to learn of any changes.
To contact us, send us an email at email@example.com, or write to us at Akoustis Technologies, Inc., Attn: Chief Compliance Officer, 9805-A Northcross Center Court, Huntersville, NC 28078 USA.