Last updated on March 5, 2013

Our Privacy Policy is designed to provide clarity about the information we collect and how we use it to provide a better user experience. By accepting our Privacy Policy and Terms of Service, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. If you have questions or complaints regarding our privacy policy or practices, please contact us as described in Section 13 (“Contact Us”).

  1. INTRODUCTION

    KHN’s products and services include a device used for the detection of alcohol in the breath (the “BACtrack Device”), related applications for mobile devices and KHN branded websites (collectively, the “Service”). In this policy, “KHN” refers to KHN Solutions, Inc. and its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership (“Affiliates”). We may also refer to KHN as “we” or “us”. 

    This Privacy Policy describes:

    • the information we collect, how we do so and the purposes of our collection
    • how we use and with whom we share such information
    • how you can access and update such information
    • the choices you can make about how we collect, use and share your information
    • how we protect the information we store about you
    If you have questions regarding this Privacy Policy or our collection and use of information, please contact us as described in Section 13 (“Contact Us”).

     

    If you use the Service in connection with a third-party Social Networking Site (“SNS”), you may be required to also read and accept the SNS Terms of Service and Privacy Policy.

  2. INFORMATION WE COLLECT

    When you interact with the Service, via any KHN mobile application, at www.bactrack.com, or any KHN-owned or Affiliate-owned website, we may collect and store information from you directly as described below:

    2.1 Information About You Received from an SNS

    When you use the Service in connection with an SNS, such as Facebook or Twitter, you allow KHN to access certain information from your profile for that site. The information you allow us to access varies by SNS, and it may be affected by the privacy settings you and your friends establish at the SNS. You can control and find out more about these settings at the relevant SNS site. For example, KHN may access and store some or all of the following information, as allowed by you, the SNS and your privacy settings:

    • your first and last name
    • your profile picture or its URL
    • your user ID number, which is linked to publicly available information such as name and profile photo
    • the user ID numbers and other public data for your friends
    • the login e-mail you provided to the SNS when you registered
    • your physical location and that of your access devices
    • your gender
    • your birthday

     

    By using the Service in connection with an SNS, you are authorizing KHN to collect, store, and use in accordance with this Privacy Policy all information that you agreed the SNS could provide to KHN through the SNS Application Programming Interface (“API”).

    2.2 Registration Information

    We may allow you to “register” with us to create an account or profile within the Service. In the registration process you may be required to provide the following information: your age or birthday (for age screening and/or to better understand who our users are); your first and last names; your e-mail address; a password and other information that helps us confirm that it is you accessing your account.

    We may also offer you the option to complete a user profile that is visible to other KHN users. Your user profile may include: a profile photo; one or more usernames; your gender; biographic details that you provide; links to your profiles on various SNS; and a KHN user ID number that is created by KHN and used to identify your profile.

    The KHN user ID number used to identify your account and profile will be public and will appear in the URL of your profile page, but will only permit access to information that is considered public or that you have designated as public in your settings.

    Your first and last names and profile picture are considered “public” on KHN websites and search engines may index this publicly available information. When we offer profiles, we may also offer functionality that allows you to opt-out of public indexing of your public profile information.

    2.3 Information We Receive or Collect When You Use the Service on a Mobile Device

    If you access the Service from your mobile telephone or other mobile device, including iPads and tablets, we collect mobile device identifiers, including MAC Address, and IP Address. We may create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, geo-location or e-mail address. Please refer to Section 3.1 below regarding other information we may collect from you when you use the Service.

    2.4 Payment Information

    If you make a purchase in connection with the Service, we will collect the billing and financial information necessary to process your charges, which may include your postal and e-mail addresses. KHN may also receive the billing and payment information that you provide when your purchase is processed by another party. 

    2.5 Customer Support Correspondence

    When you ask for assistance from our Customer Support team, we will collect and store the contact information you provide (generally your name and e-mail address), information about your activity on the Service, and your user ID number. We will also store the correspondence and any information contained within.

    2.6 SMS Notifications, Push Notifications & Local Notifications

    We receive and store the information you provide, including your telephone number, when you sign up to have SMS notifications sent directly to your mobile phone. You can adjust the types of notifications you receive and when you receive them by editing your SMS notification settings.

    With your consent we may send push notifications to your mobile device to provide updates and other relevant messages. You can manage push notifications from the “options” or “settings” page. You may also be able to manage them from your device’s settings page for the Service.

    2.7 Technical and Usage Information

    When you access our websites or the Service, we collect (i) certain technical information about your mobile device or computer system, including MAC Address, IP Address and mobile device ID; and (ii) usage statistics about your interactions with the Service. This information is typically collected through the use of server log files or web log files (“Log Files”), mobile device software development kits and tracking technologies like browser cookies to collect and analyze certain types of technical information. Some of the cookies the Service places on your computer may be linked to your user ID number(s). For more information on how we utilize cookies and other tracking technologies please review the “Cookies and Automated Information Collection” portion of Section 3 (“How We Collect Information About You”).

  3. HOW WE COLLECT INFORMATION ABOUT YOU

    We may collect information about you in any one or more of the following ways:

    3.1 Information about Users

    When you use the Service, KHN may collect and store certain information that you provide directly or through a SNS. We may also collect information about your interaction with other users of the Service. The bulk of this information is collected and stored through the use of Log Files, which are files on our web servers that record actions taken on our websites. 

    The Service has options for storing data. If you choose to enable the option within the Service to “Store My Data,” then each reading from the BACtrack Device and the accompanying data, such as location, notes, photographs, gender, weight and other data, will be stored on our servers and you will be able to access such data using the Service. We may also use such data and provide such data to third parties as discussed in Section 5.3 below. By enabling the “Store My Data” option you consent to our storage and use of such data. If you disable the “Store My Data” option then all such data will be deleted from our servers. If you choose to enable the “Public API Access” option, then our application programming interface (“API”) will have access to each reading from the BACtrack Device and the accompanying data, including location, notes, photographs, gender, weight and other data. We may also make such data available to the general public through our public API, as discussed in Section 5.3 below. By enabling the “Public API Access” option you consent to such storage, use and disclosure of such data. You should reevaluate these data-storing options frequently to ensure they reflect your current preferences.

    3.2 Communications Features

    You may be able to take part in certain activities on our websites or by using the Service that give you the opportunity to communicate or share information not just with KHN, but also with other users of our Service. 

    We may record and store archives of these communications on our servers to protect the safety and well being of our users and our rights and property in connection with the service. You acknowledge and consent to the recording and storage of such communications for these purposes.

    3.3 Cookies and Automated Information Collection

    When you access the Service, we collect certain technical information in order to (i) analyze the usage of our sites and services; (ii) provide a more personalized experience; and (iii) manage advertising. We and service providers acting on our behalf, such as Google Analytics, use Log Files and tracking technologies to collect and analyze certain types of technical information, including cookies, IP addresses, device type, device identifiers, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of activity on our websites, and other similar information. In some cases, we will associate this information with your user ID number for our internal use.

    We may also employ other technologies including (i) web beacons, which allow us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites; and (iii) local shared objects also known as flash cookies, which help us to prevent fraud, remember your in-Service preferences and speed up load times.

    You can set your web browser to warn you about attempts to place cookies on your computer or limit the type of cookies you allow. Flash cookies operate differently than browser cookies and cookie management tools available in a web browser may not remove flash cookies. If you disable cookies, you may lose some of the features and functionality of the Service, as cookies are necessary to track and enhance your activities within the Service.

  4. HOW WE USE THE INFORMATION WE COLLECT

    In general, we collect, store and use your information to provide you with a safe, efficient, and customized experience. For example, we may use information collected from you in any one or more of the following ways:

    • to create your user accounts
    • to identify and suggest connections with other users of the Service
    • to enable user-to-user communications
    • to provide technical support and respond to user inquiries
    • to prevent fraud or potentially illegal activities, and enforce our Terms of Service
    • to deliver and target advertising
    • to notify users of updates
    • to solicit feedback to improve KHN products and services and customize your user experience
    • to inform users about new products or promotional offers

     

    One important use of your information is communication. If you have provided your e-mail address to KHN, we’ll use it to respond to (i) customer support inquiries, and (ii) keep you informed of your activity within the Service. We may also send promotional e-mail messages and promotional SMS messages (“Promotional Communications”) directly or in partnership with parties other than KHN. Each Promotional Communication will generally offer recipients choices about receiving additional messages.

  5. OUR SHARING OF YOUR INFORMATION

    We will share your information (in some cases personal information) with third parties, that is parties other than KHN, in the following circumstances:

    5.1 Third-Party Service Providers

    We will provide your information to third-party companies to perform services on our behalf, including payment processing, product delivery, data analysis, e-mail delivery, hosting services, customer service and to assist us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on our behalf.

    5.2 Advertising of Third-Party Products and Services

    We do not actively share personal information with third-party advertisers for their direct marketing purposes unless you give us your consent.

    We may share (i) aggregated information (information about you and other users collectively, but not specifically identifiable to you); (ii) anonymous information; and (iii) certain technical information (including IP Addresses, MAC Addresses for mobile devices and mobile device IDs) to develop and deliver targeted advertising in the Service and on the websites of third parties. We may also allow advertisers to collect these types of information within the Service and they may share it with us. Advertisers may collect this information through the use of tracking technologies like browser cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by ensuring that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, and to undertake web analytics (i.e. to analyze traffic and other end user activity to improve your experience). Our collection, use, and disclosure of anonymous or aggregated information are not subject to any of the restrictions in this Privacy Policy.

    5.3 Stored Data and Public API Access

    If you choose to enable the “Store My Data” option, then our servers will store each reading from the BACtrack Device and the accompanying data, such as location, notes, photographs, gender, weight and other data. We may use such data to provide statistics, charts and other data visualization within the Service. We may also provide such data to the media or third parties. Although we will not associate your name with such data, your identity may be determined by the other data available. If you do not want your data stored or used by us in this way, you should disable the “Store My Data” option.

    If you choose to enable the “Public API Access” option, then our API will have access to your data, including each reading from the BACtrack Device and the accompanying data, such as location, notes, photographs, gender, weight and other data. Although we will not associate your name with such data, your identity may be determined by the other data available. We may allow third parties or the general public to access, use, manipulate and display all such data in our public API. If you do not want your data included in our public API, you should disable the “Public API Access” option.

    5.4 Safety, Security and Compliance with Law

    YOUR INFORMATION, INCLUDING BLOOD ALCOHOL CONCENTRATION DATA, LOCATION AND THE CONTENTS OF ALL OF YOUR ONLINE COMMUNICATIONS (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES AND YOUR PERSONAL INFORMATION) MAY BE ACCESSED AND MONITORED AS NECESSARY TO PROVIDE THE SERVICE AND MAY BE DISCLOSED: (I) WHEN WE HAVE A GOOD FAITH BELIEF THAT WE ARE REQUIRED TO DISCLOSE THE INFORMATION IN RESPONSE TO LEGAL PROCESS (FOR EXAMPLE, A COURT ORDER, SEARCH WARRANT OR SUBPOENA); (II) TO SATISFY ANY APPLICABLE LAWS OR REGULATIONS (III) WHERE WE BELIEVE THAT THE SERVICE IS BEING USED IN THE COMMISSION OF A CRIME, INCLUDING TO REPORT SUCH CRIMINAL ACTIVITY OR TO EXCHANGE INFORMATION WITH OTHER COMPANIES AND ORGANIZATIONS FOR THE PURPOSES OF FRAUD PROTECTION AND CREDIT RISK REDUCTION; (IV) WHEN WE HAVE A GOOD FAITH BELIEF THAT THERE IS AN EMERGENCY THAT POSES A THREAT TO THE HEALTH AND/OR SAFETY OF YOU, ANOTHER PERSON OR THE PUBLIC GENERALLY; AND (V) IN ORDER TO PROTECT THE RIGHTS OR PROPERTY OF KHN, INCLUDING TO ENFORCE OUR TERMS OF SERVICE.

    5.5 Sale or Merger

    If KHN undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, we may transfer all of your information, including personal information, to the successor organization in such transition. If material changes to our privacy practices will occur as a result of the business transition, we will notify you and other users of the business transition prior to transferring your personal information.

  6. OUR POLICIES CONCERNING CHILDREN

    Our Service is not intended for children under the age of 13 and we do not knowingly collect any personal information from such children. Children under the age of 13 should not use our websites or the Service at any time. If we learn that we have inadvertently gathered personal information from children under the age of 13, we will take reasonable measures to promptly erase such information from our records.

  7. HOW TO ACCESS AND UPDATE YOUR INFORMATION

    To manage the information KHN receives about you from an SNS you will need to follow the instructions at the SNS for updating your information and changing your privacy settings. Once KHN receives information about you from an SNS, that information is stored and used by KHN in accordance with this Privacy Policy.

    If you no longer want KHN to make active use of your information, you may send an e-mail to info@bactrack.com

    Place “Delete My Account” in the subject line and include your first name, last name, e-mail address and user ID number. We will respond to your request within 30 days. Please note that certain records, for example those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content on the Service, we may not be able to delete it.

    If you wish to review or change the information KHN has about you, e-mail us at the address provided herein.

    You may change your e-mail preferences at any time, by visiting your e-mail preference page.

    You can turn off push notifications by visiting the “options” or “settings” page. 

    You can stop further use of your geo-location by visiting your device’s settings for the relevant application or the “settings” page for the relevant application. 

    If you have additional questions about this Privacy Policy, contact us at info@bactrack.com.

  8. YOUR SHARING AND MESSAGING OPTIONS

    8.1 Sharing Data by SNS or SMS

    When using the Service, you will have the opportunity to share data (including blood alcohol concentration, location, a unique URL, and other data) through one or more SNS or by SMS (text message). To avoid sharing this data, do not press the “Share” icon.

    8.2 Opting out of Promotional Communications

    You can choose to opt out of receiving additional promotional e-mails from KHN by clicking on the “unsubscribe” link in any such e-mail, or visiting the e-mail preference page. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective. 

    8.3 Opting Out of Other Communications

    You can opt out of receiving SMS messages by texting STOP to the number we send from for that particular SMS program. When we receive an opt-out message from you for SMS messages, we may send a message confirming our receipt of your opt-out.

    When you install our apps on your mobile device you can choose to receive push notifications. You can turn off push notifications by visiting the “options” or “settings” page within the relevant app.

    Note that if you opt-out of our Promotional Communications or other forms of communication, we may still e-mail or communicate with you from time to time if we need to provide you with information or if we need to request information from you with respect to a transaction initiated by you or for other legitimate non-marketing reasons.

  9. PRIVACY POLICIES OF LINKED SITES AND ADVERTISERS

    Our websites may contain advertisements from companies other than KHN that may link to their own websites. We are not responsible for the privacy practices or the content of such websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.

  10. SECURITY OF YOUR INFORMATION

    KHN implements reasonable security measures to protect the security of your information both online and offline, and we are committed to the protection of customer information.

    For user accounts registered with KHN, profile information is protected by the password each member uses to access their online account. It is important that you protect and maintain the security of your account and that you immediately notify us of any unauthorized use of your account. If you forget the password to your KHN account, the Service allows you to request that instructions be sent to you that explain how to reset your password. When you sign into your account or enter payment information (such as a credit card number when purchasing virtual currency), we encrypt the transmission of that information using secure socket layer technology (“SSL”).

    While we take reasonable precautions against possible security breaches of our websites and our customer databases and records, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. 

    Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once we have received your information, we have procedures and security features in place to try to prevent unauthorized access.

  11. CHANGES TO OUR PRIVACY POLICY

    We may make P3P – compact machine-readable – policies and headers available. If we do so, we will try to ensure that they are consistent with this human readable policy. However, in the event of a conflict between a machine-readable policy and this policy, this (human readable) policy will control.

    If we decide to make material changes to our Privacy Policy, we will notify you and other users by placing a notice on our website or by sending you a notice to the e-mail address we have on file for you. You should periodically check www.bactrack.com and this privacy page for updates.

  12. YOUR CALIFORNIA PRIVACY RIGHTS

    We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by “opting in” to receive information from a third party that is participating in a promotion on one of our sites. If you do ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our service providers) on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personal information on one of our sites.

    Users in certain jurisdictions have a right to access personal information held about themselves. Your right of access can be exercised in accordance with applicable law. Please submit any requests for access to your personal data in writing to info@bactrack.com.

  13. CONTACT US

    If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to info@bactrack.com. All other inquiries should be directed to our Support Page.

    Contact:
    KHN Solutions, Inc.
    300 Broadway, Suite 26
    San Francisco, CA 94133