BACtrack Privacy Policy

Last Updated: February 9, 2021

This privacy policy sets out how KHN Solutions LLC (“KHN”), doing business as BACtrack (“BACtrack”), uses and protects any information that you give BACtrack when you visit our website (“Website”) or purchase and use our products (“Products”), install and use our software (“Software”) or subscribe to our services (“Services”). Your continued use of our website, software or services indicates your agreement to these policies. For ease of reading, we have distinguished website activities from our products and services.

Privacy Policy for the BACtrack.com Website

Privacy Policy for BACtrack’s Products, Mobile Software & Services

Privacy Policy for visitors to BACtrack.com

LAST UPDATED February 9, 2021

Table Of Contents:

1. Information We Collect
2. How We Use And Store Information
3. When We May Share Information
4. Exercising Your Choices or Rights
5. Changes To This Policy
6. Contact Us

1. Information We Collect

In the course of using our website, you may provide and we may collect certain personal information, including:

• Information you provide when making a purchase, registering your BACtrack products, registering for use of our developer tools, or contacting customer support, which may include your name, phone number, email address, postal addresses, credit card or other billing information and any feedback.
• Information you provide when interacting with our website, such as filling out surveys, forms or social media sharing, which may include email addresses, social media handles, product feedback or testimonials, and any associated interest-based activities.
• Information associated with your website visit such as your IP address, mobile device identifier, cookie identifier, browser or device heuristics such as operating system, and web pages visited.

BACtrack.com is not intended for use by minors under 16 and we do not knowingly collect personal information from persons under the age of 16.

2. How We Use And Store Information

We use information collected through our website for the following purposes:

• To fulfill your product or service purchases, which may include retaining your billing information for subscriptions or other purchases
• To respond to any customer support requests you may make
• To provide, administer and improve our website or support services
• To better understand your needs and interests
• To personalize your experience
• To provide product, service or other communications
• To provide you with further information and offers from BACtrack or complementary products or services
• To administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by BACtrack or our business partners
• To comply with our legal obligations, resolve disputes with users, enforce our agreements and protect, investigate and deter against fraudulent, harmful, unauthorized or illegal activity.

Additional information about cookies and related technologies

BACtrack and our service providers collect certain information about your visit to our website through a variety of technologies, including:

• Cookies, which are small text files that are saved by your browser when you access our Services. We and our service providers may use both cookies and pixel tags to identify that you’ve visited our website, remember your profile settings and report on your interactions. We may also use cookies to customize and improve our Services. Please see below for additional information on how cookies are used with advertising services and your choices.
• Pixel tags, (a.k.a. clear gifs or Web Beacons), which help us better manage content on our Site by informing us what content is effective. These pixel tags gifs (or other tracking technology) may also be included in or associated with e-mails or other communications that you receive from us in order to help us track your response and interests, and to deliver you relevant content and services. We may tie the information gathered by pixel tags, cookies, or other tracking technology to personal information that you have provided us.
• Our servers automatically record certain information about how you use our website. We use this information to administer the website and analyze this information to improve and enhance the Services by expanding the content, features, and functionality and tailoring them to our users’ needs and preferences.
• We may use third-party advertising services to either display advertising on our website or to manage our advertising on other sites. These services will also use cookies and pixel tags in order to provide you with relevant advertising based upon your interests on other websites. Below is a list of the types of cookies we utilize, and how you can opt-out of their use:
  • Functional cookies: These cookies help us maintain the website, and include service providers such as Google’s Tag Manager.
  • Measurement cookies: These cookies help us measure your activities and the performance of our website, including Google Analytics and PowerReviews. You may opt-out of Google Analytics by clicking here.
  • Advertising cookies: These cookies are set by third parties we advertise with to make our ads more relevant to you. These include social media services such as Facebook, and display advertising services such as Google. We endeavor to exclusively work with advertising companies that participate in the industry opt-out service provided by the Digital Advertising Alliance (DAA). If you would like to opt-out of these types of third party advertising cookies through the DAA, click here.

For website visitors from the UK or European Union, our legal basis for processing your personal data is:

• Consent for the use of cookies and to send you email marketing when you subscribe through our dedicated email subscription form.
• Performance as necessary to support a contract, including fulfilling product purchases, enabling the functionality of the website, providing customer support, and notifying you of account or important product updates.
• Our legitimate interest to process the data, including to protect the security or integrity of the website, to carry out statistical or other analysis, to understand and improve upon the Services, and to provide you with marketing or other communications about relevant products or services which may be of interest.
• In order to comply with a legal obligation.

Information Retention

We may store collected website information for as long as necessary to fulfill the purpose for which the data has been collected and in accordance with our internal record retention schedule. If you purchase BACtrack products or service subscriptions from our website, your billing and shipping address and the last four digits of your credit card information may be stored by BACtrack and our billing service providers. We will delete your personal information when the information is no longer necessary to process a request, at your request, or to manage your account or our client relationship. However, we may store any aggregate or anonymous information indefinitely.

International Transfer

BACtrack is based in the United States, where we and our service providers store the majority of our website and other collected information. If you are a visitor or customer from the UK or EU, please note that we use a variety of legal mechanisms to protect the integrity and security of your information when transferring it to the U.S., including requiring our data service providers to agree to Standard Contractual Clauses approved by the European Commission.

Information Security

The security of your information is important to us. We have implemented technical, administrative, and physical security measures designed to protect your personal information from unauthorized access, disclosure, use, and modification. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

3. When We May Share Information

We may share or transfer collected information for any of the previously described purposes in these instances;

• To organizations affiliated with KHN Solutions LLC
• To Shopify, who provides credit card processing and shopping cart services. Click here to review Shopify’s privacy policy.
• With service providers who assist us with website functionality, facilitate communications, enable customer support and other services connected to this website or our communications, but only to the extent necessary to support our products or provide these services.
• With advertising services as noted above in our cookie use statement.
• With your consent
• When required by law
• To a buyer or a potential future buyer of KHN Solutions or any BACtrack-related assets.

We may choose to aggregate or anonymize your information and share it with partners or others for market research or other business purposes.

This website may contain logos or links to other websites or services. The fact that we reference another website or service is not an endorsement, authorization or representation that we are affiliated with that third party. We do not exercise control over any of the information you provide or are collected by, these third-party websites or services. We encourage you to read the privacy policies or statements of the other websites you visit and services that you use.

4. Exercising Your Choices or Rights

Communications

If you are registered for a BACtrack.com account, you may change your phone number or email address, and update your preferences through your website account login. We also give you the ability to unsubscribe from marketing-related emails by clicking on a link in each email.

Cookies

As noted above, you may opt-out of third party advertising cookies at the DAA website here. Please note this does not opt you out of being served all advertising. You will continue to receive generic ads without interest-based information collected from this website.

Changing or Deleting Your Information

If you registered for a BACtrack.com account, you may review, update, correct or delete the information in your registration profile by logging into your account. Removing your information may limit our ability to communicate or provide the Services to you. You may also contact us at support@bactrack.com if you have additional questions or need additional assistance. We’ll take steps to modify or delete your information as soon as it is practical, but some information may remain in archived/backup copies for our records or as otherwise required by law.

For visitors from the UK or European Union, in addition to the references above, you may choose to exercise the following personal data rights:

• Request a copy of your personal data from our records;
• Ask that we correct or erase your personal data;
• Ask us to stop processing your personal data;
• Withdraw your consent to us processing your data for any purposes in which it was requested at any time.

We may not accept a request to modify or erase your personal data where we cannot verify your identity, where we require it to comply with a legal obligation or in relation to a legal claim. For information about how to exercise your rights, see Contact Us below.

For California Consumers, please see below for our California Consumer Disclosure.

5. Changes To This Policy

This Privacy Policy may be updated from time to time to reflect changes to our information practices. If we make any material changes we will notify you by email or other communication methods. All other updates will be made through this website by means of posting an updated version of this Privacy Policy on the Site. We encourage you to periodically review this page for the latest information on our privacy practices. Any modifications to this Privacy Policy will be effective upon the data indicted in our posting of the new terms. In all of the above cases, your continued use of the website after any notice or posted modified Privacy Policy indicates acceptance of the modified Privacy Policy.

6. Contact Us

For product or services-related privacy questions, please refer to our Privacy Policy For BACtrack Products and Services, or the extensive list of answers on our support website here. If you have additional questions with respect to customer-related data, you may reach us by email at support@bactrack.com. For all other privacy-related questions, please contact us at privacy@bactrack.com or by mail at:
KHN Solutions LLC,
300 Broadway, Suite 26
San Francisco, CA 94133
United States.

If you are a visitor from the UK or EU and wish to exercise your data subject rights, please contact us at DPO@BACtrack.com

Privacy Policy For BACtrack Products, Mobile Software & Services

LAST UPDATED February 9, 2021

This policy governs the connected hardware products, software, mobile applications and services (collectively “the Services”) manufactured or operated by KHN Solutions LLC, doing business as BACtrack. This includes the BACtrack breathalyzers and accessories, BACtrack and BACtrack View mobile applications, and BACtrack View subscription services.

Table Of Contents:

1. Information We Collect
2. How We Use And Store Information
3. When We May Share Information
4. Exercising Your Choices or Rights
5. Changes To This Policy
6. Contact Us

1. Information We Collect

In the course of using the Services, you may provide and we may collect certain personal information, including:

• Information you provide when you purchase any products or services, or register through our website or mobile application, which may include your name, phone number, email address, postal address, credit card or other billing information.
• Information to authenticate or otherwise verify your account, such as IP address, cookie or mobile device identifiers, account user-identifiers, and photographs.
• Images and videos associated with your use of the BACtrack View mobile application and subscription service.
• Information associated with the use of our BACtrack Breathalyzer products such as device status, and logs of Breathalyzer activity. Please note that the BACtrack application offers a ‘Store My Data’ setting that may be enabled or disabled for BACtrack to maintain the history of your Breathalyzer activity. This storage setting is not available for users of the BACtrack View subscription service.
• Names and email addresses associated with the invitees you request to engage with the BACtrack View subscription service, as well as the invitee’s use of the BACtrack View application. We may store this data along with your personal information and other information about your use of our Services. This information may be deleted at any time.
• Precise geo-location information when you use the BACtrack View mobile application based on consent you provide for such use through the mobile application operating settings or BACtrack View application settings.
• When you ask for assistance from our Customer Support team, we will collect and store the contact information you provide (generally your name and email address), information about your activity on the Service, and your user ID number. We will also store the correspondence and any information contained within.

BACtrack products are not authorized for use by minors under 18, and we do not knowingly collect personal information from persons under the age of 18.

2. How We Use And Store Information

We use information collected through the Services for the following purposes:

• To create and administer your user account
• To fulfill your orders, which may including retaining your billing information for subscriptions or other purchases
• To provide product, service or other communications, including by push notifications, SMS text messaging and email.
• To respond to any customer support requests you may make
• To provide, administer and improve our applications, content or support services
• To better understand your needs and interests
• To personalize your user experience and improve our products
• To conduct market research
• To provide you with further information and offers from BACtrack or complementary products or services
• To administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by BACtrack.
• To comply with our legal obligations, resolve disputes with users, enforce our agreements and to protect, investigate and deter against fraudulent, harmful, unauthorized or illegal activity.

Location, Device and Application Operation

We use collected information from our products to allow you (and us) to operate and monitor your devices and our Service. If you enable the geo-location setting, the application will request your consent in order to track your location in conjunction with your use of associated BACtrack devices. Location information will be stored alongside your account information and subject to our data retention policy.

For information about cookies and related web technologies, please refer to the relevant information in our website privacy policy.

For registered users from the UK or European Union/EEA, the legal basis for this data processing is:

• Performance as necessary to support a contract, including administering your account, enabling the functionality of the Services, providing customer support, tracking device operability, and notifying you of account or specific functions of the Service.
• Our legitimate interest to process the data, including to protect the security or integrity of the Services, to carry out statistical or other analysis about the Services, to understand and improve upon the Services, to send you marketing or other communications about relevant products or services which may be of interest, to measure the performance of our mobile application and communications efforts, and to conduct market research.
• If we are required to collect, store, use or otherwise share information in compliance with a legal obligation.

Information Retention

We may store collected information for as long as necessary to fulfill the purpose for which the data has been collected and in accordance with our internal record retention schedule. If you purchase BACtrack products or the Services, your billing and shipping address and the last four digits of your credit card information will be stored by BACtrack and our billing service providers.

Breathalyzer log activity is stored on your device application for the duration of your account being active, and on your BACtrack View invited guest applications for the duration of their accounts being active.

We may store any aggregate or anonymous information indefinitely.

International Transfer

BACtrack is based in the United States, where we and our service providers store the majority of our website and other collected information. If you are a visitor or customer from the UK or EU/EEA, please note that we use a variety of legal mechanisms to protect the integrity and security of your information when transferring to the U.S., including requiring our data service providers to agree to Standard Contractual Clauses approved by the European Commission.

Information Security

The security of your information is important to us. We have implemented technical, administrative, and physical security measures designed to protect your personal information from unauthorized access, disclosure, use, and modification. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

3. When We May Share Information

We may share or transfer collected information for any of the previously described purposes in these instances;

• To organizations affiliated with KHN Solutions LLC
• To facilitate invitations to guests you would like to associate with your use of the BACtrack View mobile application.
• If you have consented to the ‘Share Readings’ feature in the BACtrack app (not available in BACtrack View), then your BACtrack device readings may be publicly referenced online through the BACtrack ‘Worldview’ feature. You can turn this functionality on or off at any time by referring to the app Settings/Data Storage/Share Readings Anonymously function.
• With service providers who assist us with website functionality, facilitate communications, enable customer support and other services connected to this website or our communications, but only to the extent necessary to support our products or provide these services.
• With your consent.
• To a buyer or a potential future buyer of KHN Solutions or any BACtrack-related assets.

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.

We may choose to aggregate or anonymize your information and share it with partners or others for market research or other business purposes.

Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.

4. Exercising Your Choices or Rights

Communications

If you are a registered user, you may change your phone number or email address, and update your preferences within the mobile application in order to manage your product-specific communications. We also give you the ability to unsubscribe from marketing-related emails by clicking on a link in each email.

Mobile Data

If you access the Service through a mobile device and you do not want your mobile device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your mobile device. See your mobile device manufacturer’s instructions for further details.

Changing or Deleting Your Information

If you are a registered user, you may review, update, correct or delete the information in your registration profile by logging into your account through the BACtrack website or BACtrack app.

You may also cancel your account, but in order to complete a full deletion, you will need to contact us at support@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. We’ll take steps to modify or delete your information as soon as it is practical, but some information may remain in archived/backup copies for our records or as otherwise required by law.

BACtrack product owners are always responsible for the photos, videos and other personal information captured through their use of our mobile applications, and BACtrack provides no remediation for application users to delete test results, remove photos, videos or other personal information from our systems unless the registered account holder formally requests deletion through our customer support team.

If you are an invited BACtrack View mobile application guest and wish to exercise your data subject rights regarding the personal information managed by the person who invited you to share access to their BACtrack View application, then please contact that BACtrack View application user directly. BACtrack can only fulfill invited guest data subject requests when that user has registered directly with BACtrack, or where expressly authorized by the BACtrack product owners who made the invitation. We may not accept a request to modify or erase your personal information where we cannot verify your personal information, where we require it to comply with a legal obligation or in relation to a legal claim. For additional information about how to exercise your rights, please see the Contact Us reference below.

For visitors from the UK or European Union/EEA, your personal data rights are

• Request a copy of your personal information from our records;
• Ask that we correct or erase your personal data (though this may mean that we cannot process requests, or that your account expires);
• Ask us to stop processing your personal information (for example as regards the use of the data to improve our product), or restrict how we process it (for example if you deem the data to be incorrect);
• Request the personal data used to provide you with information you requested, or manage your account or our relationship in a machine-readable format, which you are entitled to transfer to another data controller; and
• Withdraw your consent to us processing your data for marketing purposes at any time.

5. Changes To This Policy

This Privacy Policy may be updated from time to time to reflect changes to our information practices. If we make any material changes we will notify you by email or other communication methods. All other updates will be made through this website by means of posting an updated version of this Privacy Policy on the Site. We encourage you to periodically review this page for the latest information on our privacy practices. Any modifications to this Privacy Policy will be effective upon the data indicted in our posting of the new terms. In all of the above cases, your continued use of the website after any notice or posted modified Privacy Policy indicates acceptance of the modified Privacy Policy.

6. Contact Us

For BACtrack View-related questions, please refer to the extensive list of answers on our support website here. If you have additional questions with respect to customer-related data, you may reach us by email at support@bactrack.com. For all other privacy-related questions or to exercise your rights, please contact us at privacy@bactrack.com or by mail at:
KHN Solutions LLC
300 Broadway, Suite 26
San Francisco, CA 94133
United States

If you are visitor from the UK or EU and wish to exercise your data subject rights, please contact us at DPO@bactrack.com.