Last updated on August 7, 2024
1. Consent
This page informs you of our policies regarding the collection, use and disclosure of personal information we receive from users of the Simtek website, Simtek hardware and Simtek software.
By using the Simtek website, Simtek hardware and Simtek software, you consent to the collection and use of information in accordance with this policy.
2. Scope
This Privacy Policy applies to personal information processed by Simtek in the course of our business, including Simtek websites, Simtek hardware and software products, any Simtek platform where users can download, interact with and submit content and obtain services related to or in connection with our products, our mobile applications, forums, social media accounts, blogs, games, content, Simtek online services and other online or offline offerings (together with any future online and offline offerings operated by or on behalf of Simtek, the "Services"). All individuals whose responsibilities include processing personal information on behalf of Simtek are expected to protect that information by adhering to this Privacy Policy.
3. Personal Information We Collect and How We Use It
The types of personal information we may collect (directly from you or from third parties) and our privacy practices depend on the nature of your relationship with Simtek and the requirements of applicable law. Some of the ways Simtek may collect personal information include:
You may provide personal information directly to Simtek by interacting with the Services, participating in surveys, attending events, and requesting services or information.
As you navigate the Services, certain passive information about your visit may also be collected, including through cookies and similar technologies as described below.
It is our goal to collect only the information that is relevant to the purpose of the processing. The following describes the ways in which we collect personal information and how we use it.
3.1 Types of Personal Information We Collect
Simtek collects Personal Information from its current, prospective and former customers, members, users, visitors and guests (collectively, “Individuals"). Information that you provide directly to us. When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with Simtek, purchasing Simtek products or services from us, or using our Services, we may ask you to provide some or all of the following types of information:
3.1.1 Installed Applications. The Simtek Software will scan your computer's hard drive to identify and compile a list of software to collect the list of installed Steam games. These installed Steam VR games will be listed on the Simtek Platform to make it easy for you to find and launch your games through the Simtek Platform.
3.1.2 Purchases. If you choose to purchase Simtek products or services from us, we may collect information from you, including personal information such as your name, email address, mailing address, phone number, payment information such as a credit card number and/or other related information that may be required from you to complete your purchase (such payment information, "Financial Information"). Unless we tell you otherwise at the time of your purchase or financing application, your Financial Information will be processed by our third party processors and we do not collect, store or maintain your Financial Information.
3.1.3 Public User Profiles. When you use Simtek Products or subscribe to Services, you may be given the opportunity to create a "User Profile," in which case we may ask you to provide information about yourself, such as your name, username, password, email address, weight, height, age, location, birthday, phone number, and picture or avatar. Once your User Profile is created, each time you log in and play, we will collect additional information and add it to your User Profile, such as total steps taken, miles walked, calories burned, length and frequency of play, game performance (including game scores and other statistics, leaderboard rankings, rewards status, and achievements earned), your friends and other users you've played with, saved game information, and other information related to your use of the Simtek Products and Services. You acknowledge that your User Profile information may be personal to you, and by creating an Account and providing such information through the use of our Services, you are allowing others, including Simtek, to identify you, and therefore you may not be anonymous. Information contained in your User Profile, including any achievements and gameplay statistics, may be displayed to other users. Simtek User Profiles are set to public by default, which means that other registered Simtek users will also be able to view your User Profile, including your achievement history (as described above), your Simtek username, your location, and other information, and these users will be able to contact you through the Services. You have the option to make certain information in your profile “private.
Voice, Likeness and Gameplay Footage. We may record your voice and gameplay footage when you use the Services. In addition, your image, likeness, and voice may be captured by video during your use of the Services at events, including marketing events or e-sports tournaments. We may also record and store member support and sales calls for the purpose of training support and sales representatives to resolve member issues, for quality purposes, and as required by law.
3.1.4 Other User Information. Simtek may also collect other information from you as a result of your use of the Services, such as error and crash logs, purchase history, and fitness and health-related information. We may associate this information with other personal information you have provided to us in order to improve and provide the Services and as otherwise described in this Privacy Policy.
3.1.5 Communications with Us. We may collect Personal Information from you, such as your email address, phone number or mailing address, when you request information about our Services, visit our retail showrooms or Simtek Arcade, register to receive Simtek communications via email or text message, participate in promotions or loyalty programs that we may offer from time to time, request member or technical support, or otherwise communicate with us.
3.1.6 Surveys and Reviews. From time to time, we (or third parties acting on our behalf) may contact you to participate in research, surveys or beta testing, or to provide reviews and testimonials. If you choose to participate, you may be asked to provide certain information, which may include personal information. Any information collected from your participation in our research, surveys, reviews or testimonials, or beta testing is provided by you voluntarily. We may use such information to improve our products, site and/or services and in any manner consistent with this Privacy Policy.
Posting on Simtek or Third Party Services. Simtek may offer publicly accessible blogs, social media sites, product review sites, private messaging, video chat or community forums. You should be aware that if you disclose any information about yourself on Simtek's blogs, social media sites, product review sites, private messaging, community forums and video chat sessions, Simtek will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content, including reviews, to a public area of the Services or to public sites operated by third parties, such content will be considered "public" and will not be subject to the privacy protections provided in this Privacy Policy.
Registration for Esports Contests. From time to time, Simtek may conduct Esports contests. We may ask those who participate in Esports contests to provide contact information (such as a phone number or e-mail address). If you enter a contest, your contact information may be used to contact you about the contest and, to the extent permitted by law, for other promotional, marketing and business purposes. In accordance with the laws of your jurisdiction, as an entrant, you may have the opportunity to opt out of all non-prize related communications.
3.1.7 Location Information. Based on your interaction with the Services, the type of device you use to access the Services, and your device's connectivity, we may collect location-based information, including your Internet Protocol (IP) address, GPS location, longitude/latitude, city, state, postal code, and region, as well as your location and your smart device's proximity to "beacons," Bluetooth networks, and/or other proximity systems. We may use this type of information to enhance your user experience (e.g., using location information to show the geographic distribution of Simtek customers), to better understand your interaction with our products and services, or to track your activities. Unless you provide us with your consent to do otherwise, this information will only be used by us and our third party service providers to provide you with the services you have requested or in an aggregated and anonymous format that does not identify you.
3.1.8 Automatic Data Collection. We may automatically collect certain information through our Services or through other web analytics methods, such as your IP address, cookie identifiers, mobile operator, mobile advertising identifier, MAC address, IMEI, advertiser ID and other device identifiers automatically assigned to your computer or device when you access the Internet, browser type and language, geolocation information, hardware type, operating system, Internet service provider, the pages you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and the pages you view within the Services, and other actions taken through the use of the Services, such as preferences.
3.1.9 Information Submitted through the Services. You agree that Simtek is free to use the contents of any communication you send through the Services, including any ideas, inventions, concepts, techniques or know-how disclosed as part of such content, for any purpose whatsoever including developing, manufacturing and/or marketing goods or services.
3.1.10 Information from Other Sources. We may receive information about you from other sources, including third party services and organizations, to supplement the information you provide. For example, if you access our Services through a third-party application, such as the Apple App Store or Google Play App Store (together with any similar applications, "App Stores") or social media sites such as Facebook, we may collect information about you from that third-party application that you have made public through your privacy settings. Information we collect through social media accounts may include your name, social media site user identification number, username, location, gender, date of birth, email, profile picture, and your social media contacts. This additional information allows us to verify the information you have provided to Simtek and improve our ability to provide you with information about our company, products and services.
3.2 How We Use Your Information
To provide requested products, services or information. Simtek may use information about you to fulfill requests for products, services or information, including information about potential or future services, including to:
Manage individual information and accounts generally;
Respond to questions, comments and other inquiries;
Provide access to certain areas, features and functions of Simtek's services;
Assist in monitoring your game performance, achievements, rewards, fitness and health-related statistics, and usage trends;
Personalize activity goals for you based on your preferences and historical activity data;
Communicate with you about logistical matters, including product deliveries and product service visits;
Provide services to you;
Verify and contact you to respond to requests for membership or technical support; and
Allow you to register for e-sports contests and other events.
Administrative purposes. Simtek may use personal information about you for its administrative purposes, including to:
Measure interest in Simtek's services;
Develop new products and services;
Ensure quality control;
Verify the identity of individuals;
Communicate about individual accounts and activities on Simtek's services and systems and, at Simtek's discretion, changes to Simtek's policies;
Send emails or text messages to the email address or phone number you provide to us for account verification and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;
Process payment(s) for purchased products or services;
Process requests and transactions;
Prevent potentially prohibited or illegal activities;
Maintain and administer our services; and
Enforce our terms and conditions.
Marketing Simtek products and services. Simtek may use personal information to provide you with materials about offers, products and services that may be of interest to you, including new content or services. Simtek may provide these materials to you by telephone, mail, text or email, as permitted by applicable law. Such uses include:
To customize content, promotions and offers;
To inform you about offers, products and services that may be of interest to you or in which you have previously expressed an interest;
To provide services to you;
For other purposes disclosed at the time individuals provide personal information; or otherwise with your consent.
Simtek may also use your gameplay footage, including your gameplay recordings, voice recordings, visual images, and likeness ("Gameplay Footage") for marketing purposes. You grant us permission to use the Gameplay Footage, and such permission extends in perpetuity. For valuable consideration, the receipt of which is hereby acknowledged, you hereby grant to us all ownership rights and the absolute and irrevocable right and license to copyright, use and publish your Gameplay Footage obtained pursuant to this paragraph. The Gameplay Footage may be copyrighted, used and/or published individually or in conjunction with other photographic or video works and in any medium and for any lawful purpose, including, without limitation, trade, exhibition, illustration, promotion, publicity, advertising and electronic publication. You may contact us at any time to opt-out of our use of your personal information for marketing purposes.
Research and Development. Simtek may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information from other sources to help us improve our existing products and services or develop new products and services. From time to time, Simtek may conduct research (online and offline) through surveys. We may use third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected is used for research and reporting purposes to help us better serve individuals by learning more about their needs and the quality of our products and services. Survey responses may be used to determine the effectiveness of our services, various types of communications, advertising campaigns and/or promotional activities. If an individual participates in a survey, the information provided will be used with the information provided by other survey participants. We may share anonymous individual and aggregate data for research and analysis purposes.
Direct Mail, Email and Outbound Telemarketing. Individuals who provide personal information to us or whose personal information we receive from third parties may, as permitted by law, receive periodic emails, newsletters, mailings, text messages or phone calls from us with information about Simtek's or our business partners' products and services or upcoming special offers/events that we think may be of interest to them. We provide an opportunity to opt out of these communications at no cost to the individual by following the instructions in Section 5 below.
Services via Apps and Other Devices. From time to time, Simtek may offer services that are specifically designed to be compatible with and used on third-party devices, such as mobile phones, smart TVs, and tablets. Simtek will collect certain information that your device sends when you use such services, such as a device identifier, user settings, location information, carrier, and your device's operating system. These versions of Simtek's services may require users to log in with an account. In such cases, information about use of these versions of the Services may be associated with accounts. In addition, Simtek may allow you to download an application, widget or other tool that can be used on mobile, tablet or other devices. Some of these tools may store information on your devices. These tools may transmit personal information to Simtek to enable you to access accounts and to enable Simtek to track the use of these tools. Some of these tools may allow users to export reports and other information from the tool. Simtek may use personal or non-identifiable information submitted to Simtek to improve these tools, to develop new tools, to improve quality, and as otherwise described in this Privacy Policy or in other notices provided by Simtek.
Use of Anonymous and Aggregated Information. Simtek may use Personal Information and other information about you to create anonymous and aggregated information, such as de-identified demographic information, de-identified location information, performance and usage information, information about the computer or device from which you access Simtek's Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including measuring visitor interest in and use of various portions or features of the Services. Anonymized or aggregated information is not personal information, and Simtek may use such information in a variety of ways, including research, internal analysis, analysis, and any other lawful purpose. We may share this information within Simtek and with third parties for our purposes or their purposes in an anonymized or aggregated form that does not allow anyone to identify you.
Sharing Content with Friends or Colleagues. Simtek's Services may provide various tools and features. For example, Simtek may allow you to provide information about your friends through our referral services, such as "Refer a Friend. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses you provide for a friend or colleague will be used to send your friend or colleague the content or link you requested, but will not be used by Simtek for any other purpose.
Other Uses. Simtek may use personal information for legitimate purposes, such as fraud protection or compliance with legal obligations, or for other purposes disclosed to you at the time you provide personal information or with your consent.
3.3 Cookies and Similar Tracking Technologies
We, as well as third parties who provide content, advertising or other features on our Services, may use cookies, pixel tags, local storage and other technologies, including but not limited to the technologies listed below ("Technologies"), to automatically collect information through the Services. We use Technologies, which are essentially small data files placed on your computer, tablet, mobile phone or other device, to record certain information when you visit or interact with our website, services, applications, messages and tools, and to recognize you across devices.
Cookies. Cookies are small text files that are placed in a visitor's computer browser to store preferences. Most browsers allow you to block and delete cookies. However, if you do so, the Site may not function properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Site that collects information about user engagement with the Site. For example, the use of a pixel allows us to determine that a user has visited a particular web page or clicked on a particular advertisement.
Social Media Widgets. The Site includes social media features such as links to Facebook, Instagram, Twitter, YouTube and LinkedIn (which may include widgets such as the "Share This" button or other interactive mini-programs). These features may collect your IP address, the page you are visiting on the Site, and may set a cookie in order for the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing the feature.
Our use of such technologies falls into the following general categories
Operationally Necessary. We may use technologies that are necessary for the operation of our Site, Services, applications and tools. This may include technologies that enable you to access our Site, Services, Applications and Tools; technologies that are necessary to identify irregular Site behavior, prevent fraudulent activity, and enhance security; or technologies that enable you to use features such as shopping carts, saved searches, or similar features.
Operationally Necessary. We may use Technologies that are necessary to the operation of our Site, Services, applications, and tools. This includes Technologies that allow you access to our Site, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions.
Performance Related. We may use technologies to evaluate the performance of our website, applications, services and tools, including as part of our analytics practices, to understand how our visitors use our website, to determine whether you have interacted with our communications, to determine whether you have viewed an item or link, or to improve our website content, applications, services or tools.
Functionality Related. We may use technologies that allow us to provide you with enhanced functionality when you access or use our sites, services, applications or tools. This may include identifying you when you log in to our sites or tracking your stated preferences, interests, or previously viewed items so that we can improve the presentation of content on our sites;
Advertising or targeting. We may use first-party or third-party cookies and web beacons to deliver content, including advertisements, relevant to your interests on our sites or on third-party sites. This includes using technology to understand the usefulness to you of the ads and content delivered to you, such as whether you clicked on an ad.
Advertising or Targeting Related. We may use first-party or third party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
If you would like to opt out of the technologies we use on our sites, services, applications or tools, you can do so by blocking, deleting or disabling them as your browser or device allows. See Section 5 for additional opt-out options. Please note that blocking, deleting or disabling these technologies will affect the functionality of our sites, services, applications and tools and may prevent you from accessing certain features.
3.4 Third-party Websites and Software Development Kits
The Services may contain links to other websites and other websites may reference or link to the Simtek Site or other Services. These other domains and websites are not controlled by us, and Simtek does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk.
Simtek’s Services may include publicly accessible blogs, community forums, message boards, private messaging or video chat features. The Services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, video chat session, social media platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a third party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
We may use third party software development kits (“SDKs”) as part of the functionality of our Services, and Simtek products may contain wireless data transfer capabilities such as near field communication (or NFC) to facilitate pairing to devices using these SDKs and other wearable devices. We may also enable you to link your Simtek account to certain health-related applications. If you choose to link your Simtek account with such applications, you decide to share the health information we collect about you while you use the Services, including but not limited to your calories, walking and running distances, and time spent playing. Your interactions with SDKs or other health applications are governed by the privacy policy of the company providing the service.
3.5 Third Party Payment Processing
When you make purchases through the Services, we process your payments through a third-party application, such as an app store, or, in the case of online or in-person purchases, through a third-party payment processor. In these cases, the third party application may collect certain financial information from you in order to process a payment on behalf of Simtek, including your name, email address, address and other billing information, in which case the use and storage of your financial information will be governed by the terms and conditions and privacy policies of the third party application. If you apply for or otherwise participate in a funding offer through one of our funding partners, you will be asked to provide information (which may include Financial Information) to that funding partner, either directly or through the Services. The funding partner's use of that information will be subject to the funding partner's terms and conditions and privacy policy. Our treatment of any Financial Information that we process on your behalf or that we receive from our funding partners or payment processors is subject to this Privacy Policy. For more information about our use of third party payment processors and funding partners, including the name(s) of the companies we work with, please email us.
4. With Whom We Share Your Personal Information
4.1 Information We Share
We may share your information as described in this Privacy Policy (e.g., with our third party service providers; to comply with legal obligations; to improve the Services; to protect and defend our rights and property) or with your permission.
We use vendors and service providers. We may share any information we receive with vendors and service providers. The types of service providers with whom we share personal information include service providers for:
Provide IT, analytics and related services;
Providing information and services you have requested;
Payment processing;
Customer service activities such as delivery and member support; and
in connection with the provision of the Services. It is Simtek's policy to enter into appropriate contracts with service providers that prohibit them from using or disclosing personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements and this Privacy Policy.
Content Developers. We make certain information about your user profile available to our content development partners through an API. At a minimum, your username is accessible in this manner. Depending on the services implemented in the game, it may also include leaderboard information, your rewards progress, saved game information, achievements you have completed, your multiplayer game matchmaking information, your location, your friends list, your date of birth, in-game items, and other information necessary to operate and support the game.
Business Partners. Simtek may share Personal Information with our business partners and affiliates for our and our partners' internal business purposes or to provide you with a product or service you have requested. Simtek may also share Personal Information with business partners with whom we may jointly offer products or services or whose products or services we believe may be of interest to you. Your Personal Information will be used in accordance with this Privacy Policy and only to the extent necessary to provide such third party products or services, including, but not limited to, marketing contests and events or other events or promotions organized by third parties.
Display to Other Users. Content that you post on the Services may be displayed on the Services. Other users of the Services may be able to see some information about you, such as your user profile information or your name if you submit a review or testimonial on our site. We are not responsible for the privacy practices of other users who view and use information you submit.
Interest-based Advertising and Third-party Marketing. Simtek may allow third-party advertising partners to use tracking tools (e.g., cookies) to collect information about your activities on our sites (e.g., your IP address, page(s) visited, time of day). We may also share this de-identified information, as well as selected personal information (such as demographic information and past purchase history) that we have collected, with third-party advertising partners. These advertising partners may use this information (and similar information collected from other companies) to deliver targeted advertisements to you when you visit websites within their networks. This practice is commonly referred to as "interest-based advertising" or "online behavioral advertising. We may provide access to other data collected by the Site to facilitate the delivery of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we not share your personal information with third party advertising partners, you may opt out of such sharing at no cost to you by following the instructions in Section 5 below.
Disclosures to protect us or others (e.g., as required by law and similar disclosures). We may access, preserve and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate:
To comply with law enforcement or national security requests and legal process, such as, a court order or subpoena;
To respond to your requests;
To protect yours, ours or others’ rights, property or safety;
To enforce Simtek policies or contracts;
To collect amounts owed to Simtek;
To comply with records retention policies;
When we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or
If we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of the unauthorized activities.
Investors and Potential Buyers (and their agents and advisors). We may share your personal information with our investors and actual or potential buyers (and their agents and advisors) in connection with any actual or proposed purchase, merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, provided that we inform the buyer or transferee that it must use your personal information only for the purposes disclosed in this Privacy Policy.
Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, Virtuix will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.
4.2 International Data Transfers
You agree that any Personal Information collected by or through Simtek may be transferred, processed and stored anywhere in the world, including but not limited to the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates, or on the servers of our service providers. Your personal information may be accessible to law enforcement or other authorities as described above.
5. Opting Out
5.1 General
You have the right to object to and opt out of certain uses and disclosures of your Personal Information. If you have consented to Simtek's processing of your Personal Information or Sensitive Personal Information, you may withdraw your consent at any time and opt out of further processing by submitting a request to us.
Please note that even if you opt out, we may still collect and use non-personal information about your activities on our Service and/or information from advertisements on third-party websites for non-interest based advertising purposes, such as determining the effectiveness of advertisements.
5.2 Email, Text and Telephone Communications
You may unsubscribe from email communications at any time. To stop receiving our promotional e-mails, follow the unsubscribe instructions in the e-mail messages you receive from us or contact us as described in Section 11. We will process your request within a reasonable time after receiving it, in accordance with applicable law. Please note that you will continue to receive transactional emails regarding products or services that you have requested. We may also send you certain non-promotional communications about Simtek and our services and, to the extent permitted by law, you will not be able to opt-out of these communications (e.g., communications regarding updates to our Terms and Conditions or this Privacy Policy).
5.3 Mobile Devices
Simtek may occasionally send you push notifications through our applications with updates, achievements and other communications that may be of interest to you. You may opt out of receiving these types of communications at any time by changing the settings on your device. Simtek may also collect location-based information when you use our applications. You can opt out of this collection by changing the settings on your device.
5.4 Do Not Track
Do Not Track ("DNT") is a privacy setting that users can set in certain web browsers. DNT is a way for users to tell websites and services that they do not want certain information about their website visits to be collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms sent by web browsers.
5.5 Cookies and Interest Based Advertising
As noted above, you can stop or limit the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, many mobile devices allow application users to opt out of certain mobile advertising through their device settings.
To be clear, whether you use our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to opt out of. For example, if you opt out on your computer browser, that opt-out will not be effective on your mobile device. You must opt out separately for each device. Advertisements on third-party websites that contain the AdChoices link and link to this Privacy Policy may have been delivered to you based on anonymous, non-personal information collected by our advertising partners over time and across different websites. These ads provide a mechanism for you to opt out of the use of this information by our advertising partners for interest-based advertising purposes.
6. Rights of Access, Rectification, Erasure and Restriction
You have the right of access to your personal information that we hold about you, i.e. the right to request information as to whether your personal information is held, access to and/or duplicates of the personal information held. To make a request for access to your personal information or for any other privacy related questions, please contact us.
Although Simtek will make a good faith effort to provide individuals with access to their Personal Information, there may be circumstances in which Simtek is unable to provide access, including but not limited to: where the information contains legal privileges, would compromise the privacy or other legitimate rights of others, where the burden or expense of providing access would be disproportionate to the risks to the individual's privacy in the particular case, where the request is frivolous or extremely impractical, where it is not required by law, or where it is commercially proprietary. To protect your privacy, Simtek will take commercially reasonable steps to verify your identity before granting access to or making changes to your Personal Information.
When we process your Personal Information, we will take reasonable steps to ensure that your Personal Information is accurate and current for the purposes for which it was collected. If your Personal Information is inaccurate or incomplete, you may change the information you have provided by logging into your user account.
You have the right to request that your Personal Information be deleted if the reason for which we collected it no longer exists or if there is another legal reason for its deletion. For individual items of Personal Information, please edit them through your user account or request deletion by email.
In certain circumstances, you have the right to restrict the processing of your personal information. These circumstances are as follows: you dispute the accuracy of the Personal Information; the processing is unlawful but you object to deletion; we no longer need the Personal Information for the purposes of our processing, but you need the Personal Information for the establishment, exercise or defense of legal claims; and you have objected to the processing pending review of that objection. Where processing has been restricted on this basis, we may continue to store your personal information. However, we will only process it otherwise: with your consent; for the establishment, exercise or defense of legal claims; to protect the rights of another natural or legal person; or for reasons of important public interest.
7. Data Retention
Simtek will retain the personal information we receive as described in this Privacy Policy for as long as you use our services or as necessary to fulfill the purpose(s) for which it was collected, provide our services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. When we no longer need to retain your personal information as described above, we will destroy, delete or de-identify it in accordance with our data retention policy and applicable law. However, legal requirements may require us to retain some or all of your personal information for a longer period of time than we would otherwise retain it.
8. Security of Your Information
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the Personal Information) designed to protect against unauthorized use, disclosure or access to Personal Information. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We assume no liability for inadvertent disclosure.
By using the Services or providing us with personal information, you agree that we may communicate with you electronically regarding security, privacy and administrative issues related to your use of the Services. If we become aware of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending you an email. You may have a legal right to receive this notice in writing.
9. Non-U.S. Users
By using the Services, you consent to Simtek transferring your data to a server in the United States. By choosing to visit the Site, use the Services, or otherwise provide information to us, you agree that any dispute over privacy or the terms of this Privacy Policy shall be governed by the laws of the State of Texas, to the extent permitted by law, without regard to conflicts of law principles. Any disputes arising in connection with this Privacy Policy will be resolved in accordance with the dispute resolution provisions in the Terms.
If you are from the European Union or other regions with data collection and use laws, please note that you are consenting to the transfer of your information to the United States and the processing of your data worldwide. By providing your personal information, you consent to such transfer and processing in accordance with this Privacy Policy.
10. Children's Privacy Policy
Our Services are not intended for children under the age of 13. Individuals under the age of 13 are prohibited from using our Services. It is our policy not to knowingly collect personal information from children under the age of 13. Should you become aware that your child has provided us with personal information without your consent, we would be grateful if you could notify us.
11. Redress/Compliance and Accountability
Should you have any queries regarding our privacy practices, this Privacy Policy, or how to file a complaint with the relevant authority, please do not hesitate to contact us.
12. Changes to Our Privacy Policy and Practices
Please note that this Privacy Policy may be subject to change at any time. By using our services after the updated privacy policy has been posted on our website, you are indicating your acceptance of the revised policy. Should you disagree with any part of the Privacy Policy, you are required to immediately cease using the Services.
Please be advised that revisions to the Privacy Policy may be made from time to time. We reserve the right to amend this Privacy Policy at any time and without prior notice. We therefore recommend that you review it regularly. Your continued use of the Site and the Services following any such changes will be deemed to be acceptance of those changes.
Please be advised that the revised Privacy Policy is now available for your review. Should there be any material changes to this Privacy Policy, Simtek will notify you via email or in accordance with applicable legislation. Any changes to the Privacy Policy will be posted on this page, and the revised version will be effective immediately upon posting (or notice, if applicable). If you have any concerns about how your information is being used, we recommend that you periodically review this Privacy Policy.
Please be advised that we may use your personal information for new purposes. In certain circumstances, we may use your personal information for a purpose that was not originally authorized by you. Should we proceed with this course of action, we will make every effort to inform you of the new purpose and, where feasible, provide you with the option to opt out. In cases where consent to the processing of personal information is required by law or contract, Simtek will make every effort to comply with the relevant legislation or contractual obligations.
13. Definitions
The following capitalized terms shall have the meanings set forth below.
"Agent" refers to any third party that processes personal data on behalf of Simtek or to whom Simtek discloses personal data for use on its behalf.
"Personal Information" refers to any information that relates to an identified or identifiable individual.
“Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
“Process” or "Processing" or "Processed" means any operation performed on personal information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Sensitive Data” or “Sensitive Personal Information” refers to a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections, such as certain financial or medical information, and Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, such as:
Race or ethnic origin;
Political opinions;
Religious or philosophical beliefs;
Trade union membership;
Genetic data;
Biometric data where Processed to uniquely identify a person;
Health information;
Sexual orientation or information about the Individual’s sex life; or
Information relating to the commission of a criminal offense.
"Third Party" refers to any company, individual, authority, agency, or entity other than the individual, Simtek, or Simtek's agents.