Metalmark Privacy Policy

Metalmark Innovations, PBC, a Delaware corporation (“Metalmark”, “we”, “our”, or “us”), respects your privacy and is strongly committed to keeping secure any information we obtain from you or about you. This Privacy Policy describes our practices with respect to Personal Information we collect from or about you when you use our website, mobile applications, and services, including any and all services (“Services”) offered or provided by Metalmark from the Metalmark website at https://metalmark.xyz/ (“Website”) or the Metalmark Application (as defined in our Mobile App Terms of Use Agreement). Our Services including, without limitation, providing access to data or information regarding indoor environmental quality and device health with respect to the Tatama™ air cleaning device and any sensor modules that you have purchased or that you are using (“Metalmark Devices”), such as, e.g., indoor environmental quality level measurement information, (collectively “Monitoring Services”), and any other services (collectively, “Metalmark Services”). You agree to these practices and authorize and permit us to engage in the practices and uses, and make the disclosures, each as set forth below with respect to information and other content relating to you.

1. Personal Information We Collect

We collect personal information relating to you (“Personal Information”) as follows:

Personal Information You Provide: We collect Personal Information as follows if you create an account to use our Metalmark Services, or communicate with us:

Personal Information We Receive Automatically from Your Use of the Metalmark Services: When you visit, use, or interact with the Metalmark Services, we receive the following information about your visit, use, or interactions (“Technical Information”):

2. How we use Personal Information

We may use Personal Information for the following purposes:

We may aggregate or de-identify Personal Information so that it may no longer be used to identify you and use such information to analyze the effectiveness of our Metalmark Services, to improve and add features or new services to our Metalmark Services, to train our artificial intelligence models, to conduct research, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Metalmark Services or uses of our Metalmark Services or the Metalmark Devices and share aggregated information like general user or use or air quality improvements or Metalmark performance statistics with third parties, publish such aggregated information, or make such aggregated information generally available. We may collect aggregated information through the Metalmark Services, through cookies, and through other means described in this Privacy Policy.
As noted above, we may use User Content you provide to us and data and information generated from our Monitoring Services, including environmental information collected by the Tatama™ air cleaning device and any sensor modules, and any Technical Information to improve our Metalmark Services, for example to develop or train the artificial intelligence models that power our Metalmark Services, including our Monitoring Services.
For purposes of this Privacy Policy, “Output” means all textual or data output provided to you by our Services, including our Monitoring Services, and includes any output based on any information you provide.

3. Disclosure of Personal Information

In certain circumstances, we may provide your Personal Information to third parties without further notice to you, unless required by applicable law:

4. Your rights

Depending on location, individuals may have certain statutory rights in relation to their Personal Information. For example, you may have the right to:

You can exercise some of these rights through your Metalmark account. If you are unable to exercise your rights through your account, please submit your request to our customer service at support@metalmark.xyz.

5. Additional U.S. state disclosures

The following table provides additional information about the categories of Personal Information we collect and how we disclose that information.

Category of Personal Information Disclosure of Personal Information
Identifiers, such as your name, contact details, IP address, and other device identifiers We may disclose this information to our affiliates, vendors, and service providers to process in accordance with our instructions; to law enforcement and other third parties for the legal reasons described above; to parties involved in Transactions; to corporate administrators of enterprise or team accounts; and to other users and third parties you choose to share it with.
Commercial Information, such as your transaction history We may disclose this information to our affiliates, vendors, and service providers to process in accordance with our instructions; to law enforcement and other third parties for the legal reasons described above; to parties involved in Transactions; and to corporate administrators of enterprise or team accounts.
Network Activity Information, such as User Content, data collected and transmitted by a Metalmark Device, and how you interact with our Metalmark Services We may disclose this information to our affiliates, vendors and service providers to process in accordance with our instructions; to law enforcement and other third parties for the legal reasons described above; to parties involved in Transactions; and to other users and third parties you choose to share it with.
Geolocation Data We may disclose this information to our affiliates, vendors and service providers to process in accordance with our instructions; to law enforcement and other third parties for the legal reasons described above; and to parties involved in Transactions.
Your account login credentials (Sensitive Personal Information) We disclose this information to our affiliates, vendors and service providers, law enforcement, and parties involved in Transactions.

You can read more about the Personal Information we collect in “Personal information we collect” above, how we use Personal Information in “How we use personal information” above, and how we retain Personal Information in “Security and Retention” below.

To the extent provided for by local law and subject to applicable exceptions, individuals may have the following privacy rights in relation to their Personal Information:

We do not “sell” Personal Information or “share” Personal Information for cross-contextual behavioral advertising (as those terms are defined under applicable local law). We also do not process sensitive Personal Information for the purposes of inferring characteristics about a consumer.

6. Children

Our Metalmark Services are not directed to children under the age of 18. Metalmark does not knowingly collect Personal Information from children under the age of 18. If you have reason to believe that a child under the age of 18 has provided Personal Information to Metalmark through the Metalmark Services, please email us at our customer service at support@metalmark.xyz. We will investigate any notification and if appropriate, delete the Personal Information from our systems. If you are 13 or older, but under 18, you may to use our Metalmark Services. California residents under 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see California Privacy Rights above for more information.

7. Links to other websites

The Metalmark Services may contain links to other websites not operated or controlled by Metalmark, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

8. Security and Retention

We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Metalmark Services or email. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Metalmark Services, or third-party websites.
We will retain your Personal Information for only as long as we need in order to provide our Metalmark Services to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations. How long we retain Personal Information will depend on a number of factors, such as the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, our purpose for processing the information, and any legal requirements.

9. International users

By using our Metalmark Services, you understand and acknowledge that your Personal Information will be processed and stored in our facilities and servers in the United States and may be disclosed to our service providers and affiliates in other jurisdictions.

Legal Basis for Processing. Our legal bases for processing your Personal Information include:

Data Transfers. Where required, we will use appropriate safeguards for transferring Personal Information outside of certain countries. We will only transfer Personal Information pursuant to a legally valid transfer mechanism.

Data Protection Officer. You can contact our data protection officer at support@metalmark.xyz in matters related to Personal Information processing.

10. Changes to the privacy policy

Metalmark may amend this Privacy Policy from time to time upon notice to you by email sent to the email address on file with Metalmark, and by your continued use of the Services following such notice you agree to be bound by such amendments. All such amendments are effective immediately upon notice thereof. You may not amend or revise this Privacy Policy but no modification of this Privacy Policy by you is binding on Metalmark.

11. How to contact us

Please contact us at support@metalmark.xyz if you have any questions or concerns not already addressed in this Privacy Policy.