Last modified: 2024-01-08

1. Introduction

Dusty Robotics, Inc. (“Dusty” or “we” or “us”) respects your privacy and are committed to protecting it through our compliance with this privacy notice.

This Privacy Notice (our “Privacy Notice”) describes the types of information we may collect, use, maintain, protect, disclose, or otherwise process about you when you access and use our software-as-a-service made available to you through an agreement between Dusty and a Dusty customer that authorizes you to access and use such services (the “Services” and such customer, the “Dusty Customer”), install and use our mobile applications that you download from an authorized distribution site, such as the Apple App Store® or the Google Play Store® (each, an “Application”), and our practices for collecting, using, maintaining, protecting, disclosing, or otherwise processing that information.

This policy applies to information we collect:

• on or through our Services and Applications;
• in email, text, and other electronic messages between you and Dusty related to the Application or Services through any medium; and
• when the Dusty Customer registers you to use the Services or Applications;

It does not apply to information collected by:

• us through any other means, including on any other website operated by Dusty or any third-party (including our affiliates and subsidiaries);
• us or any of our affiliates or subsidiaries related to your or any other individual’s employment or potential employment with us; or
• any third party, including through any application or content (including advertising) that may link to or be accessible from the Services or Applications.

Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services and/or Applications. By accessing or using our Services or Applications, you agree to this Privacy Notice. This Privacy Notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of our Services or Applications after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates.

2. Children Under the Age of 18

Our Services and Applications are not intended for children under 18 years of age. No one under age 18 may provide any information to, on, or through the Services or Applications. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information on our Services or Applications, or on or through any of their respective features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information directly from a child under 18, please contact us at info@dustyrobotics.com.

3. Information We Collect About You and How We Collect It

Throughout this Privacy Notice, the term “Personal Data” means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device. However, Personal Data does not include any deidentified or aggregated information.

Generally

We collect Personal Data from various sources, including:

• directly from you when you provide it to us;
• automatically as you navigate through or otherwise use the Services or Applications;
• information that we create about you as you use our Services or Applications; and
• From third parties, for example, our Dusty Customers.

Information You Provide to Us

We collect the following types of Personal Data directly from you when you access or use our Services and Applications: username and any other identifier by which you may be contacted online or offline. In addition, we also collect other types of information that you may provide when you fill out a form or through your correspondence with us.

The Personal Data we collect on or through our Services and Applications through:

• information that you provide by filling in forms on our Services and Applications. This includes information provided at the time of logging into our Services and Applications, or updating information that we may otherwise have about you when this ability is made available to you. We may also ask you for information when you report a problem with our Services and Applications;
• records and copies of your correspondence (including email addresses), if you contact us; and
• details of transactions you carry out through our Services and Applications.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Services and Applications, we may use automatic data collection technologies to collect certain Personal Data about your interaction with our Services and Applications, including information about your equipment, browsing actions, and patterns. This includes:

• details of your visits to, and use of, our Services and Applications. This includes: browsing history, search history, traffic data, location data, logs, referring/exit pages, date and time of your access or use of our Services and Applications, error information, clickstream data, other communication data, and the resources that you access, use, or otherwise interact with on or through the Services and Applications (including the filename and other metadata about the files you process through the Services and Applications, but not the content); and
• Information about your computing device and internet connection, i.e., your IP address, operating system, device make and model, and browser type.

The information we collect automatically may include Personal Data, or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Services and Applications and to deliver a better and more personalized service by enabling us to:

• estimate our audience size and usage patterns;
• store information about your preferences;
• record your activities on our Services and Applications for analytics, debugging, billing, and reporting purposes (including reporting to the Dusty Customer);
• customize our Services and Applications according to your individual interests; and
• recognize you when you return to our Services and Applications.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services or otherwise use our Applications. You can set your browser and/or mobile device to refuse all or some cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Services or Applications. Our Services and Applications may use both session cookies and persistent to provide you with a more personal and interactive experience on our Services and Applications:
• Session Cookies. Each time you login or otherwise access the Services or Applications, a session cookie containing an encrypted, unique identifier is placed on your device. These session cookies allow us to uniquely identify you when you use the Services and Applications and allow us to maintain your login session. Session cookies are required to use the Services and Applications and are removed when you logout or close your browser window to the Services or otherwise exit and shut down the Applications (note that these cookies may not be removed if you merely stop using the Applications on your mobile device without terminating the application).
• Persistent Cookies. Persistent cookies that may contain a unique identifier are placed on your device when you access the Services or Applications. These cookies are used to track aggregate and statistical information about user activity, maintain your preferences regarding the your use of the Services or Applications. The amount of time these cookies remain on your device may vary, depending on the cookie.

By continuing to allow certain cookies (see Choices About How We Use and Disclose Your Information), you hereby consent to our recording of use of the Services and Applications or other communications you may have with our Services and Applications.

• Web Beacons. Pages of our Services, screens of our Applications, and our e-mails related to your use of the Services or Applications may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Dusty, for example, to count users who have visited those pages or screens or opened an email and for other statistics related to the access and use of the Services and Applications (for example, recording the popularity of certain features and functionality and verifying system and server integrity).
• Interaction and Performance Monitoring Tools. Our Services and Applications may also use interaction and/or performance monitoring tools (sometimes call tracking scripts, analytics tools, session replay tools, or heatmap tools). These tools execute code in your web browser to help us collect data about your use of and interactions with the pages and content on our Services and Applications. This may include recording your mouse movements, keystrokes, navigation pathways, other actions that you take on or through our Services and Applications, and information automatically transmitted from your web browser or device to our Services or Applications, such as information about your operating system, computer hardware, and browser preferences. By using our Services and Applications, you hereby consent to our recording of your mouse movements, keystrokes, navigation pathways, other actions that you take or communications you may have with our Services and Applications and other use of such tools.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications and other functions on the Services or Applications are served by third-party content providers, analytics providers, social media companies, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services or Applications. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

Information We Collect from Third Parties

We may collect Personal Data from third parties, such as from the Dusty Customer. When we associate this information with other Personal Data about you, we consider this information to be Personal Data. This information includes: real name, username, current work postal address, work email address, work telephone number, employer name, access control/authorization information.

4. How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Data:

• to provide and personalize our Services and Applications, and their content to you;
• to support, develop, troubleshoot, and debug our Services and Applications, and other products and services;
• to create, maintain, customize, and secure your account with us (through the Dusty Customer);
• to process your requests and other transactions made available to you through the Services and Applications;
• to provide you with notices about your account;
• to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
• to help maintain the safety, security, and integrity of our Services and Applications, and our other products, services, databases and other technology assets, and business;
• for internal testing, research, analysis, and product development, including to develop and improve our Services and Applications, and to develop, improve, or demonstrate our other products and services;
• detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• debugging to identify and repair errors that impair existing intended functionality;
• to carry out our obligations and enforce our rights arising from any contracts entered into between the Dusty Customer and us, including for billing and collection;
• to enforce or apply our terms of use;
• to notify you about changes to our Services and Applications, or any products or services we offer or provide though them;
• to train and/or re-train our artificial intelligence and/or machine learning models that we may incorporate into our and the products and services;
• in any other way we may describe when you provide the information;
• to fulfill any other purpose for which you provide it; and
• for any other purpose with your consent.

5. Disclosure of Your Personal Data

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Notice. However, we may disclose aggregated information about our users, and information that does not reasonably identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this Privacy Notice:

• to our subsidiaries and affiliates;
• to contractors, service providers, and other third parties we use to support our business;
• to a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Dusty’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Dusty about the users of our Services and/or Applications is among the assets transferred;
• to fulfill the purpose for which you provide it. For example, if you give us an email address register someone for the Services or Applications, we will use that Personal Data to register them for an account and may contact them to let them know the account has been setup;
• for any other purpose disclosed by us when you provide the information; and
• with your consent.

We may also disclose your Personal Data:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our terms of use; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Dusty, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

6. Choices About How We Use and Disclose Your Information

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data we have collected about you. We have created mechanisms to provide you with control over your Personal Data:

• Tracking Technologies. We may use certain tracking technologies that may record your activities on our Services and other Applications and your other online activities, and such recordings may be disclosed and processed by third-parties who provide such technologies for our benefit. This helps us understand our users and the use of our Services and Applications. You may disable these technologies when you access our Services through a web browser through our cookie consent manager, which you may access by clicking the “Cookies” link on the bottom of any page of our Services and disabling our use of analytics cookies and similar technologies. You may also disable these technologies when you access our Applications through your mobile device by following the instructions for the operating system used on your mobile device. You may also set your browser or mobile device to refuse all or some browser cookies, or to alert you when cookies are being sent, however, if you disable or refuse cookies in this manner, please note that some parts of our Services may then be inaccessible or not function properly. If you do not disable these technologies, you explicitly consent to our use of your Personal Data and our recording of your activities on our Services and Applications in this way.

7. Accessing, Correcting, and Deleting Your Personal Data

You can review your Personal Data by logging into the Services or Applications and visiting your account profile page. You may correct some of your Personal Data, but in most cases you will have to contact the administrator at the Dusty Customer in order to have your information corrected.

You may also send us an email at info@dustyrobotics.com to request access to, correct or delete any Personal Data that we have collected about you. Most information can only be corrected upon consent from the administrator at the Dusty Customer. We cannot delete your Personal Data except by also deleting your user account, which we can only do on consent from the Dusty Customer. Also, we may not accommodate a request to change or delete your Personal Data if we believe the change or deletion would violate any law or legal requirement or cause the information to be incorrect.

8. Do Not Track Signals and Global Privacy Control Signals

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

9. Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services or Applications, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we have implemented measures to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Services or through our Applications. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures deployed on the Services or Applications.

10. Consent to Processing of Personal Data in the United States

In order to provide our Services, Applications, or other products and services to you, we may send and store your Personal Data outside of the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. Your Personal Data may be processed and stored in the United States and federal, state, and local governments, courts, or law enforcement or regulatory agencies in the United States may be able to obtain disclosure of your information through the laws of the United States. By using our Services or Applications, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data outside the country where you reside or are located, including in the United States.

Your Personal Data is transferred by Dusty to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. To ensure your Personal Data is treated in accordance with this Privacy Notice when we transfer it to a third party, Dusty uses Data Protection Agreements between Dusty and all other recipients of your Personal Data.

11. Changes to Our Privacy Notice

We may change this Privacy Notice at any time. It is our policy to post any changes we make to our Privacy Notice on this page with a notice that the Privacy Notice has been updated on the Services’ home page or the home screen of our Applications. If we make material changes to how we treat our users’ Personal Data, we will notify you through a notice on the Services’ home page or the home screen of our Applications. The date this Privacy Notice was last revised is identified at the top of the page. You are responsible for periodically visiting our Services or Applications and this Privacy Notice to check for any changes.

YOUR CONTINUED USE OF OUR SERVICES OR APPLICATIONS FOLLOWING THE POSTING OF CHANGES CONSTITUTES YOUR ACCEPTANCE TO SUCH CHANGES.

12. Contact Information

If you have any questions, concerns, complaints, or suggestions regarding our Privacy Notice or the ways in which we collect and use your Personal Data described in this Privacy Notice, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you may contact us at the contact information below or through the “Contact” page on our Services or Applications.

Dusty Robotics, Inc.

909 San Rafael Avenue

Mountain View, CA 94043

650-618-6285

info@dustyrobotics.com