We take your privacy very seriously and this Privacy Notice explains how Nothing Technology Limited or its affiliated companies (collectively, "we", "us", or "our") collect, use, share and process your Personal Data when you are using the Nothing X app and relevant products and services. We are the “data controller” in respect of processing your Personal Data. 

If you have any questions about this Privacy Notice, please contact us via contact details provided at the end of this Privacy Notice.

1. What is Personal Data?

Personal Data is information that can be used to directly or indirectly identify you. Personal Data does not include data that has been irreversibly anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you.

2. How and when we collect Personal Data about you

We collect and process Personal Data when you:

• set up the Nothing X app 
• connect your Nothing X headphone with the Nothing X app;
• download a software update;
• contact our customer service or request information from us in any other way;
• participate in our improvement program and hearing test.  

3. What Personal Data we collect

 Data you directly provide to us:

During your use of Nothing X app, we may collect and process the following Personal Data about you which you provide: 

• basic information (such as your region and language);
• account information (such as password, email address, your Nothing account status, devices registered and other authentication information);

Information we collect automatically through technology– including cookies and similar technologies

We may also collect information from you automatically, for example using cookies and other similar technologies to enhance our ability to serve you. A cookie is a small file of letters and numbers that we may set on your device. Cookies generally only work with web browsers, but there are similar technologies that are used with apps.

This type of information may include the following: 

• type of device you use, your device's unique identifier, serial number or device ID;
• the IP address of your device, your operating system and browser type;
• usage information, product interaction, performance and diagnostic information, crash data, and location information from the devices which you have purchased or on which you install or access our products or services; 
• information about your use of our offerings, for example to distinguish you from other users of our app, to remember your preferences to help us to provide you with a good experience when you use our offerings and also information that allows us to improve them; 
• where available, our products and services may use GPS, your IP address, and other technologies to determine a device's approximate location to allow us to improve our products and services; and
• Headphone indentificator.

Information we collect from third parties

If you log onto our Nothing X app by using your Google or Apple account, we may receive information about you from these third-parties, such as your username, email address, and profile photo. We are not responsible for the content or practices of third-parties. We urge you to read the privacy policies of any third-party websites, applications or social media platforms you choose to use.

4. How we use your Personal Data

We may process your Personal Data for the following purposes:

• to provide, improve, and develop our products and services;
• to authenticate your access to our app, products and services and to distinguish you from other users (for example to remember your log-in details);
• to monitor your use of our app, products and services to improve the user experience and to ensure that content is presented in the most effective manner for you and for your device;
• to provide customer support and ensure we provide a good level of customer service;
• to personalize your services and communications where such options are available and you choose to use them;
• to ensure that our website, app, products and services are safe and secure; and
• to comply with applicable laws and regulations.

If you no longer wish to receive email communications for marketing purposes, please contact us to opt-out or click the unsubscribe link within the email.

5. Legal basis for processing your Personal Data

We will only process your Personal Data where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use your Personal Data. In almost every case the legal basis will be one of the following:

• Consent: For example, where you have provided your consent to receive certain marketing from us. You can withdraw your consent at any time, including by clicking on the “unsubscribe” link at the bottom of any marketing email we send you.
• Our legitimate business interests: Where it is necessary for us to understand our customers, promote our services and operate effectively provided in each case that this is done in a legitimate way which does not unduly affect your privacy and other rights. For example, we will rely on this legal basis when we conduct certain market analysis to understand our customers in sufficient detail so we can create new services and improve the profile of our brand.
• Performance of a contract with you (or in order to take steps prior to entering into a contract with you): For example, where you have purchased a product from us and we need to use your contact details and payment information in order to process your order and send the product to you.
• Compliance with law: Where we are subject to a legal obligation and need to use your Personal Data in order to comply with that obligation.

6. Disclosure of Personal Data

When you choose to participate in the hearing test within the Nothing X app, we make certain Personal Data available to our third-party partner Mimi Hearing Technologies GmbH (“Mimi”) to provide you with personalized sound function.

The information that we shared with Mimi mainly includes: 

• your device information used for the generation of testing results and sound calibration results (such as timestamp, IP address, headphone identificator, backend logs, and usage information when conducting the test); and 

In addition to the information we shared with Mimi, when conducting the hearing test, you may receive content provided by Mimi and Mimi will collect your interactions and behaviors to get the best user experience. You may choose whether to access links, content, products and services provided by Mimi, and we have no control over the privacy and data protection policies of Mimi. Please refer to the privacy policies of Mimi (https://mimi.io/privacy) before submitting Personal Data to it.

7. Data storage and transfer

The Personal Data that we collect may be transferred to, and stored at, a destination outside the EEA or the UK, including countries, which have less strict, or no data protection laws, when compared to those in the EEA or the UK. Whenever we transfer your Personal Data in this way, we will take steps which are reasonably necessary to ensure that adequate safeguards are in place to protect your Personal Data and to make sure it is treated securely and in accordance with this privacy notice. In these cases, we rely on approved data transfer mechanisms (such as standard contractual clauses) to ensure your information is subject to adequate safeguards in the recipient country. If you are located in the UK or the EEA, you may contact us for a copy of the safeguards which we have put in place to protect your Personal Data and privacy rights in these circumstances.

8. Your rights

You have certain rights in relation to your Personal Data. These include: the right to object to the processing of your information for certain purposes, the right to access your Personal Data, and the ability to erase, restrict or receive a machine-readable copy of your Personal Data.

We will handle any request to exercise your rights in accordance with applicable law and any relevant legal exemptions. If you wish to exercise any of these rights please contact us using the contact details below.

You may also lodge a complaint with the UK’s data protection authority (the ICO) regarding the processing of your Personal Data if you think we have processed your Personal Data in a manner which is unlawful or breaches your rights. If you have such concerns we request that you initially contact us (using the contact details below) so that we can investigate, and hopefully resolve, your concerns.

9. Third-party websites and services

When a customer operates a link to a third-party website that has a relationship with us, we do not assume any obligation or responsibility for such policy because of the third party's privacy policy. Our websites, products, and services may contain links to or the ability for you to access third-party websites, products, and services. We are not responsible for the privacy practices employed by those third parties, nor are we responsible for the information or content their products and services contain. This Privacy Notice applies solely to data collected by us through our Nothing X products and services. We encourage you to read the privacy policies of any third party before proceeding to use their websites, products, or services.

10. Data retention

We take steps to ensure that the Personal Data that you provide is retained for only as long as it is necessary for the purpose for which it was collected. After this period it will be deleted or in some cases anonymized unless a longer retention period is required or permitted by law.

11. Changes to this Privacy Notice

We may periodically change this Privacy Notice to keep pace with new technologies, industry practices, and regulatory requirements, among other reasons. The new privacy notice will be displayed on our website and app.

12. Contact us

If you have any questions regarding this Privacy Notice and its implementation, here is how you can reach us: Email Address: privacy@nothing.tech.