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:

• visit our website and use our products, apps and other Nothing services (including when registering and logging into your Nothing account, backing up or restoring your account information, binding your third party account with your Nothing account, leaving any reviews or comments, filling in forms such as when you sign up for newsletters or enter a competition, locate a store, or otherwise interact with us);
• purchase and/or activate any products or services from our website, device, and/or app (such as activate our software stability analyzing services, OTA services or participate in hearing test), download a software update, or subscribe to any of our services;
• contact our customer service or after sales/support center or request information from us in any other way;
• participate in our customer satisfaction surveys, improvement program, or other market research, feedback and survey responses; 
• communicate with us via social networking websites, third party apps or similar technologies;
• when you direct third parties to share data with us, for example, your mobile carrier.

3. What Personal Data we collect

Data you directly provide to us:

We and our third-party providers and business partners who enable us to operate our products, services and app, may collect and process the following Personal Data about you which you provide: 

• contact details (such as your name, address, email address, phone number);
• basic information (such as your region and language)
• demographic information (such as age and/or other information that may identify you as an individual);
• account information (such as your nickname, avatar, password, account status, devices registered, and other authentication information);
• interaction with or responses to any customer satisfaction surveys or market research (unless these are provided anonymously);
• transactional information about purchases/redemption of products and services;
• financial and credit card information; 
• your marketing preferences; 
• product reviews;
• employment application information (such as contact information, CV, work permit status); and 
• current location information (when you choose to locate Nothing store manually). 

Data generated during your use of Nothing Services 

When you visit our website and app, purchase and/or activate a product or device, download a software update, or connect to our services, we may also collect information from you automatically, for example using cookies and other similar technologies. 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 (such as IMEI number), serial number or anonymized device ID;
• the IP address of your device, your operating system;

• 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; and
• 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.

Use of Cookies

We use cookies to provide, protect, and improve our products and services, such as by personalizing content, offering and measuring advertisements, understanding user behaviour, and providing a safer experience. Please note that the specific cookies we may use vary depending on the specific websites and services you use.

The cookies we use fall into the following categories: 

• Session cookies: These allow our site to link your actions during a particular browser session. These expire each time you close your browser and do not remain on your device afterwards.
• Persistent cookies: These are stored on your device in between browser sessions. They allow your preferences or actions across the site to be remembered. These will remain on your device until they expire, or you delete them from your cache.
• Strictly necessary cookies: These cookies are essential for you to be able to navigate the site and use its features. Without these cookies, the services you have asked for could not be provided.
• Performance cookies: These cookies collect information about how you use our site, e.g. which pages you go to most often.
• Functionality cookies: These cookies allow the site to remember the choices you make (such as your user name, language, last action and search preferences) and provide enhanced, more personal features.
• Advertising cookies: These cookies are used for advertising, including serving and rendering ads, personalising/targeting  ads and measuring the effectiveness of ads.

If you do not wish for cookies to be installed on your device, you can change the settings on your browser or device to reject cookies. For more information about how to reject cookies using your internet browser settings please consult the “Help” section of your internet browser (or alternatively visit http://www.aboutcookies.org ). Please note that, if you do set your internet browser to reject cookies or otherwise withdraw your consent in relation to cookies, you may not be able to access all of the functions of the site.

Information we collect from third parties

We may obtain Personal Data about you from third parties. For example, if you log onto our app or website via your third party account (e.g. Apple, Google), we may receive information about you from these third-parties, such as your username, email address, and avatar. 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 you with the information, products and services you have requested and send you marketing and advertising materials;
• to provide, improve, and develop our products and services;
• to communicate with you including in relation to a purchase or to offer you targeted advertisements and services (including if you enter a contest, or other promotion, we may use the Personal Data you provide to administer those programs);
• to process your transactions;
• for system administration purposes and for internal operations, including troubleshooting, testing, statistical and survey purposes, data analysis, user behavior analysis, research, and audits;
• to authenticate your access to our website, 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 website, 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 conduct marketing analysis to allow us to assess trends and the effectiveness of our advertising and marketing campaigns (including using your Personal Data to evaluate, analyse or predict certain personal aspects relating to you, such as your preferences, economic situation, interests, and/or location);
• 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 notify you of any changes to our services;
• promote safety and security, such as by monitoring fraud and investigating suspicious or potentially illegal activity or violations of our terms or policies;
• 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. How do we process minor’s Personal Data

Our Nothing Services are mainly intended for adults. In order to protect the privacy and Personal Data of minors, we will obtain parental or legal guardian’s consent where the local laws in your country or region require before processing minors’ Personal Data. We will limit the types and scope of Personal Data collected from minors as much as possible and also limit the functions available to minors. 

If you are a parent or legal guardian of a minor, please ensure that you have read this Privacy Policy and are responsible for your child's activities before allowing your child to create his or her own Nothing account, use our device or apps. 

If you have questions on how we process minors’ Personal Data, please contact us using the contact details provided in “Contact Us”.

6. 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.

7. How do we disclose your Personal Data

We make certain Personal Data available to strategic partners that work with us to provide our products and services or help us market to customers. Personal Data will only be shared by us with these companies in order to provide or improve our products, services, and advertising; it will not be shared with third parties for their own marketing purposes without your prior express consent.

We may disclose your Personal Data to other third parties in the following cases:

• for the purposes of research, evaluation, and analysis;
• if you choose to use the product or services provided by a third party. For example, if 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 to provide you with personalized sound function.
• in the event that we sell any business or assets, in which case we may disclose your Personal Data to the prospective buyer of such business or assets;
• if we or substantially all of our assets are acquired by a third party, in which case Personal Data held by us about our customers and visitors to our websites will be one of the transferred assets;
• if we are under a duty to disclose or share your Personal Data in order to comply with any legal or regulatory obligation or request; or
• to protect the rights, property or safety of us or our users, or others, and in order to enforce or apply our terms and conditions (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).

8. How do we protect your Personal Data

We use appropriate technical and organizational measures to protect your Personal Data that we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Data. Please be aware and understand that we cannot ensure an absolute secure network. If you find that your Personal Data are breached, please contact us immediately using the contact details provided in “Contact Us” of this Privacy Policy so that we can take the corresponding measures.

In the event of any accident, force majeure event or other circumstances leading to the breach of your Personal Data, we will make every effort to control the situation and promptly inform you of the cause, the security measures we have taken and you can take, and other relevant information when required by the applicable laws and regulations. In the event of a security incident related to Personal Data, we will report to the competent authorities in accordance with the requirements of the applicable laws and regulations, promptly investigate the problem, and take the corresponding remedial measures.

9. Data storage and transfer

Cross-border 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 information 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 Policy. 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.

Retention period

We will store your Personal Data to the extent as necessary for the proper business needs of our company (e.g., for the purposes of providing service to you and complying with the requirements of laws, tax and finance), except as provided otherwise by applicable laws or regulations. When there is no such need to use your Personal Data or the retention period expires according to applicable laws or regulations, we will delete or anonymize your Personal Data.

10. 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, the right to correct your Personal Data, the right to delete your Personal Data, the right to file a complaint, the right to withdraw your consent, right related to automated decision making 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.

11. 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 Policy applies solely to data collected by us through our products and services. We encourage you to read the privacy policies of any third party before proceeding to use their websites, products, or services.

12. Changes to this Privacy Policy

We may periodically change this Privacy Policy 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. 

13. Contact us

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