BACtrack Privacy Policy

Last Updated: December 5, 2024

This privacy policy sets out how KHN Solutions LLC ("KHN"), doing business as BACtrack ("BACtrack"), uses and protects any information that you give BACtrack when you visit our website ("Website") or purchase and use our products, connected hardware products, software, mobile applications and services (collectively "the Products and Services"). This includes the BACtrack breathalyzers and accessories, BACtrack and BACtrack View mobile applications, and BACtrack View services. Your continued use of our website, software or Products and Services indicates your agreement to these policies.

BACtrack.com is not intended for use by minors under 16 and we do not knowingly collect personal information from persons under the age of 16. BACtrack's Products and Services are not intended for use by minors under 18 and we do not knowingly market our Products and Services to persons under the age of 18.

1. Information We Collect

In the course of using our Website, Products and Services, you may provide, and we may collect certain personal information, including:

Categories of Personal Information	Types of Personal Information	Sources of Personal Information	Purpose of Personal Information
Identifiers	Name, phone number, email address, postal address, customer service correspondence, user ID number, images and videos associated with your use of the BACtrack View mobile application and subscription service, social media handles.	Directly from you when you are purchasing or registering for any Products and Services, registering for use of our developer tools, or contacting customer support.	Providing our Products and Services; communicating with you, including marketing new Products and Services; fulfilling orders and providing customer service; enhancing our Products and Services; meeting our legal, regulatory and compliance obligations.
Sensitive Personal Information	Your precise geolocation, information collected and analyzed concerning your health.	Directly from you when you are using our Products and Services.	Providing our Products and Services; enhancing our Products and Services; meeting our legal, regulatory and compliance obligations.
Biometric Information	For more information about BACtrack's collection of biometric information, please refer to our Biometric Notice here: https://www.bactrack.com/pages/bactrack-view-biometrics-terms-app
Financial Information	Credit card, or other billing information.	Directly from you when you are purchasing or registering for any Products and Services, registering for use of our developer tools, or contacting customer support.	Providing our Products and Services; fulfilling orders; meeting our legal, regulatory and compliance obligations.
Internet / Other Electronic Network Activity	IP address, mobile device identifier, cookie identifier, account user-identifiers, browser, device identifiers, or device heuristics such as operating system, and web pages visited. Information associated with the use of our BACtrack Products and Services such as device status, logs of breathalyzer activity, and precise geo-location information when you use the BACtrack View mobile application.	Cookies, pixels, online tracking technologies. Please see additional details below regarding our use of cookies and related technologies.	Providing our Products and Services; communicating with you, including marketing new Products and Services; fulfilling orders and providing customer service; enhancing our Products and Services.
Inferences/Profile Information	Product feedback or testimonials, and any associated interest-based activities.	Directly from you during interactions on our website, such as filling out surveys, forms or social media sharing.	Providing our Products and Services; communicating with you, including marketing new Products and Services; enhancing our Products and Services.

Additional information about cookies and related technologies

BACtrack and our service providers collect certain information about your visit to our website through a variety of technologies, including:

• Cookies: These are small text files that are saved by your browser when you access our Services. We and our service providers may use both cookies and pixel tags to identify that you've visited our website, remember your profile settings and report on your interactions. We may also use cookies to customize and improve our Services. Please see below for additional information on how cookies are used with advertising services and your choices.
• Pixel tags (a.k.a. clear gifs or Web Beacons): These help us better manage content on our Site by informing us what content is effective. These pixel tags gifs (or other tracking technology) may also be included in or associated with e-mails or other communications that you receive from us in order to help us track your response and interests, and to deliver you relevant content and services. We may tie the information gathered by pixel tags, cookies, or other tracking technology to personal information that you have provided us.
• Our servers automatically record certain information about how you use our website. We use this information to administer the website and analyze this information to improve and enhance the Services by expanding the content, features, and function them to our users' needs and preferences.
• We may use third-party advertising services to either display advertising on our website or to manage our advertising on other websites. Below is a list of the types of cookies we utilize, and how you can opt-out of their use:
  • Functional cookies: These cookies help us maintain the website, and include service providers such as Google's Tag Manager.
  • Measurement cookies: These cookies help us measure your activities and the performance of our website, including Google Analytics and PowerReviews. You may opt-out of Google Analytics by clicking here.
  • Advertising cookies: These cookies are set by third parties we advertise with to make our ads more relevant to you. These include social media services such as Facebook, and display advertising services such as Google. We endeavor to exclusively work with advertising companies that participate in the industry opt-out service provided by the Digital Advertising Alliance (DAA). If you would like to opt-out of these types of third party advertising cookies through the DAA, click here.

2. How We Use and Store Information

As outlined in the table above, we use information collected through our Website, Products and Services for the following purposes:

• To fulfill your product or service purchases, which may include retaining your billing information for subscriptions or other purchases,
• To respond to any customer support requests you may make,
• To provide, administer and improve our website or support services,
• To better understand your needs and interests,
• To personalize your experience,
• To provide product, service or other communications,
• To provide you with further information and offers from BACtrack or complementary products or services,
• To administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by BACtrack or our business partners, and
• To comply with our legal obligations, resolve disputes with users, enforce our agreements and protect, investigate and deter against fraudulent, harmful, unauthorized or illegal activity.

For website visitors from the UK or European Union, our legal basis for processing your personal data is:

• Consent for the use of cookies and to send you email marketing when you subscribe through our dedicated email subscription form.
• Performance as necessary to support a contract, including fulfilling product purchases, enabling the functionality of the website, providing customer support, and notifying you of account or important product updates.
• Our legitimate interest to process the data, including to protect the security or integrity of the website, to carry out statistical or other relevant products or services which may be of interest.
• In order to comply with a legal obligation.

Use of information for artificial intelligence (AI) purposes:

As we continue to enhance our Products and Services, we may use your data, with your consent where required by applicable laws, with certain AI models and features, including in machine learning models. This helps us to quickly analyze large data sets to learn more about our customers and their uses of the Products and Services.

3. When We May Share Information

We do not sell your personal information; however, we may share or transfer collected information for any of the previously described purposes in these instances:

• To organizations affiliated with KHN Solutions LLC.
• To Shopify, who provides credit card processing and shopping cart services. Click here to review Shopify's privacy policy.
• With service providers who assist us with website functionality, facilitate communications, enable customer support and other services connected to this Website or our communications, but only to the extent necessary to support our products or provide these services.
• With advertising services as noted above in our cookie use statement.
• With your consent, including with others to whom you have connected your account.
• When required by law enforcement or other legal/regulatory obligation.
• To a buyer or a potential future buyer of KHN Solutions LLC or any BACtrack-related assets.

We may choose to aggregate or anonymize your information and share it with partners or others for market research or other business purposes.

Third-Party Links: Our website may contain logos or links to other websites or services. The fact that we reference another website or service is not an endorsement, authorization or representation that we are affiliated with that third party. We do not exercise control over any of the information you provide or are collected by, these third-party websites or services. We encourage you to read the privacy policies or statements of the other websites you visit and services that you use.

4. Exercising Your Choices or Rights

Depending on where you live, certain rights with respect to your personal information may be available to you (subject to applicable state law limitations). These may include:

• Right to Know: The right to request that we disclose information about our collection and use of your personal information about you, including:
  • Categories of personal information we collect,
  • Categories of sources for the personal information we collect,
  • Our business or commercial purpose for collecting personal information,
  • The categories of third parties with whom we share that personal information, and
  • The specific personal information we have collected about you.
• Right to Access and Portability: The right to confirm whether we are processing personal information about you and to obtain a copy of such personal information we have collected about you, and, where required by law, obtain a copy of such personal information in a portable and, to the extent technically feasible, readily usable format.
• Right to Delete: The right to request we delete personal information provided to or obtained by us about you, subject to certain exceptions and to the extent required by law.
• Right to Correct: The right to request we correct inaccuracies in personal information, taking into account the nature and purposes of the processing of personal information.
• Right to Limit Use and Disclosure of Sensitive Personal Information: The right to request we limit our use and disclosure of sensitive personal information to certain purposes permitted by law and/or revoke consent to our processing of your sensitive personal information.
• Right to Opt-Out: The right to opt-out of certain types of processing of personal information, including:
  • To opt-out of the 'sale' of personal information or sharing or use of personal information for targeted advertising.
  • To opt-out of any processing of personal information for purposes of making decisions that produce legal or similarly significant effects.
• Right to Contact Supervisory Authority

*Please note that not all rights above may be available to you.

Exercising Your Rights

To exercise any of your applicable rights described above, please submit a request to us by either:

• Emailing us at privacy@bactrack.com
• Calling us at 877.334.6876

Please note that you have a right not to receive discriminatory treatment for the exercise of your rights under applicable privacy laws.

Verifying Your Request

Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. Your request must be verifiable before we can fulfill such request.

Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we collected personal information or a person authorized to act on your behalf.

We will only use the personal information that you have provided in a verifiable request in order to verify your request. As stated above, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority.

Please note that we may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive or manifestly unfounded.

5. Information Retention

We retain personal information only for as long as necessary to fulfill the purpose(s) for which the information was collected, to provide our services, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with all applicable laws.

6. International Transfer

BACtrack is based in the United States, where we and our service providers store the majority of our Website and other collected information. If you are a visitor or customer from the UK or EU, please note that we use a variety of legal mechanisms to protect the integrity and security of your information when transferring it to the U.S., including requiring our data service providers to agree to Standard Contractual Clauses approved by the European Commission.

7. Information Security

The security of your information is important to us. We have implemented technical, administrative, and physical security measures designed to protect your personal information from unauthorized access, disclosure, use, and modification. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

8. Changes To This Policy

This Privacy Policy may be updated from time to time to reflect changes to our information practices. If we make any material changes we will notify you by email or other communication methods. All other updates will be made through this website by means of posting an updated version of this Privacy Policy on the Site. We encourage you to periodically review this page for the latest information on our privacy practices. Any modifications to this Privacy Policy will be effective upon the data indicted in our posting of the new terms. In all of the above cases, your continued use of the website after any notice or posted modified Privacy Policy indicates acceptance of the modified Privacy Policy.

9. Contact Us

If you have additional questions with respect to customer-related data, you may reach us by email at support@bactrack.com. For all other privacy-related questions, please contact us at privacy@bactrack.com or by mail at:

KHN Solutions LLC,
300 Broadway, Suite 26
San Francisco, CA 94133
United States

If you are a visitor from the UK or EU and wish to exercise your data subject rights, please contact us at DPO@BACtrack.com.