PRIVACY POLICY

EFFECTIVE DATE: March 24, 2020

In this Privacy Policy (“Policy”), we describe how Zymergen (“We” “our” “us”) collects, uses, and discloses information that we obtain about visitors to our website https://www.zymergen.com (the “Site”) and the services available through our Site (collectively, the “Services”).

By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy.  California residents should click here for privacy related notices specific to residents of California.

The Information We Collect About You

We collect information about you directly from you and from third parties, and automatically through your use of our Site or Services.

Information We Collect Directly From You. The information we collect from you depends on how you use our Services.

  • Contacting Us. If you contact us, we will collect your email address. During this process you may also choose to provide us with your name, company information, telephone number, and country of residence.
  • Surveys and Questionnaires. While visiting our Site, you may have the option to volunteer to fill out a survey or questionnaire (hereinafter “surveys”). If the surveys do not provide an option for you to remain anonymous, we may collect basic contact information such as your name, company, and email address.

Information We Collect From Other Entities. We may also obtain certain information about you through other entities. For example, we may use web agencies to provide us with contact information of those interested in reading our publications.

Information We Collect Automatically. We automatically collect information about your use of our Site and Apps through cookies, web beacons, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information. This information includes:

  • domain name;
  • your browser type and operating system;
  • web pages you view on the Site;
  • links you click on the Site;
  • your IP address;
  • the length of time you visit our Site and or use our Services;
  • the referring URL, or the webpage that led you to our Site.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

  • To provide our Services to you.
  • To communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes.
  • To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Services.
  • To send you email marketing about our products and services.
  • To send you news and newsletters.
  • To send you email marketing about products and services of our affiliated entities.
  • To assist us in advertising on third party websites, mobile apps, and other online services, and to evaluate the success of our adverting campaigns through third party channels (including our online targeted advertising and offline promotional campaigns).
  • To better understand how users access and use our Services, both on an aggregated and individualized basis. For example, we will evaluate which features of our Site are most (or least) used by users, and we will use this information.
  • To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
  • To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
  • Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Policy.

How We Share Your Information

We may share your information, including personal information, as follows:

  • Service Providers. We disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf. For instance, we use Salesforce and Mailchimp to manage our marketing platform; Google for website analytics and advertising campaigns; and New Relic for website performance analytics.
  • Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries.

 We also disclose information in the following circumstances:

    • Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company.  As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third party advisors, including attorneys and consultants.
    • In Response to Legal Process. We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

  • To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.
  • Aggregate and De-Identified Information. We share aggregate, anonymized, or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

Our Use of Cookies and Other Tracking Mechanisms

We and our service providers use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our service providers may do so on our behalf).

Cookies.  Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site and Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site and Services.
  • Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site and Services who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Clear GIFs, pixel tags and other technologies

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site and Services to, among other things, track the activities of Site visitors and app users, help us manage content, and compile statistics about Site usage. We and our service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Third-Party Analytics

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site, and to the extent permitted, our Apps. We also may use other analytic means to evaluate our Site and Apps. We use these tools to help us improve our Site’s and Apps’ performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do Not Track

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt out of targeted advertising by following the instructions in the Third Party Ad Network section.

Third-Party Ad Networks

We use third parties, such as network advertisers, to serve advertisements on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including personal information, about you.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site, Services, or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at  www.networkadvertising.org.

Third-Party Links

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.

Access to My Personal Information

You may modify personal information that you have submitted by contacting us directly. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.

What Choices Do I Have Regarding the Use of My Personal Information?

We may send periodic promotional emails to you. You may opt out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

Children under 18

Our Services are not designed for children under 18. If we discover that a child under 18 has provided us with personal information, we will delete such information from our systems. 

ADDITIONAL NOTICE AND INFORMATION FOR CALIFORNIA RESIDENTS

In this section, we provide information for California residents, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”), which requires that we provide California residents certain specific information about how their personal information is handled, whether collected online or offline.  Under the CCPA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. It does not include publicly available data as defined by the CCPA.  This section does not apply to personal information we collect about job applicants, independent contractors, or current or former full-time, part-time and temporary employees and staff, officers, or our directors or owners.

Personal Information under the California Consumer Privacy Act (CCPA). We collect 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 consumer or household.

California Privacy Rights. If you are a California resident, with some exceptions under California law, you have the right to:

  • be free from discrimination when exercising your rights,
  • request the deletion of your personal information,
  • opt out of the sale of your personal information (if any), and
  • request that we disclose information about our collection and use of your personal information over the past 12 months including:
  • the specific pieces and categories of personal information we collected,
  • the categories of sources of the personal information we collected about you,
  • our business purpose for collecting or selling (if any) the personal information, and
  • for each category of personal information, the categories of third parties to whom the personal information was disclosed or sold.

In order to verify your requests and protect your privacy, we may need you to supply additional information.

Instructions:
You or your authorized agent can submit your request by emailing us at privacy@zymergen.com. In general, we will verify your request and your identity if you provide your name, address, and other info so that we may match it to information that we maintain about you. Authorized agents will be required to submit additional verification that they are in fact authorized by you to make a deletion request or request for disclosure of information.

If you have questions or concerns about our privacy practices, you may contact us at privacy@zymergen.com.

 

 

 

Categories of Personal Information that We Collect, Disclose, and Sell

The table below shows which categories of personal information we collect, disclose for a business purpose, or sell to certain categories of third party. We collect these categories of personal information from the sources described in the Information We Collect About You section and for the purposes set out in the How We Use Your Information above.

CCPA Categories of Personal Information We Collect Do we disclose for a business purpose(s)? Do we sell? Categories of Third Party
Identifiers: Real name, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name. Yes No data analytics providers, operating systems and platforms, advertising networks
Biometric Information: Physiological, biological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including DNA, imagery of the iris, retina, fingerprint, faceprint, hand, palm, vein patterns, and voice recordings, keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. No No
Usage Data: Internet or other electronic network activity information, including information regarding a resident’s interaction with an internet website, application, or advertisement. Yes No data analytics providers, operating systems and platforms, advertising networks

 

Right to Opt out of Sale of Personal Information.  California residents have the right to opt out of our sale of their personal information. We have not sold your personal information. / We do not and will not sell your personal information. We do not have actual knowledge that we sell personal information of minors under 18 years of age.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at privacy@zymergen.com.

Changes to This Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.

ADDITIONAL INFORMATION FOR EU INDIVIDUALS

The information we collect through the Services is controlled by Zymergen, which is headquartered in the United States at 5980 Horton St, Suite 105, Emeryville, CA 94608, United States.

The Legal Bases for Using Your Personal Information. We collect your information as a data controller when we have a legal basis to do so. The following legal bases pertain to our collection of data:

  • Legitimate Interest: Our use of your personal information is in our legitimate interest as a commercial organization (for example in order to make improvements to our products and services and to provide you with information you request); you have a right to object to processing as explained in the section below entitled Your Legal Rights;
  • Performance of a Contract: Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (for example, where we use your personal information to respond to your customer service or other online requests, to provide our services through our Site); and/or
  • Legal Obligation: Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have (for example, where we are required to disclose personal information to a court or tax authority).
  • Consent: Our use of your personal information is in accordance with your consent.

If you would like to find out more about the legal bases on which we process personal information, please see Appendix A at the end of this policy or contact us using the details below.

Retention of Your Personal Information. We retain your personal information for as long as necessary to provide our services to you, to fulfil the purposes described in this Policy and/or our business purposes, or as required by law, regulation, or internal policy.

Special Categories of Personal Information. We require an additional legal basis to process special categories of personal information which shall be one of the following:

  • You have provided explicit consent;
  • The processing is necessary to protect your vital interests or those of another person where you are physically or legally incapable of giving consent (for example in exceptional situations such as a medical emergency); or
  • The processing is necessary for the establishment, exercise, or defense of legal claims.

Your Legal Rights. Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, when Zymergen acts as a data controller, European Union individuals have certain rights in relation to their personal information:

Right to access, correct, and delete your personal information: You have the right to request access to the personal information that we hold about you and:  (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.

You also have the right to request that we delete your information.

We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims.

Right to restrict the processing of your personal information: You have the right to restrict the use of your personal information when (i) you contest the accuracy of the data; (ii) the use is unlawful but you do not want us to erase the data; (iii) we no longer need the personal information for the relevant purposes, but we require it for the establishment, exercise, or defense of legal claims; or (iv) you have objected to our personal information use where such use is justified on our legitimate interests and we must verify as to whether we have a compelling interest to continue to use your data.

We can continue to use your personal information following a request for restriction, where:

  • we have your consent; or
  • to establish, exercise or defend legal claims; or
  • to protect the rights of another natural or legal person.

Right to data portability: To the extent that we process your information (i) based on your consent or under a contract; and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.

Right to object to the processing of your personal information: You can object to any processing of your personal information which has our legitimate interests as its legal basis if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests overriding your rights and freedoms.

Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction: You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the EEA.

Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information.

We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

How to Exercise Your Rights: If you would like to exercise any of the rights described above, please send us a request at privacy@zymergen.com. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete.

We may ask you for additional information to confirm your identity and for security purposes before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

We may not always be able to fully address your request, for example if it would affect the duty of confidentiality we owe to others or if we are legally entitled to deal with the request in a different way.

Cross-border Transfer of Information.  We generally maintain servers and systems in the United States hosted by service providers. We may subcontract the processing of your information to, or otherwise share your information with, other parties in the United States or countries other than your country of residence. As a result, where the personal information that we collect through or in connection with the Site or our Services is transferred to and processed in the United States or anywhere else outside the European Economic Area (EEA) for the purposes described above, we will take steps to ensure that the information receives the same level of protection as if it remained within the EEA, including, where required by applicable law, entering into data transfer agreements or using the EU Commission approved Standard Contractual Clauses.

Appendix A:
Our Legal Bases for Processing Personal Information of European Union Individuals

Type of Personal Information Processing Purpose(s) Our Legal Basis
Name, contact information, company information To respond to online inquiries Our legitimate interests; OR to perform a contract or take steps to enter into a contract with you
Computer and mobile device information, including IP address

Online targeted advertising

To provide and improve our website

Our legitimate interests; OR

Your consent

Gender, Race, Disability, and Employment History To help us comply with federal and state Equal Employment Opportunity/Affirmative Action record keeping, reporting, and other legal requirements. Legal Obligation

 

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