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Privacy Policy

Last Modified: 11/09/16

Introduction

eMagin Corp. (“eMagin” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide through our SparkApp mobile application (“SparkApp”) and our U.S. online websites owned and controlled by us, including www.blazethenight.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On our Website.
  • In e-mail, text and other electronic messages between you and our Website or that you send through SparkApp.
  • Through SparkApp or other mobile applications you download from online mobile application distribution sites, such as Google Play® and Apple’s iTunes®, which provide dedicated non-browser-based interaction between you and the Website.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by eMagin or any third party; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy 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 SparkApp or our Website. By accessing or using SparkApp or the Website, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of this Website or SparkApp after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

SparkApp and our Website is not intended for children under 13 years of age. No one under age 13 may use SparkApp or provide any information to or on SparkApp or the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on Sparkapp or on this Website or on or through any of their features. If we learn we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@blazethenight.com or at the Contact Information at the end of this Privacy Policy.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of SparkApp and our Website, including:

  • On SparkApp and the Website, information by which you may be personally identified, such as name and email address. On the Website, we may additionally collect your home, billing, and/or shipping postal address; telephone number; and your credit or debit card number (solely for payment purposes) (collectively, “personal information”);
  • That is about you but individually does not identify you, such as your location and information contained in session cookies; and/or
  • About your internet connection, the equipment you use to access our Website and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies.

Information You Provide to Us. The information we collect on or through SparkApp and our Website may include:

  • Information that you provide by filling in forms on our Website or in SparkApp. This includes information provided at the time of registering to use our Website, at the time of downloading and registering to use SparkApp, and when you post material. We may also ask you for information when you report a problem with SparkApp or our Website.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Your responses to surveys on our Website that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or of SparkApp, or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or of SparkApp with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website and with SparkApp, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Website, including logs and other communication data and the resources that you access and use on the Website.
  • Details of your use of SparkApp, including your location information, if you give SparkApp permission to access it when you install SparkApp on your mobile device or in the configuration settings for your mobile device.
  • Information about your computer, mobile device, and internet connection, including your IP address, operating system and browser type.

We do not track your online activities over time and across third-party services or other online services. Currently, our Websites do not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve SparkApp and our Website and to deliver a better and more personalized service, including by enabling us to: [** Verify **]

  • Estimate our user size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Recognize you when you return to our Website or use the SparkApp again.

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

  • Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Website. Google Analytics uses “cookies”, which are text files placed on your computer, to help the Website analyze how users use the Website. You can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners’ sites or apps”, (located at google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads on our Websites, but they will not be based on how you browse and shop.
  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. 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 Website.

How We Use Your Information

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

  • To present our Website and its or SparkApp’s contents to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to SparkApp or our Website or any products or services we offer or provide though it.
  • To send you newsletters, advertisements, and other promotional communications.
  • To administer surveys, sweepstakes, promotions, and contests.
  • To call or text you with marketing, advertising, and service-related calls and/or messages.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile). For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of eMagin Corp.’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by eMagin Corp. about our SparkApp and/or Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • 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 [INSERT AS LINK TO WEBSITE’S TERMS OF USE] and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of eMagin Corp., our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the eMagin. If you do not wish to have your contact information used by the eMagin to promote our own products or services, you can opt-out by checking the box on the form which we collect your data (the registration form) or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to support@blazethenight.com. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the eMagin as a result of a product purchase, warranty registration, product service experience or other transactions.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an e-mail at support@blazethenight.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from SparkApp or the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website or SparkApp users. Proper access and use of information provided on the Website or in SparkApp, including User Contributions, is governed by our Terms of Use [INSERT AS LINK TO WEBSITE’S TERMS OF USE].

Data Security

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

The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Website or to use SparkApp, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the SparkApp or Website like message boards. The information you share in public areas may be viewed by any user of SparkApp or the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted from SparkApp or to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in SparkApp or on the Website.

Consent to Processing of Personal Data in the United States

If you are a resident of the European Economic Area (EEA), in order to provide SparkApp, the Website, and our products and services access through SparkApp or our Website to you, we may send and store your personal information (also commonly referred to as personal data) outside of the EEA, including to the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information.  We are committed to protecting the privacy and confidentiality of personal information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing SparkApp or the Website, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page or in SparkApp. If we make material changes to how we treat our users’ personal information, we will notify you. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website or clicking on the privacy button in SparkApp and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

eMagin Corp.

2070 Route 52

Building 334

Hopewell Junction, NY  12533

support@blazethenight.com