Effective Date: December 17, 2020

Last Updated: December 17, 2020

We at NextNav (“NextNav,” “we,” “us,” or “our”) are strongly committed to transparency, and we want you (“you” or “your”) to understand how we collect, use, share and protect your personal information, as well as how you can manage the personal information we collect. This Privacy Notice applies to your interactions with us, including by using our products, services, features, and the Pinnacle SDK (collectively, the “Services”). Our Services are integrated into Developer Application (the “Host App”) and provide altitude data to the Host App when requested. Please see Section 12 for the contact details of our data protection officer for the purposes of EU and UK privacy laws.

By using our Services, you acknowledge the terms of this Privacy Notice. If you do not agree to the terms of this Privacy Notice, please disable our Services on your device. If you do not understand, or if you have questions about, this Privacy Notice, please contact us before using, or continuing to use, our Services.

We reserve the right to change our Privacy Notice from time to time by posting the changes here. If we choose to amend this Privacy Notice, we will revise the Last Updated date at the top of this Privacy Notice when we post the updated version. We may also provide you with notice by prominently posting on our website, via email or both, if we make any significant changes to this Privacy Notice. We may also highlight those changes at the top of this Privacy Notice and provide a prominent link to it for a reasonable length of time following the change. Your use of our Services after we have informed you in one of these ways that we made changes to our Privacy Notice will mean that you have accepted those changes.

1.         TYPES OF INFORMATION WE COLLECT

We collect three basic types of information from you when you provide it to us or when you use or interact with our Services: personal information, non-personal information, and location information

  • Personal information includes all information that relates to you or which are opinions about you personally and either identifies, or may be used to identify, you personally (collectively, “personal information”). We may collect the following types of personal information from you depending upon the device you are using and how you interact with us or use or interact with our Services, such as your:
  • Device Information. Information about your mobile device, including operating system, timestamps, barometric sensor type, activity state, Ad-ID, and device model; and
  • Network Information. Information about your network carrier, country code, and IP address.

To see all of the categories of personal information we collect from you, click here.

  • Non-personal information includes information that does not personally identify you or information that has been anonymized (collectively, “non-personal information”). We may collect the following types of non-personal information from you depending on the device you are using and how you interact with us or use or interact with our Services, such as:
  • Environmental Information. Temperature, GPS signals, Wi-Fi signals, and barometric pressure; and
  • Application Information. Application instance ID and application bundle ID.
  • Location information refers to information about where you are personally located including the latitude, longitude and altitude, and it is considered personal information. We may collect location information from our Services. You may opt-out of our collection of location information at any time by turning off transmission of geolocation data on your device. However, if you do not share your location information with us, we cannot provide our Services to you.

When we combine non-personal information with personal information, we will treat the combined information as personal information.

You can always refuse to provide your personal information, but please note that some personal information is necessary to provide our Services.

2.         HOW WE COLLECT PERSONAL INFORMATION

We need to collect personal information from you in order to provide you with our Services, as well as to improve your experience. You provide us with personal information when you use our Services or your device syncs with our Services.

We may obtain information about you from other sources, including service providers and third-party services, and combine such information with information we have collected. We are not responsible for the accuracy of any information provided by third parties or third-party policies or practices. We collect information from other sources for the purposes listed in the How We Use Personal Information section below, including to enable us to verify or update information contained in our records and to better customize the Services for you.

3.         HOW WE USE PERSONAL INFORMATION

We may use personal information to do any or all of the following:

  • provide altitude data to the Host App;
  • improve altitude data quality and accuracy, including calibrating the barometric sensor on the device;
  • respond to legally binding requests from law enforcement, regulatory authorities or other third parties;
  • defend, protect or enforce our rights or applicable terms of service;
  • to prevent fraud or the recurrence of fraud;
  • assist in the event of an emergency; and
  • comply with applicable law.

We will not use personal information collected through the operation of our system for marketing or advertising purposes.

Except as otherwise permitted or required by applicable law, we only retain personal information for as long as we need to use the information for the purposes listed above, including, for legal, regulatory, back up, archival, accounting, and/or audit purposes.

We may use personal information to create non-personal information. We may use non-personal information for any legitimate business purpose

4.         WHY WE USE PERSONAL INFORMATION

We may use personal information for a number of reasons:

  • to fulfill our contractual obligations to you, including to provide our Services to you;
  • the individual has given consent for a particular purpose;
  • when using the information is necessary for our legitimate interests or those of a third party, provided we have balanced these against the individual’s rights and interests; and
  • in order to comply with a legal obligation (for example, responding to government or law enforcement information requests).

Our legitimate interests for using personal information are:

  • to effectively administer and manage our business;
  • to ensure effective administration and management of the individual’s relationship with us, including providing our Services;
  • to understand how our customers use our Services and to manage our Services;
  • to carry out research and analysis on what Services or products our customers want or how they would like us to improve our Services and products;
  • to understand how our customers use our Services and identify any issues in how the Services are used and how we can improve the customer’s usage experience;
  • to understand and respond to inquiries and feedback;
  • to better tailor and personalize the benefits that we can offer to our customers;
  • to ensure our systems and premises are secure;
  • to develop relationships with business partners;
  • to ensure debts are paid;
  • to share data in connection with acquisitions and transfers of our business;
  • to manage our supply chain;
  • to prevent, detect, or investigate unauthorized use of our Services and ensure we comply with the law and our policies; and
  • to manage any dispute and accidents and take legal or other professional advice.

5.         HOW WE SHARE PERSONAL INFORMATION

We do not sell or rent personal information obtained through the operation of our system.

Except as disclosed in this Privacy Notice, we do not share personal information with any companies other than NextNav’s subsidiaries, affiliates, business partners, suppliers, vendors, service providers, and contractors, including its and their directors, officers, employees, agents, consultants, advisors or other representatives.

Our business partners, suppliers, vendors, service providers, and contractors include IT service providers, financial institutions and payment providers, customer relationship management vendors, other cloud-based solutions providers, lawyers, accountants, auditors and other professional advisors. We contract with them to ensure that they only process your personal information under our instructions and ensure the security and confidentiality of your personal information.

We may share personal information with third parties for the following purposes:

  • We provide the Host App with altitude data when the Host App requests it;
  • If we believe that you have breached the Terms of Use or are investigating a potential breach of the Terms of Use, or believe that you have abused your rights to use our Services, or performed any act or omission that we believe to be violating any applicable law, rules, or regulations. We may share information in these cases, with any third party as may be required to handle any result of your wrongdoing;
  • To store, hold, and manage personal information with a third party or a party affiliated to Nextnav cloud based or hosting service;
  • To process information on our behalf, based on our instructions and in compliance with this Privacy Notice; and
  • If we are required or reasonably believe that it is required by law. We may share information in these cases with any third party for the purpose of:

o          Responding to a subpoena, court order or other legal process;

o          Defending, protecting or enforcing our rights;

o          Assisting in the event of an emergency; and

o          Complying with applicable law.

o         As otherwise permitted by law.

In accordance with applicable law, we may also transfer or assign personal information to third parties as a result of, or in connection with, a sale, merger, consolidation, change in control, transfer of assets, bankruptcy, reorganization, or liquidation. If we are involved in defending a legal claim, we may disclose information about you that is relevant to the claim to third parties as a result of, or in connection with, the associated legal proceedings.

To see all of the categories of personal information we share, click here.

We share non-personal information as reasonably necessary to meet our business needs.

6.         YOUR CHOICES

We offer you certain choices in connection with our Services.

Location opt-out

You may opt-out of our collection of location information by our Services at any time by turning off transmission of geolocation data or push notifications on your device. However, if you do not share your location information with us, we cannot provide our Services to you.

Access to your information

You have the right to request the personal information that we collect, use and disclose about you. You also have the right to not receive discriminatory treatment for exercising your access right. To submit a request or designate an authorized agent to make a request, please contact us.

Deleting your information

You have the right to request that we delete your personal information, subject to some exceptions under applicable law. Once we receive and confirm your request, we will delete (and direct our partners and service providers to delete) your personal information, unless an exception under applicable law applies. You also have the right not to receive discriminatory treatment for exercising your deletion right. To submit a request or designate an authorized agent to make a request, please contact us.

Updating or correcting your personal information

The accuracy of the personal information we have about you is very important. You have the right to request that we update or correct your personal information. You also have the right not to receive discriminatory treatment for exercising your correction right. To submit a request or designate an authorized agent to make a request, please contact us.

Limit use and sharing of sensitive personal information

You have the right to request that we limit the use and disclosure of your sensitive personal information to that which is necessary to perform our Services. You also have the right not to receive discriminatory treatment for exercising your limitation right. To submit a request or designate an authorized agent to make a request, please contact us.

Do Not Track

Some devices support a “Do Not Track” (or, “DNT”) feature, a privacy preference that you can set on devices, which is intended to be a signal to services that you do not wish to be tracked across different websites or online services you visit. Please note that we cannot control how third party websites or online services you visit through our Services respond to Do Not Track signals. Check the privacy policies of those third parties for information on their privacy practices. Our Services do not currently change the way they operate upon detection of a Do Not Track or similar signal.

7.         HOW WE PROTECT PERSONAL INFORMATION

We are dedicated to ensuring the security of personal information. We use physical, electronic, and administrative security measures appropriate to the risks and sensitivity of the personal information we collect. We aim to provide secure transmission of your information from your equipment or devices to our servers. We have processes to store personal information that we have collected in secure operating environments. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. We try our best to safeguard personal information once we receive it, but please understand that no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. If you suspect an unauthorized use or security breach of your information, please contact us as soon as possible.

8.         DATA TRANSFERS

We are a global business. As such, information we collect may be transferred to, stored, and processed in any country or territory where one or more of our business partners or service providers are based or have facilities which may be a different to your home country. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws that country. While other countries or territories may not have the same standards of data protection as those in your home country, we will continue to protect personal information that we transfer in line with this Privacy Notice requiring that our business partners or service providers adhere to this Privacy Notice and the applicable privacy regulations in your home country.

9.         CHILDREN’S PRIVACY

Our Services are not intended for children or those under the age of 16. We do not knowingly collect personal information from children or other persons who are under 16 years of age. Individuals who are children or those under the age of 16 should not attempt to provide us with any personal information. If you think we have received personal information from children or those under the age of 16, please contact us immediately.

10.       YOUR CALIFORNIA PRIVACY RIGHTS

We do not share personal information with third parties for their own direct marketing purposes without your consent. California residents under 18 years old, in certain circumstances, may request and obtain removal of personal information or content that you have posted on our Services. Please be mindful that this would not ensure complete removal of the content posted by you on our Services. To make any request pursuant to California privacy law, please contact us.

11.       THIRD PARTY WEBSITES AND APPS

The Services may contain links to other websites or apps operated by third parties. Please be advised that the practices described in this Privacy Notice do not apply to information gathered through these third party websites and apps. We have no control over, and are not responsible for, the actions and privacy policies of third parties and other websites and apps.

12.       EUROPE / UNITED KINGDOM

This section only applies if you are a resident of a member state of the European Union (EU), the United Kingdom, or the European Economic Area (EEA).

If you have questions or concerns regarding the use of your personal information, please contact us.

International Transfers

The personal information we collect from you may be transferred to and stored by our group companies, or IT vendors and other service providers (as specified in How We Share Personal Information above) who operate on our behalf. We also transfer information to a number of providers of business applications – such as CRM applications and cloud storage providers. These providers are primarily located in the United States but may also be located in other jurisdictions.

In certain cases, there may not be an adequacy decision by the European Commission and/or United Kingdom authorities in respect of those countries. Adequacy of data protection is instead ensured by Standard Contractual Clauses approved by the European Commission in accordance with Article 46(2)(c) of the General Data Protection Regulation, or any equivalent clauses approved by the authorities in the United Kingdom including any additional safeguards as required by EU / UK data protection laws that we have in place with that third party. A copy may be requested by contacting our Data Protection Officer.

Data Retention

We retain your personal information for as long as necessary for the purpose(s) for which it was initially collected. The criteria we use to determine the retention period is as follows:

  • whether there are contractual or legal obligations that exist which require us to retain the information for a period of time.
  • whether there is an ongoing legal claim that relates to any business (or otherwise) relationship you have with us, or that is otherwise related to your relationship with us; and
  • whether any applicable law, statute, or regulation allows for a specific retention period.

Your Privacy Rights

You may have – in accordance with applicable data protection laws – the following rights when it comes to our handling of your personal information. Please note that many of these rights are not absolute, and we may have grounds for refusing to comply with your request to exercise them (for example, where we are (a) required or permitted by law to process your personal data in a way that is incompatible with your request, or (b) able to rely on exemptions under data protection law which entitle us to process your personal data in a way that is incompatible with your request). Where such circumstances apply, we will inform you of this at the time you make a request to exercise your rights.

  • Right of access – you may have the right to request a copy of the personal information we have about you and to request supporting information explaining how the personal information is used;
  • Right of rectification – you may have the right to request that we rectify inaccurate personal information about you;
  • Right of erasure – you may have the right to request that we erase personal information about you;
  • Right to restrict processing – in some situations, you may have the right to request that we do not use the personal information you have provided (for example, if you believe it to be inaccurate);
  • Right to data portability – you may have the right to receive your personal information in a structured, commonly used and machine-readable format and to transmit such information to another controller;
  • Right to withdraw consent – where we process your personal information based on consent, you have the right to withdraw consent at any time. However, this will not affect the lawfulness of the processing based on consent before its withdrawal. Furthermore, even in case of a withdrawal we may continue to use your personal information as permitted or required by law; and
  • Right to object – where we are processing your personal information based on a legitimate interest (or those of a third party) you may challenge this. However, we may be entitled to continue processing your personal information where we can demonstrate that we have compelling legitimate grounds to process your information (which override your rights and freedoms), or were continuing to process your personal information is relevant to the establishment, exercise or defence of legal claims. You also have the right to object where we are processing your personal information for direct marketing purposes.

If you would like to exercise any of these rights or in case you should have any concerns about how we process your personal information, please contact us using the information below.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information, or access someone else’s personal information on their behalf (or to exercise any of the other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is complex or you have made a number of requests. In this case, we will notify you and keep you updated. Should we be unable to comply with your request, we will provide an explanation.

Data Protection Officer Contact Information

You may contact our Data Protection Officer with any issues or questions you have regarding our processing of personal information.

EMAIL – [email protected]

POSTAL ADDRESS – 484 Oakmead Parkway, Sunnyvale, CA 94085

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (Tel: 0303 123 1113 or at www.ico.org.uk). Alternatively, you can also make a complaint to the supervisory authority in the Member State of the EU or EEA in which you are resident. We would however appreciate the chance to deal with your concerns before you approach the ICO or a supervisory authority, so please contact us in the first instance.

13.       CONTACT US

We welcome questions, comments, and feedback on this Privacy Notice and our management of personal information. If you have questions, concerns, or feedback, you can always contact us in the following ways. For your protection, we may need to verify your identity before assisting with your request, such as verifying that the information used to contact us matches the information that we have on file.

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