We will retain your information for as long as reasonably necessary for the purposes described above. Additional information about our retention of your personal information can be found in Section IX of this Policy. Please see the Your U.S. State Privacy Rights section of this Policy for information about your rights pursuant to applicable California law.

II. WHAT WE COLLECT AND HOW WE COLLECT IT

We may receive information about you in a range of ways.

A. Information Collected Directly

We may collect personal information about you directly from you. For example, personal information may be collected when you fill out a 'Contact Us' form, sign up for our mailing lists, download a white paper report, submit a survey, or otherwise provide us information through the Site. Generally, the information we collect may include your:

• Online Identifiers, Contact and Account Information (e.g., first and last name, title, telephone, mobile phone, email, fax, IP address, etc.);
• Contract-Related Information (e.g., contractual relationship, interest in Sila’s services and contractual fulfillment);
• Commercial Transaction Information (e.g., account numbers, balances, transaction history, assets, if applicable);
• Payment Information (e.g., bank details, credit card number, if applicable) ;
• Applicant Information (e.g., job history, qualifications and other information stated on the resume or job history submitted by the applicant); and /or
• Other Information You Voluntarily Choose to Provide (e.g., information related to your use of our Site and services).

B. Information Collected Automatically

Website tracking enables us to analyze Site uses and to continuously optimize the Site for visitors based thereon. Statistical tools are used for this purpose, such as to record how often a page has been opened. For example, we use tools like Google Analytics to collect device, Internet, and network activity information, including the following:

• Number of users and sessions
• Session duration
• Browser information
• Operating systems
• Device models
• Geography
• First launches
• App opens
• App updates

We may also infer demographic information like age and gender.

C. Information We Obtain From Others

We may obtain information about you from other sources, such as publicly available resources. We may add this to information we get from this Site.

D. Cookies and Similar Technologies

Cookies are small data files stored on your hard drive by a website. Our Site distinguishes between cookies that are strictly necessary for the technical functions (functional cookies) and cookies that are not strictly necessary for the technical functions (optional cookies). You can opt-out of optional cookies and continue to access the Site (as described below). These are the types of cookies that we use:

• Necessary or Essential Cookies: These cookies help make the Site usable by enabling basic functions like remembering your preferences as to whether you wish to allow us to store cookies and remembering other selections you have entered when you navigate the Site. The Site cannot function properly without these cookies.

• Preference Cookies: These cookies enable the Site to remember information that changes the way the Site behaves or looks, like your preferred language or the region that you are in.

• Statistic or Analytics Cookies: These cookies help us understand how visitors interact with the Site by collecting and reporting information anonymously. We use these cookies to collect and store information about Site visitor behavior (e.g., store information about what pages are visited, how long visitors are on the Site, what users click on), and to monitor and provide statistics on how the Site is used (e.g., recognize and count the number of visitors; see how visitors move around the Site).

• Social Networking Cookies: Social networking cookies allow users to interact more easily with social media, such as Facebook and Instagram. We do not control social media cookies and they do not allow us to gain access to your social media accounts. Please refer to the relevant social media platform’s privacy policies for information about their cookies.
• Advertising Cookies: These cookies are used to make advertising more relevant to you and your interests. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed, and in some cases selecting advertisements that are based on your interests. Our third party advertising partners may use the cookies to build a profile of your interests and deliver relevant advertising on other websites.
  

E. Cookie Opt-Out

You can prevent cookies from being saved by changing the preferences of your browser software accordingly. However, we would like to point out that in this case you may not be able to use all functions of this Site to their full extent. Furthermore, you can prevent the data generated by the cookie and related to your use of the Site (including your IP address) from being transmitted to Google and then processed by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=us.

You can opt out of tracking on our website for online behavioral advertising by visiting the DAA’s Consumer Choice page at http://www.aboutads.info/choices/ as well as the NAI’s Opt Out page at https://optout.networkadvertising.org.

III. HOW WE USE PERSONAL INFORMATION

It is the business objective of Sila to provide you with access to our products and services. As such, we are entitled to undertake all commercial operations, and undertake all measures that relate to our business objective, or which appear directly or indirectly conducive to it, as well as occasional advertising measures. These include the improvement of our products and articles and the improvement of customer satisfaction.

More particularly, we use the information (including personal information) that we collect online as follows:

• Providing support and services: To provide and operate our Site and Sila, communicate with you about your use of the Site and Sila, and to provide troubleshooting and technical support, respond to your inquiries, communicate with you, and for similar support purposes.

• Responding to your requests: To respond to your inquiries and consider your request or application.

• Newsletters, mailing lists, advertising and direct marketing: For direct marketing purposes, including to send you newsletters, client alerts and information we think may interest you. If you are in a jurisdiction that requires opt-in consent to receive electronic marketing messages, we will only send you such messages if you opt-in to receive them. We may also use personal information to personalize your online experience, display advertisements that are targeted to your interests, and audit your interactions with our online ads (e.g., by counting ad impressions).

• Analytics and improvement: To better understand how users access and use the Site, and our services, and for other research and analytical purposes, such as to evaluate and improve our services and business operations and to develop services and features.

• Protect our legal rights and prevent misuse: To protect the Site and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of our customers, any person or third party, or violations of this Policy. Where we believe it necessary to enforce or administer our agreements and terms.

• Comply with legal obligations: To comply with the law or legal proceedings. Where we believe it necessary to respond to claims asserted against us, comply with legal processes (e.g., subpoenas or warrants). For example, we may disclose information in response to subpoenas, court orders, and/or other lawful requests by regulators and/or law enforcement, including responding to national security or law enforcement disclosure requirements.

• General business operations: Where necessary, for the administration of our general business, payment, accounting, record keeping, and legal functions. We use applicant information solely in connection with evaluating your application (e.g., processing your application for a job with Sila, conducting a background check prior to confirming your employment with Sila).

• Business transfers: As part of any merger, sale and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event, including related to due diligence conducted prior to such event where permitted by law.

• Aggregate and de-identified information: We may create and use aggregate and de-identified information to assess, improve and develop our business, products, and services, and for similar research and analytics purposes.

IV. DISCLOSURE OF PERSONAL INFORMATION

We share your personal information as follows:

• Affiliates. We may share your personal information with affiliates, subject to the terms of this Policy or otherwise as we disclose to you at the time your information is collected.

• Service providers. We may share each category of personal information with companies and individuals that provide services on our behalf or help us operate our Site or our business (such as order fulfillment, shipping, payment processing, customer support, hosting, analytics, email delivery, marketing, database management services, returns processing, and risk and fraud mitigation).

• Marketing and Advertising Partners. We may share Online Identifiers, Contact and Account Information, Inferences, and Device, Internet and Network Activity Information with marketing and advertising partners to serve you ads tailored to your interests, or to tailor ads that may be served to you on our Site, as well as other websites and social media networks. To learn about how to control how we share your information with marketing and advertising partners, see the “Your U.S. Privacy Rights” section below.

• Law enforcement, government authorities, and private parties. We may share the above categories of personal information as we believe in good faith to be necessary or appropriate to comply with law or for the compliance, fraud prevention, and safety purposes described above.

• Organizations in connection with a business transfer. We will share your personal information if we are acquired by or enter into a merger with another company, or otherwise reorganize our business.

V. DIRECT MARKETING

As set forth above, we may send periodic promotional emails to you, and where required by law, we will obtain your consent to do so. You may opt out of such communications at any time by following the opt-out instructions contained in the email. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any services you have requested or received from us.

VI. YOUR U.S. PRIVACY RIGHTS

You have the following rights, where provided under applicable state law, regarding your personal information (each of which are subject to various exceptions and limitations):

Right to Know and Access

You have the right to know and access what data we have collected about you over the past 12 months, including:

• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• The business or commercial purpose for collecting your personal information;
• The categories of third parties with whom we have shared your personal information; and
• The specific pieces of personal information we have collected about you;
• Whether we sell your personal information to third parties for their own direct marketing purposes.

This right is free and the request for access may be made up to twice a year.

Right to Delete

You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

• Complete your transaction;
• Provide you a good or service;
• Perform a contract between us and you;
• Protect your security and prosecute those responsible for breaching it;
• Fix our system in the case of a bug;
• Protect the free speech rights of you or other users;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
• Comply with legal obligations, including employment obligations; or
• Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

Right to Correct

You have the right to request that we correct the personal information we have collected from you (and direct our service providers to do the same) if you believe it is inaccurate.

Right to Opt-Out of Sale or Sharing

You have the right to opt-out of the “sale” of their personal information (defined very broadly to include situations where we provide personal information to partners who provide advertising services to us) and the “sharing” of personal information in connection with the display of targeted advertising across third party websites. While we do not sell your personal information, we do share it in connection with our advertising efforts. To direct us not to sell or share your personal information, please click here. At this time, we endeavor to respond to browser-based opt-out signals sent through the Global Privacy Control: https://globalprivacycontrol.org/. We do not respond to do not track or other browser-based signals.

Exercising Your Privacy Rights

To request access, deletion, or correction of your personal information, or to exercise any other data rights under applicable law, please click here. If you are a job applicant, please note that all job applicant information is collected and stored by Greenhouse and that you should contact Greenhouse directly if you would like to exercise any of your California rights.

The Steps We Take to Verify Your Request

We will take reasonable steps to verify your request. These steps include verifying your identity. For us to do so, you must send us a request that provides sufficient information to allow us to verify that you are the person about whom we have collected personal information, including by verifying the email address associated with the request. If we cannot verify your identity, we will be unable to provide the information you have requested.

Our Response Timing and Format

We aim to confirm our receipt of your request for access, deletion, or correction within 10 business days. If you have requested access, deletion, or correction, we will do so, to the extent specified above, within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment for your exercise of any of the foregoing privacy rights.

Authorized Agent

If you have caused an authorized agent to make your request, please provide the following information: first and last name of the agent, physical address of the agent, email address of the agent, and a statement granting the agent the authority, along with why you are writing.

Appeals

You have a right to appeal decisions concerning your ability to exercise your consumer rights.

For California users:

Shine the Light

If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email or write to us at the address listed below. Indicate in your message that you are a California resident making a “Shine the Light” inquiry.

VII. FOR EUROPEAN USERS

If you reside in the UK or a country in the European Economic Area (EEA), under European data protection law, data controllers are required to have a lawful basis for each use or disclosure of personal information. We rely on the following legal bases when we process your personal information:

• When necessary for our legitimate interest in providing our Site, services, and products to our users. These legitimate interests include to respond to your inquiries and requests for information, maintain, improve, and analyze our Site, ads, and the content and services we offer, detect, prevent, or investigate security breaches or fraud, and facilitate the functionality of our Site. In specific situations, we require your personal information to pursue our legitimate interests in a way which might reasonably be expected as part of running our business, and which does not materially impact your rights, freedom, or interests. We will use legitimate interest after we have properly evaluated the data processing and conducted a necessary balancing test.
• When necessary for the performance of a contract. This includes processing your personal information in order to fulfill your request or provide the products and services that you have requested.
• When you provide your consent for us to use your information. In some cases, we may rely on your consent. If we process any information where your consent is our lawful basis, you will have the right to withdraw your consent at any time.
• To comply with our legal obligations. This is our legal basis for certain uses and disclosures of information required by applicable UK and EEA laws. For example, we can pass on details of people involved in fraud or other criminal activity affecting us to law enforcement.

If you are a resident of the UK or a country in the EEA, you also have certain rights and protections under the law regarding the collection, processing, and use of information about you.

You have the following rights, where provided under applicable law, including the European Union’s General Data Protection Regulation (GDPR), regarding your information (each of which are subject to various exceptions and limitations):

• Right to Access. You have the right to ask us for confirmation on whether we are processing your personal information, and access to the personal information and related information.
• Right to Correct. You are entitled to update or correct your information if it is inaccurate or incomplete.
• Right to Delete. You have the right to request that we erase your personal information.
• Right to Restrict Processing. You have the right to request that we restrict the processing of your personal information.
• Right to Object to Processing. You have the right to object to our processing of your personal information.
• Right to Data Portability. You have the right to request the transfer of the data that we have collected to another organization, or directly to you.

If you would like to exercise any of the rights above, please click here. Please note that we may ask you to verify your identity before responding to such requests.

In addition, if you are in the European Economic Area or the United Kingdom and you have any complaints about how we use your personal information, you have the right to lodge a complaint with the data protection authority in your country. A list of data protection authorities is available here.

VIII. CHILDREN’S USE

Our Site is not directed to children, and we don’t knowingly collect personal information from children under the age of 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us.

IX. OTHER IMPORTANT INFORMATION

Links to Third-Party Websites. Our Site may contain links to third-party websites. Those websites may have privacy policies that differ from ours. We are not responsible for those websites, and we recommend that you review their policies. Please contact those websites directly if you have any questions about their privacy policies.

Data Retention. We retain the information collected only for as long as reasonably necessary for legitimate business purposes or as required by law (including to satisfy our legal, accounting or reporting obligations). To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of the personal information, the purposes for which we process the personal information and the applicable legal requirements.

Jurisdictional Issues. Sila is based in the United States and we process and store personal information in the U.S. Therefore, we and our service providers may transfer your personal information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We use approved safeguards to transfer personal information to the U.S. when required by the law of the originating country.

X. OUR COMMITMENT TO SECURITY

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, in accordance with industry practice and applicable laws. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. While we strive to protect information transmitted on or through our Site, we cannot and do not guarantee the security of any information you transmit on or through the Site and you do so at your own risk.

XI. HOW TO CONTACT US

We welcome your comments or questions about this Policy. You may contact us at info@silanano.com. You may also contact us at our address:

Sila Nanotechnologies, Inc.

Attn: Legal Department

2470 Mariner Square Loop

Alameda, California 94501

XII. REVISIONS TO THIS POLICY

We reserve the right to revise this Policy or any part of it from time to time. Please review the Policy periodically for changes. If we make material changes, we will endeavor to provide ahead of such changes, such as by email or through a notice on our Site.

XIII. POLICY DATE

This Policy was last updated on June 06, 2023.