Atomica (formerly Innovative Micro Technology) Website Privacy Policy

Effective as of May 7, 2021

Atomica Corp. (formerly Innovative Micro Technology, Inc)., (“Atomica”, “we,” “us,” or “our”) provides this Privacy Policy because we know that you care about how your information is collected, used, shared and retained. This Privacy Policy applies to information collected when you visit our website www.atomica.com.

By visiting our Website, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy have the meaning ascribed to them in the Terms of Use.

What Information We Collect; the Purpose of Collection and Use

We collect the following categories of information:

Contact Information

We collect contact information on our Website from visitors, customers, and distributors who wish to obtain information or support, or to purchase our Products. Contact information is provided via browser forms or online order forms, and includes first name, last name, e-mail address, job title, name of the organization, country, state/region and phone numbers (fax, cell and/or landline), technical requirements, and other information necessary for us to properly respond. This contact information is used by our sales, support and Product teams to contact our Website visitors, customers, distributors, and agents, as appropriate, so that we can provide the requested information, support or Products.

We collect contact information on our Website from shipping, transport, freight forwarding and other logistics companies, distributors and other channel partners, and “ship to” information for the Products. This contact information is used by our shipping and transportation teams to fulfill Product orders and schedule deliveries.

Google Analytics

Like most organizations, we rely on automatic data collection technology (Google Analytics) when you visit our Website or purchase Products online. Google Analytics may use tracking technologies such as but not limited to cookies to collect information on our behalf such as your IP address, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, number of links you click while on the Website, search terms, and other data. By accessing and using the Website, you consent to the processing of data about you by Google Analytics in the manner and for the purposes set out in this Privacy Policy. For more information on Google Analytics, including how to opt out from certain data collection, please visit google.com/analytics. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Website.

We may use MS products to create a unique session ID for you (that expires at the end of your session), which captures the language, currency, and culture associated with your session, and/or a unique user ID that is associated with your user login name.

Operations

We also collect Website health diagnostics and technical logging information.

Cookies

Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visits to our Website and other sites as described under “Google Analytics,” above. If you do not want us, Google Analytics or the Website to place a cookie on your hard drive, you may be able to turn that feature off on your device. Please consult your Internet browser’s documentation for information on how to do this, such as by using your browser in private mode to block cookies. However, if you decide not to accept cookies from our Website, the Website may not function properly.

The Purpose:

Aggregate Data

In an ongoing effort to better understand our users and the Website, we might analyze your information in aggregate form to operate, maintain, manage, and improve the Website. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our Products and the Website to current and prospective business partners and to other third parties for other lawful purposes.

Additional Uses

We also use Contact Information, Billing Information and other information collected pursuant to this Privacy Policy to respond to general inquiries, solicit feedback regarding our Products and support, provide relevant content on our Website including advertisements regarding our products and services, and to communicate with you via email regarding our current and future Products.

Onward Transfer to Third Parties

Like many businesses, we hire other companies to perform certain business-related services. We may disclose personal information to certain types of third-party companies but only to the extent needed to enable them to provide such services. The types of companies that may receive personal information and their functions are: direct marketing assistance, order fulfillment, billing, customer service, data storage, hosting services, disaster recovery services, sales support, credit card processors, and logistics support companies. All such third parties function as our agents, performing services at our instruction and on our behalf pursuant to contracts which require they provide at least the same level of privacy protection as is required by this Privacy Policy and implemented by Atomica (formerly IMT). We may also disclose personal information to our affiliates in order to support marketing, sale, and delivery of Products. You may opt out of having your personal information transferred to any or all of our categories of agents by contacting us at [email protected] and include “PRIVACY POLICY” in the subject line as only Privacy Policy inquiries sent to this address will be reviewed. Please allow us a reasonable time to process your request.

Business Transfers

In the event of a merger, dissolution, reorganization or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy. This policy shall be binding upon Atomica and its legal successors in interest.

Disclosure to Public Authorities

We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.

Opt-Out for Direct Marketing; Email Management

You may opt-out at any time from the use of your personal information for direct marketing purposes, and/or the transfer of your personal information to third parties for direct marketing purposes.

Contact us at [email protected]  and state that you would like to opt out of direct marketing and/or the transfer of your personal information to third parties for direct marketing purposes. Please include “PRIVACY POLICY” in the subject line as only Privacy Policy inquiries sent to this address will be reviewed.

If you have any questions about which site you registered through please contact [email protected] . Please include “PRIVACY POLICY” in the subject line as only Privacy Policy inquiries sent to this address will be reviewed. Please allow us a reasonable time to process your request.

You may also manage your receipt of marketing and non-transactional communications by clicking on the “Manage Email Preferences” link located on the bottom of any Atomica marketing email and following the instructions found on the page to which the link takes you. You cannot opt-out of receiving transactional e-mails related to your account or purchase orders.

Access to personal information. We acknowledge the EU and Swiss individual’s right to access their personal data under the Privacy Shield. Upon request to [email protected] , we will provide you with confirmation as to whether we are processing your personal information, and provide you with access to your personal information within a reasonable time. Please include “PRIVACY POLICY” in the subject line as only Privacy Policy inquiries sent to this address will be reviewed. We will also correct, amend or delete your personal information where it is inaccurate or has been processed in violation of this privacy policy. We may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests.

Retention of personal information. We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. After such time periods have expired, we may either delete your personal information or retain it in a form such that it does not identify you personally.

How we protect your Information

Atomica takes very seriously the security and privacy of the personal information that it collects pursuant to this Privacy Policy. Accordingly, we will implement reasonable and appropriate security measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of such data, and comply with applicable laws and regulations.

Children

We do not knowingly collect any personal information from children under the age of thirteen through the Website. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information to us without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at [email protected], and we will endeavor to delete that information from our databases. Please include “PRIVACY POLICY” in the subject line as only Privacy Policy inquiries sent to this address will be reviewed.

Links to External Websites

The Website may contain links to third-party websites (“External Sites”). Atomica has no control over the privacy practices of these External Sites. As such, we are not responsible for the privacy policies of those External Sites. You should check the applicable third-party privacy policy and terms of use when visiting any External Sites, and before providing any personal information to such External Sites.

Important Notice to All Non-US Residents.

Our servers are located in the US. If you are located outside of the US, please be aware that any information provided to us, including personal information, will be transferred from your country of origin to the US. Except in the case of data transfers under the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, your decision to provide such data to us, or allow us to collect such data through our Website, constitutes your consent to this data transfer.

Important Notice for Residents of the European Economic Area and Switzerland

Atomica (formerly IMT) complies with the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from the European Union member countries (including Iceland, Liechtenstein, and Norway) and Switzerland to the United States, respectively. Atomica has certified that it adheres to the Privacy Shield principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, Recourse, Enforcement, and Liability (the “Privacy Shield Principles”). With regard to the Principle of Accountability for Onward Transfer, for example, we remain liable if our agent processes such personal information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage. If there is a conflict between this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit privacyshield.gov.

Atomica (formerly IMT) is subject to the investigatory and enforcement powers of the Federal Trade Commission. In compliance with the EU-US and the Swiss-U.S. Privacy Shield Principles, Atomica commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Policy should first contact Atomica at [email protected]  including “PRIVACY POLICY” in the subject line as only Privacy Policy inquiries sent to this address will be reviewed.

Atomica (formerly IMT) has further committed to refer unresolved privacy complaints under the EU-US and the Swiss-U.S. Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Atomica, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. If these processes do not result in a resolution, you may also contact your local data protection authority, the US Department of Commerce, and/or the Federal Trade Commission for assistance. If your complaint still remains unresolved, then you have the right to invoke binding arbitration by the Privacy Shield Panel upon written notice to Atomica Corp. at [email protected]. Please include “PRIVACY POLICY” in the subject line as only Privacy Policy inquiries sent to this address will be reviewed.

California Privacy RightsCorp

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Atomica via email at  [email protected]. Atomica honors “Do Not Track” settings. Please include “PRIVACY POLICY” in the subject line as only Privacy Policy inquiries sent to this address will be reviewed.

Changes to this Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time and will post any changes on the Website as soon as they go into effect. By accessing the Website after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact us in one of the following ways:

E-mail us: [email protected]  and include “PRIVACY POLICY” in the subject line as only Privacy Policy inquiries sent to this address will be reviewed.

Call us: 1-805-681-2800

Write to us :

Atomica Corp. (formerly Innovative Micro Technology, Inc.)

Attention – Marketing Communications

75 Robin Hill Road, Santa Barbara, CA 93117