Privacy Policy

Overview

Desktop Metal, Inc. (“Desktop Metal”, “we”, “us” or our) understands that your privacy is important to you. We are committed to protecting your privacy. This Privacy Policy describes the types of personal information we may collect about you, the purposes for which we use the information, the circumstances in which we may share the information and the steps that we take to safeguard the information to protect your privacy. This Privacy Policy applies to our websites, including staging.desktopmetal.com, our online store, our Fabricate cloud software, and our Live Parts design software (the “Websites”). By using the Websites, you consent to the practices described in this Privacy Policy. If you do not agree to the terms in this Privacy Policy, please do not use the Websites.

If you purchase our products or services, then you agree to our Terms of Service, which may include additional policies regarding the data that we collect and/or you provide, how we use such data in connection with the use of our products or services and how such data may be shared.

INFORMATION WE COLLECT

Personal Information. When you use our Websites or purchase our products or services, you voluntarily and willingly give us certain information, including Personal Information. Personal Information means information about you that can be used to contact or identify you, and information about your use of our Websites, including but not limited to, your name, phone number, email address, home and business mailing addresses and credit card or other billing information (“Personal Information”). Personal Information also refers to any information you supply to us that does not identify you, such as preferences and interests that you indicate in the use of our Websites, or occupational information.

We collect Personal Information when you register an account or create a user ID on our Websites, purchase a product or service from us, request warranty service or customer or technical support from us, or participate in promotions. We may offer additional products, features, services and promotions that would require you to provide Personal Information to us in order to participate. If you are not sure if you want to submit information to us and/or have your information used as described in this Privacy Policy, please do not use our Websites or otherwise submit such information to us.

Device Information. We also collect “Device Information” such as your IP address and information about your devices, such as their serial numbers and hardware and firmware versions. Some Device Information may be associated with Personal Information.

Log Files. Log files may collect demographic information, such as ZIP code, age, gender, preferences, interests and favorites, which is not specific to you (“Log Files”). There is also information about your computer hardware and software that is automatically collected by Log Files. This information can include: your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. These log files are generally retained for a brief period of time, except where they are used to improve site functionality, for site security and safety, or where we are legally obligated to retain them for longer time periods. We may also collect information about whether and how you use certain features and functionality of our Websites and we may conduct surveys and collect your responses. We use this information to operate the Websites, maintain quality of the Websites, and provide general statistics on the use of the Websites, products and services. For these purposes, we do link such automatically-collected data to Personal Information

Cookies. Like many websites, we use “cookies” on our Websites. Cookies are text files containing small amounts of information that can be downloaded to your device when you visit a website. We use cookies on our Websites for a variety of different purposes:

• Cookies which are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website;
• Performance and analytics cookies (including Google Analytics) which keep track of the pages that you visit and the videos and other content you access, so we can determine which content is most popular and improve the performance of our website. These cookies record only anonymous statistical data and do not collect any Personal Information that could identify an individual visitor;
• Functionality cookies which remember the choices you make, such as language options or the region you are in. These cookies help to make your visit more personal and are deleted automatically when you close your browser or the session expires; and
• Cookies which keep track of how you share content from our Websites via social media or email, using sharing buttons.

By using our Websites you agree to the use of cookies as described in this Privacy Policy. You can disable cookies on your device at any time by indicating this in the preferences or options menus in your browser. However, doing so may limit your ability to view all the pages of our Websites or use online services that require registration. You can find more information about cookies at www.allaboutcookies.org and www.youronlinechoices.com.

CONSENT AND USE OF YOUR INFORMATION

We use the information we collect only as described in this Privacy Policy.

Consent to Use of the Information We Collect. By providing your information, including your Personal Information, you expressly and voluntarily consent to the practices described in this Privacy Policy. You may withdraw your consent to our collection and use of your information, but such withdrawal of consent will not be applied retroactively. This withdrawal may be communicated through use of the unsubscribe links provided in emails or by reaching out to the contacts provided at the bottom of this Privacy Policy. If you provide us with customer testimonials and comments, we may post such testimonials and comments on our Websites. We will not post a customer testimonial that you provide which contains your Personal Information without first having obtained your consent.

How We Use Personal Information. We may use the Personal Information and other information provided by you or obtained through your use of our Websites to (i) provide our Websites to you and administer your use of our Websites, (ii) provide you with products or services that you purchase from our online store, (iii) communicate with you and fulfill requests you may make, including warranty requests and requests for technical support, (iv) provide third parties with whom we collaborate to support the Services the information they need to perform their role, for example, your assigned Desktop Metal partner (the “Desktop Metal Partner”), and, if you are leasing products, the bank that is financing your lease, (v) provide you with information and announcements with respect to our products or services, (vi) provide you with further information and offers, to the extent that you opt-in to receive such further information and offers, from us or third parties selected with care because we anticipate that you may find such information and offers useful or interesting, including marketing or promotional materials, (vii) provide other companies with statistical information about our users, however this information will not be used to identify any user, (viii) improve our products, services and Websites, and (ix) improve your browsing experience by personalizing the Websites.

How We Use Device Information. We use Device Information to operate and improve the Websites. We may also use Device Information by itself or in combination with Personal Information to provide you with personalized information about Desktop Metal and its products and services. We use Device Information we obtain by technical means (such as the automatic recording performed by our servers or through the use of cookies) for the above purposes as well as to (ii) monitor, measure and analyze use of the Websites and our products and services, (iii) generate and derive useful data and information concerning the interests, characteristics and use behavior of our customers, (iv) fulfill requests you may make, including warranty requests and requests for technical support, (v) provide third parties with whom we collaborate to support the Services the information they need to perform their role, for example Desktop Metal Partners, and (vi) provide other companies with statistical information about our users, however this information will not be used to identify any individual user.

How We Use Credit Card Information. We use a third-party provider to run our credit card processing. This provider is not allowed to store, retain, or use information you supply for any purpose except the purpose of credit card processing on our behalf.

Use of Print Specific Information. In addition to the uses identified elsewhere in this Privacy Policy, we may use information concerning print jobs to: (a) make improvements to print parameters; (b) identify common failure modes; (c) and monitor print experience satisfaction. We do not claim any ownership rights in or to the object design files submitted in the print process.

HOW WE SHARE YOUR IDENTIFIABLE INFORMATION

How We Share Information with Third Parties. Except pursuant to the “Transfers of the Business” section below, we will never sell, rent or otherwise provide your Personally Identifiable Information (as defined below) to any third party for marketing purposes.

We only share your Personal Information and, when associated with Personal Information, your Device Information (together, “Personally Identifiable Information”) with third parties as described in this Privacy Policy, to carry out your instructions, as may be compelled by law, or as necessary to protect our rights or property. For example, we may share data with trusted partners to help us process information, extend credit, fulfill orders for our products and services, sell or deliver products and services to you, provide customer and/or warranty service, assess your interest in products and services, conduct customer research or satisfaction surveys, or help us perform statistical analysis. Such third parties are prohibited from using your Personally Identifiable Information except for these purposes, and they are required to maintain the confidentiality of your information. We also hire other service providers who provide services on our behalf and may need to share your information with them to provide information, products or services to you, such as removing repetitive information from prospect lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. When we share your information with such agents, we explicitly require the agent to acknowledge and comply with our privacy and customer information policies.

Compliance with Legal Process. We may also be compelled to surrender Personally Identifiable Information and/or information regarding your use of our Websites, products and services to legal authorities without express user consent if presented with a court subpoena or similar legal order, or as required by the laws, rules, and regulations of any applicable jurisdiction or if we reasonably believe that such disclosure is necessary (i) to investigate, prevent or take action with respect to suspected or actual illegal activities or to assist government enforcement agencies, (ii) to protect the safety of any person from death or serious bodily injury, (iii) prevent fraud or abuse of our Websites or infringement of our intellectual property rights in our products and services, (iv) to enforce our Terms of Service or your agreements with us, or (v) to investigate and defend ourselves against any third party claims or allegations.

Transfers of the Business. We may sell, transfer or otherwise share your information to a third party in connection with a merger, acquisition, reorganization or asset sale that Desktop Metal experiences or in the event of Desktop Metal’s bankruptcy and you agree that any such third party will have the right to continue to use your Personally Identifiable Information and other information that you provide to us or which we obtain through your use of the Websites.

SECURITY AND RETENTION OF YOUR IDENTIFIABLE INFORMATION

We employ various security technologies and procedures to help protect your Personally Identifiable Information from unauthorized access, use or disclosure. When sensitive Personally Identifiable Information (such as credit card information) is collected on our store, it is protected by Stripe, our third-party e-commerce provider. You may review Stripe’s privacy policy at https://stripe.com/us/privacy. Although we use security measures that are standard for the industry, the Internet is not a completely secure environment and we cannot, and do not, ensure or warrant the security of any information that you send or store using the Websites. We do not guarantee that your information may not be accessed, disclosed, modified or destroyed by breach of any of our physical, technical, procedural or managerial safeguards and we are not responsible for third party circumvention of your privacy settings or our security measures. You are responsible for maintaining the secrecy of your unique password and account information and for managing and restricting access to your account.

We keep Personally Identifiable Information that you provide us for so long as it may be useful in our estimation to contact you about our company or our products or services. These services may be, for example, contacting you about our company, products or services as requested, maintaining your account on Fabricate, Live Parts or providing Services to you. We retain information about our customers for as long as we need it to provide service to the customer. We may also use the retained information to improve our Services and ensure the Websites are functioning properly. If you request us to delete your Personal Information from our servers at an earlier date as described in “Opting-Out and Unsubscribing” below, then we will do so. We may retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, enforce agreements, and as otherwise described in this policy.

International Transfer of Information. By using our Websites, you have expressly given your informed consent to transfer your data to the United States and to process it in the United States. To support our global operations, we may transfer and access Personally Identifiable Information from locations around the world, including the United States. This Privacy Policy shall apply even if we transfer Personally Identifiable Information to other countries. If you are in the European Union, or other regions with laws governing data collection and use, by providing your personal data to us, you consent to the transfer to, processing, and storage of your Personally Identifiable Information in the United States and other countries, the privacy laws of which may be considered less strict than those of your region. This consent applies in addition to other legal grounds for transfer, processing and storage of your personal information, such as for contract fulfillment purposes.

Public Forums. We may provide and maintain message boards, blogs, and community forums (“Public Forms”), which Public Forums may be publicly accessible. Please remember that if you directly disclose any information through Public Forums, such information may be collected and used by others. We will update or remove any information you have posted on our servers if you so request, as described in “Opting-Out and Unsubscribing” below.

Social Media Features. We include on our Websites social media features, for example the Facebook Like button and Widgets, such as the “Share This” button or interactive mini-programs (“Features”). These Features may collect your IP address, the pages that you are visit on our Websites. The Features may also set a cookie to allow the Feature to function correctly. Features are either hosted by a third party or hosted directly on our Websites. Your interactions with such Features are governed by the Privacy Policy of the companies that provide them. You should check the relevant third party website(s) for more information about them and whether and how you may make choices about them.

External Websites. Links to web sites that are not operated by or for Desktop Metal (“Third Party Sites”) are provided solely as a convenience to you. If you use these links, you will leave our Websites. This Privacy Policy does not apply to Third Party Sites. We have not reviewed the Third Party sites, do not control and are not responsible for any of their content or their privacy policies, if any. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the Third Party Sites listed on or linked to from our Websites, you should understand that you do so at your own risk.

OPTING-OUT AND UNSUBSCRIBING

How to Review, Correct and Remove Your Personal Information. If you supply your Personal Information to us, then you have the rights listed below with respect to such information:

To review the user information that you have provided to us;

To request that we correct any errors, changes, or omissions in the user information that have provided to us;

To request that your user information not be used to contact you and/or be removed from any solicitation list that we use;

To opt out of being solicited by our Websites or by third parties; and

To request that your user information be deleted from our records.

To exercise any of these rights, please contact us at [email protected]. We will promptly update or delete your information.

If you change any of your information, we may retain a copy of the information that you originally gave us in our records for uses described by this Privacy Policy.

How To Unsubscribe From Our Communications. You may unsubscribe from our marketing and promotional communications by clicking the “unsubscribe” link at the bottom of the emails we send you, or by emailing us at [email protected].

Changes to this Privacy Policy. We reserve the right to make changes to this Privacy Policy from time to time by posting a new version on our Websites. We will provide notice of any changes by posting the revised Privacy Policy on our Websites. The revised policy will be effective immediately upon posting to our Websites. We encourage you to review this Privacy Policy from time to time to be aware of any changes to this Privacy Policy. Using our Websites or continuing to provide Personal Information to us after the updated Privacy Policy has been posted on our Websites or notice regarding the updates has been sent to you shall constitute consent to the changes to the Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all Personal Information you have provided to us.

Children. We understand the importance of protecting children’s privacy, especially in an on-line environment. The Websites are not designed for or directed at children 13 years of age or younger and children are not eligible to use our Websites. We ask that minors not submit any Personal Information to us or use our Websites. We do not knowingly collect Personal Information from children under 13. If a parent or guardian learns that a child has provided us with Personal Information without their consent, he or she should contact us at [email protected]. If we become aware that we have inadvertently received personal information from a visitor under the age of 13, we will delete the information from our records.

Contact Us. If you have any questions about our Privacy Policy or about how we treat the information you provide us, please email [email protected].