Trackem

Privacy Policy

1. INTRODUCTION TO PRIVACY POLICY

The Company is committed to maintaining the confidentiality, integrity and security of any Personal Information (as defined below) about Company's End-Users. To demonstrate Company's commitment to protecting Your privacy, Company has developed this privacy policy (“Privacy Policy”), which describes how Company will collect, use, disclose and protect Your Personal Information through the Product and/or Service.

(a) LICENSE AGREEMENTS

This Privacy Policy as well as the Terms of Use (“License Agreements”) govern Your access and use of the Product and/or Service, as owned and operated by the Company, a Canadian corporation having its registered address at 20 Roy Boulevard, Unit 15, Brantford, Ontario, N3R7K2 (referred to in these Terms as the “Company”). Terms capitalized but not defined in this Privacy Policy have the meanings set out in the License Agreements. “You”, “Your” and “Yours” refers to you, the End-User, or if You are a company that is registering for user accounts on behalf of Your employees or contractors, the Client, as the case may be and as defined in the License Agreements.

(b) CONSENT AND AGREEMENT TO BE BOUND

(i) CONSENT PROVIDED BY CONTINUING USE. By accessing and/or using the Product and/or Service You agree to all the terms and conditions of the License Agreements and which are incorporated here by reference. If You do not agree to all the terms and conditions of this Privacy Policy and the Terms of Use, please do not use the Product and/or Service.

(ii) YOU MAY ALSO HAVE PROVIDED CONSENT THROUGH Google Play, App Store or other comparable marketplaces (the “Digital Distribution Platform”). There are certain types of device data that the Product and/or Service cannot access without Your consent. The various application marketplace platforms that Company serves the Product and/or Service through will notify you the first time the Product and/or Service requires permission to access certain types of data and will let You decide to consent to that request. You further agree to abide by all the terms in the Digital Distribution Platform end user licensing agreement, or any other applicable application store (“Digital Distributor”) agreement, so long as such agreement does not conflict with the terms herein or the License Agreements.

(iii) CHANGES IN USE TO THE PRIVACY POLICY WILL REQUIRE YOUR CONSENT. In the case of a material change to this Privacy Policy, the Company will provide written notice to inform You and will obtain consent from You for any new purposes not previously identified in this Privacy Policy.

(iv) PROVIDING CHANGES TO YOUR CONSENT. Changes can be submitted by updating Your data in accordance with the user data update and verification provisions set out in the section of this Privacy Policy entitled “Data Management”.

(c) CONSENT TO COLLECTION AND ANALYSIS OF THE INFORMATION YOU PROVIDE TO US

(i) SPECIFIC CONSENT TO COLLECTION OF INFORMATION. By using the Product and/or Service, You consent to the collection, use and disclosure of Your Personal Information by Company in the manner described in this Privacy Policy. You may always opt not to disclose certain Personal Information, but which may restrict access to certain features of the Product and/or Service. For example, Your name and email address are necessary to complete the registration process. At any time after registration, You may opt out of most email communication from Company by clicking on the opt-out link at the bottom of Company's emails, or by contacting Company at the contact details listed above. However, Company may still contact You for administrative purposes. Notwithstanding anything to the contrary, withdrawing your consent shall not apply to actions the Company has already taken based on Your prior consent.

(ii) CONSENT TO PROCESS THIRD PARTY DATA YOU SEND TO US IS YOUR RESPONSIBILITY. Any data sent to Company for processing by You is considered to be third party data (“Third Party Data”). For all Third Party Data, consent required upon collection of third party data shall be obtained by the You (“Third Party Data Consent”).

(iii) CONSENT TO RECEIVING COMMUNICATIONS FROM US: When You sign up for an account, You are opting in to receive emails from the Company for administrative or technical issues and You may occasionally receive the Company newsletters.

a. COMMUNICATIONS IN THE EVENT OF BREACH: In the unlikely event that Company believes that the security of Your Personal Information in Company's possession or control may have been compromised and creates a real risk of significant harm to You, or if Company believes that a notification is appropriate, Company may seek to notify You of that development, pursuant to both Company's desire to keep You informed and Company's legal requirement to do so. If a notification is appropriate, Company may notify You by the email address registered to Your account. Additional details on a Data Breach can be found in the in the section of this Privacy Policy entitled “Data Management”.

b. WE WILL NOT REQUEST CONFIDENTIAL PERSONAL INFORMATION: Company will never send email messages to customers requesting confidential information such as passwords, credit card numbers, or social security or social insurance numbers. Please do not act on any such emails as You may compromise Your Personal Information by replying or by following links to a fraudulent website.

(d) AMENDMENTS TO THIS PRIVACY POLICY AND VALIDATION TO CONFIRM COMPLIANCE WITH LAW. The Company may amend or change this Privacy Policy at its sole discretion at any time, and in accordance with the amendment provisions set out in the License Agreement. The use of the information Company collects at any given point is subject to the Privacy Policy in effect at the time of collection. If Company makes any material changes Company will notify You by email or by means of notice on the Product and/or Service prior to the change becoming effective. Company will post the most current Privacy Policy on the Product and/or Service, and Your use of the Product and/or Service is subject to the most current Privacy Policy as posted on the Product and/or Service at any time.

(i) Company's PERIODIC REVIEW. Company will perform a periodic and timely review to ensure that Company's Privacy Policy is compliant with Applicable Laws.

(ii) YOUR PERIODIC REVIEW. Company encourages You to periodically check Company’s Privacy Policy for the latest information on Company's current policy.

(e) DISCLAIMER: IF YOU CHOOSE TO ACCESS THE PRODUCT AND/OR SERVICE, YOU DO SO AT YOUR OWN RISK, AND ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS. WE MAY LIMIT THE AVAILABILITY OF THE PRODUCT AND/OR SERVICE, IN WHOLE OR IN PART, TO ANY PERSON/ORGANIZATION OR BUSINESS, GEOGRAPHIC AREA AND/OR JURISDICTION APPLICABLE, AT ANY TIME AND IN COMPANY'S SOLE DISCRETION. COMPANY'S PRIVACY POLICY DOES NOT COVER THE INFORMATION PRACTICES OF OTHER COMPANIES AND ORGANIZATIONS WHO ADVERTISE COMPANY'S SERVICES, AND WHO MAY USE COOKIES (DEFINED BELOW) AND OTHER TECHNOLOGIES TO SERVE AND OFFER RELEVANT ADVERTISEMENTS. SEE COMPLETE LIMITATION OF LIABILITY PROVISION AND DISCLAIMER, AND PROHIBITED USE REQUIREMENTS CONTAINED IN THE PRODUCT AND/OR SERVICE LICENSE AGREEMENTS.

(f) MISCELLANEOUS: If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy. The insertions of headings are for convenient reference only and are not to affect the interpretation of this Privacy Policy.

(g) CONTACT INFORMATION: If You have questions or concerns regarding Company's policy or practices, please contact Company's privacy officer by email at privacy@trackem.com or at the following address: 20 Roy Boulevard, Unit 15, Brantford, Ontario, N3R 7K2, Canada.

(h) EFFECTIVE DATE: This Privacy Policy is effective as of the Effective Data as defined in the License Agreements.

2. COLLECTION OF USER INFORMATION INCLUDING PERSONAL INFORMATION

(a) DISCLOSURE OF COLLECTION: Within this section of the Privacy Policy, Company will provide You with notice that Your information is being collected when You first sign in to the Product and/or Service. In the section of this Privacy Policy entitled “Data Management”, Company will be describing the manner in the section of this Privacy Policy entitled “Data Usage”, You will also be notified about the nature for which the data will be used, how Company processes the data, and how Company works with third party service providers who will assist Company to process the data.

(b) COLLECTION OF PERSONAL INFORMATION: When You use the Product and/or Service, Company stores certain information about Your device and Your activities that You provide to Company and that Company automatically collects, including:

(i) REGISTRATION INFORMATION: Your user registration information which includes the following personal information (“Personal Information”): first and last name, email address and photograph if You supply one to Company as Your personal avatar;

(ii) TECHNICAL INFORMATION: technical information about Your device, including, but not limited to, the type of device, OS version, GPS location (including the latitude, longitude or altitude of your device) and the time it was recorded, data, time zone, IP address, internet provider, unique mobile device identifier, other browser information (e.g., size, connection speed and connection type. GPS location data is deidentified and anonymized upon the termination of this Agreement or the cancellation of your user account.

(iii) USER PREFERENCES COLLECTED AUTOMATICALLY: Your User Preferences which Company will collect and determine automatically through Cookies and traffic data as described below;

(iv) USER PREFERENCES SUPPLIED BY YOU: Your user experience preferences and settings (time zone, language, etc.), as well as content and usage preferences (collectively, the “User Preferences”); and

(v) CONTENT SUPPLIED BY YOU: Company collects content that You upload, post, and/or share to Company's Product and/or Service which includes Company's Social Media Services.

(c) METHODS OF COLLECTION

We may collect electronic information from You from the following sources:

(i) COLLECTION OF INFORMATION AT REGISTRATION. Registration is required if You want to use the Product and/or Service. You may need to register twice, once to the Digital Distributor and a second time after You have downloaded the Product and/or Service from the Digital Distributor, using Your electronic device. As part of this registration, Company will require that You submit certain information that is relevant to the purposes of the Product and/or Service and for billing.

(ii) COLLECTION THROUGH SOCIAL MEDIA: If You are logged into social media websites or applications (such as Facebook, Instagram, Twitter, among others, and individually and collectively, “Social Media Services”) on pages and/or locations that are related to Company's Product and/or Service, Company may receive information from such Social Media, in which case Company may collect and store information identifying Your account with the Social Media Services;

(iii) COLLECTED THROUGH COMPANY’S COMMUNICATIONS WITH YOU: via email or through the Product and/or Service, through messages or transaction information relating to Your use of the Product and/or Service, through other End-User-generated content provided to Company in the normal course of Your use of the Product and/or Service, including but not limited to communications related to registration, evaluations, internal surveys, feedback information, usage information, correspondence with Company through technical support tools and/or email, by and Traffic Data (as described within this Privacy Policy);

(iv) COLLECTED AUTOMATICALLY THROUGH ANALYTICS TOOLS: Company may collect and store information (including Personal Information) locally on Your device using mechanisms such as Product and/or Service data caches, “Cookies” (cookies, pixel tags or other similar technologies which are small data files that are stored on an End-User's device for record-keeping purposes that track where You travel on the Product and/or Service and what You look at, on single sessions or cumulated over time. Although Cookies are used by most major Product and/or Services and are accepted by default by most Product and/or Services, it may be possible to disable Cookies via Your settings), and through "traffic data" which collects the, route and destination of users and information on and through Company's Product and/or Service, as well as cookies that are stored temporarily on Your device. The Product and/or Service may from time to time implement other third-party analytics services that also use cookies. We will ensure that no personally identifiable information is included in those cookies. If the use of cookies by any service provider differs materially from the practices already listed, we will revise this document accordingly and notify existing customers of the change(s). Other cookies created by the Product and/or Service are used to secure your login session and to help ensure the security of your account. Such cookies are unrelated to the aforementioned traffic analysis and are never shared with third parties.

(d) PROCESSING OF COLLECTED INFORMATION

In the section of this Privacy Policy entitled “Data Usage”, You will also be notified about the nature for which the data will be used, how Company processes the data, and how Company works with third party service providers who will assist Company to process the data.

3. DATA MANAGEMENT

(a) VALIDATION AND CHANGES TO THE COMPANY'S END USER-INFORMATION

(i) VALIDATION: Company will validate the Personal Information to the best of its ability. Company will validate Personal Information wherever possible and any discrepancies discovered shall be corrected.

(ii) REVIEW OF INFORMATION AND INDIVIDUAL ACCESS. The Company relies on You to ensure that the Personal Information You enter into Company's system is as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. Until the Personal Information Removal Date (as defined below), You may review or update Your Personal Information by submitting a request to review or update Your Personal Information to privacy@trackem.com indicating that You are requesting such review or update, subject to the identity verification process set out below, and with the understanding that the Company may make changes to Your Personal Information to meet the technological requirements of Company's networks and media. Unless required to comply by law, Company may reject access or modification requests that are unreasonably repetitive, require disproportionate technical effort, risk the privacy of others, or would be extremely impractical. Where Company can provide information access and correction, and when required by law, Company will do so for free.

(iii) REMOVAL OF YOUR PERSONAL INFORMATION BY US OR BY YOU: At any time and up to seven (7) years after Your License Agreements with Company have been terminated or the maximum time period allowed by Applicable Law as described below, whichever is longer (this is the “Personal Information Removal Date”) the End User may request a copy of all of the End-User’s User Data from the Product and/or Service. After the Personal Information Removal Date, or upon Your specific request to privacy@trackem.com to delete the Personal Information, such Personal Information shall be deleted by Company within a reasonable period, unless:

a. INFORMATION MAY BE RETAINED UNTIL A SYSTEM-WIDE BACKUP IS PURGED: such data may continue to temporarily persist in Company's system-wide business recovery back-ups (if any) until such time as the system-wide business recovery backup is deleted and replaced with data that does not include data collected during Your agreement term; however, You have no expectation of data retention whatsoever and acknowledge that backing up of Your own data is Your responsibility; or

b. INFORMATION MAY BE RETAINED IF REQUIRED TO COMPLY WITH LAW: such data may continue to temporarily persist to the extent that such information is required to be retained for compliance with Applicable Law (for example, to prevent, investigate, or identify possible wrongdoing in connection with the Product and/or Service or to comply with legal obligations) and until such time as such information is no longer required for this purpose, however, You acknowledge that recovery of data is not permitted by You from within this system under these circumstances unless Company is required and compelled to do so by law, and in such event, at Your sole expense.

(iv) CHANGE REQUESTS MAY REQUIRE IDENTITY VERIFICATION ON YOUR PART: When updating Your Personal Information, Company may ask You to verify Your identity before Company can act on Your request.

(v) TRACKING YOUR PREFERENCES. Company will capture and manage all End-User and Client privacy preferences. To change any privacy preferences, End-Users or Clients should submit such changes to privacy@trackem.com. Any change to preferences will not be retroactive and will only be applicable to User Data collected after the change in preference is received by the Company.

(b) STORAGE AND RETENTION

(i) STORAGE LOCATION. Your data is currently stored in Canada and it is managed by the Company. In addition, foreign storage locations, if any, that may process or store Your data, will be listed and updated within the section this Privacy Policy, entitled “LIST OF THIRD PARTY PROVIDERS AND END-USER DATA STORAGE PROVIDERS”. Any such transfers will also be subject to audit and tracking requirements set forth in this Privacy Policy.

(ii) DATA RETENTION:

a. OF NON-PERSONAL INFORMATION: Data that is non-Personal Information may be kept by Company for an indefinite period however, this does not constitute a guarantee that Company will keep the data indefinitely. If a User or Client would like to ensure that data is indefinitely kept, that can be requested, upon written agreement of the parties of a custom services plan. This data will primarily be used in aggregate and anonymized format to drive business intelligence and analytics.

b. OF PERSONAL INFORMATION: Personal Information data will be kept until the Personal Data Removal Date (as defined above), with such deletion to be initiated by Company or by the User, in the manner described above in the section entitled “Removal of Personal Information By Company or by You.”

c. DATA RECOVERY BY YOU: Other than information that Company is required to retain and provide to You by law, You should have no expectation of data retention whatsoever. From time to time the Company will create a backup of all data in the Company’s system. This backup is for use by the Company only in the case of disaster recovery or to maintain business operations in the case of an emergency. No data will be backed up (except for such disaster recovery purposes and Company's internal usage). Backing up of Your own data is Your responsibility.

d. DATA RESTORES: The Company will not restore data unless it is available and then only if the Company determines, in its sole discretion that a data recovery is necessary.

e. PERIODIC AUDIT. Company will perform routine audits at its sole discretion or on a schedule as required by Applicable Law to confirm deletion of the data has occurred in the manner described above in the section entitled “Removal of Personal Information By Company or By You.”

(c) SECURITY MEASURES: Company takes Your privacy very seriously. If You have a security related concern, please contact Company at the contact details provided above. Company will work closely with You to ensure a quick and personal response to Your concerns. In addition, Company restricts unauthorized access through protective policies, procedures, and technical measures, including:

a. SAFEGUARDS PROVIDED BY YOU: To keep Your Personal Information secure, You are required to safeguard Your End-User name and password information in accordance with the License Agreements.

b. SAFEGUARDS PROVIDED BY US: Company will provide physical and electronic safeguards with regard to the storage of Personal Information as required by law, however, and pursuant to disclaimer provided in the License Agreements, You understand that in order for the Company to operate the Product and/or Service, End-User Data may be transmitted by You to the Company over the internet, public networks or otherwise, and You acknowledge that that no such data transmission can be guaranteed to be completely secure, and that, beyond Company's requirements to provide a warranty on information security as required by law, Company cannot warrant the security of any information You transmit to us, and that You do so at Your own risk.

c. ACTIONS IN THE EVENT OF DATA BREACH. A “Data Breach” is defined as any non-authorized access to the storage locations of the data, or access to a storage location by an individual that is potentially suspected of having performed non-authorized activities. In the case where a Data Breach has occurred, if the Company believes that the breach creates a real risk of significant harm to the end-users, the End-User and Client will be notified in the manner as required by law, and all details regarding the impact to the End-User and Client will be shared.

(d) TRAINING COMPANY’S STAFF IN DATA MANAGEMENT:

a. TRAINING OF COMPANY’S STAFF FOR HANDLING PERSONAL INFORMATION: Company's employees and contractors are required to adhere to standards and policies to ensure that Personal Information is secure and treated with the utmost care and respect. Furthermore, Company limits access to Your Personal Information to those employees or contractors who Company reasonably believe need to come into contact with that information in order to do their jobs and Personal Information will only be reviewed if anonymize of otherwise accessed on a “need-to-know” basis.

b. EMPLOYEE COMPLIANCE. All employees must read, and attest to having read this Privacy Policy. Furthermore, as this Privacy Policy is evergreen, any time material changes are made to the document, employees will need to attest to having read and understand the changes to the document. From time to time, training shall be provided to employees on this Privacy Policy and privacy issues required to be compliant with the applicable law.

4. DATA USAGE SCHEDULE TO THE PRODUCT AND/OR SERVICE LICENSE AGREEMENT

(a) USE AND DISCLOSURE OF PERSONAL INFORMATION. Company will not use or disclose Personal Information other than the purposes identified below (individually and collectively, the “Purpose”):

(i) TO COMMUNICATE WITH YOU AND TO PROVIDE CUSTOMER SERVICE: To Provide Customer Service and support, administrative messages, updates, and security alerts, to resolve disputes, and to troubleshoot problems;

(ii) TO IMPROVE COMPANY’S PRODUCT AND/OR SERVICE: To fulfill Your requests or Company's Product and/or Service roadmap for certain features of the Product and/or Service, to customize, measure, and improve the Product and/or Service including by analyzing trends, tracking user movements on the Product and/or Service, gathering demographic statistics about Company's user base as a whole, and to assist Company to measure Company’s performance and effectiveness of Company’s content, and to share Company's performance information with others;

(iii) TO IMPROVE COMPANY’S CONTENT AND MARKETING: Company may post Your social media content, testimonials, and other information provided by you;

(iv) TO FULFIL COMPANY’S BUSINESS GOALS: to directly or indirectly offer or provide You with Product and/or Services and services that are based on Company's analysis of Your needs as determined by Company's analytics and the analytics of Company's third-party processors, unless You opt out;

(iv) TO FULFIL COMPANY’S BUSINESS GOALS: to directly or indirectly offer or provide You with Product and/or Services and services that are based on Company's analysis of Your needs as determined by Company's analytics and the analytics of Company's third-party processors, unless You opt out;

(v) TO ENABLE COMPANY’S COLLABORATORS TO FULFIL THEIR COMPANY’S BUSINESS GOALS: Where a third party to this Privacy Policy directly or indirectly provides the Company with the ability to provide the Product and/or Service to You, Company may supply Personal Information to such Third Party in exchange for fulfilling Company's Purpose and providing corresponding value to the third party, and such third parties are listed in Section 5 of this Privacy Policy entitled “List of Third Party Processors And End-User Data Storage Providers“; third parties on the aforementioned list may be added or removed from time to time at the Company’s sole discretion, in which case, the Company will use its best efforts to update the list;

(vi) IN THE EVENT OF AN ACQUISITION OF COMPANY’S COMPANY. In the event that the Company, or all or a portion of Company's business, or one or more of its divisions, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, liquidation or another similar transaction, Your Personal Information shall be one of the transferred assets. To the extent that Company is required to do so by law, You will be notified of any changes in ownership or uses of Your Personal Information;

(vii) TO ENABLE COMPANY’S PARENT COMPANY OR AFFILIATED COMPANY’S BUSINESS TO FULFIL THEIR BUSINESS GOALS: Company may share information from or about You with subsidiaries, joint ventures, or other companies under common control, in which case Company will require them to honor this Privacy Policy;

(viii) TO ENFORCE COMPANY’S LICENSE AGREEMENTS AND TO COMPLY WITH LAW: (1) to enforce Company's rights against You or in connection with a breach by You of this Privacy Policy or the Terms of Use; (2) to investigate or respond to suspected illegal or fraudulent activity or to protect the safety, rights, or property of us, Company's users, or others; (3) to prevent prohibited or illegal activities; (4) to prevent situations involving potential threats to the physical safety of any person; or (5) when required by any applicable law, rule, regulation, subpoena, or other legal process;

(ix) TO PROCESS PAYMENTS: To use certain services on the Product and/or Service, Company may require debit or credit card account information (“Debit or Credit Card Information”). By submitting Your Debit or Credit Card Information through the Product and/or Service, You expressly consent to sharing of Your information with third-party payment processors and other third-party service providers;

(x) SURVEYS: From time to time, the Company may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy, except as specifically set forth in the rules for those contests, giveaways or promotions. From time to time, the Company may also ask you to participate in surveys designed to help us improve the Product and/or Service. Any Personal Information provided to the Company in connection with any survey will be used only in relation to that survey and as elsewhere set forth in this Policy; and

(xi) And to fulfill other purposes related to Company's Product and/or Service, subject to Your explicit consent if consent is required by law.

(b) USE OF COOKIES AND USAGE DATA: Company may use session Cookies and usage data to fulfil the Purpose, by tracking information about You as related to Your usage of the Product and/or Service, and correlating to other personally identifiable information collected while on the Product and/or Service or connected to Company's third party processors (as listed in Section 5 to this Privacy Policy entitled List Of “Third Party Providers And End-User Data Storage Providers”). Company may also use Cookies that are created by the Product and/or Service to secure Your login session and to help ensure the security of Your account.

(c) ONLINE AND MOBILE ADVERTISING. We may allow third parties to use cookies on the Product and/or Service to collect the same type of information for the same purposes as we do. Advertisers and advertising networks place advertisements on our websites and mobile applications. These companies as well as data analytics companies who service them may collect information, such as your device’s IP address, browser information, mobile device ID, and search queries as you use the Product and/or Service. These companies also may use cookies and other technologies to collect data about you when you visit our Product and/or Service. Cookies from advertising companies enable them to track your activity across various websites where they display advertisements and record and associate your activities, so they can show advertisements that they consider relevant to you. We do not have access to or control over the cookies that these third-parties use.

(d) USE OF THIRD PARTIES TO ASSIST US TO IMPROVE THE PRODUCT AND/OR SERVICE AND TO ACHIEVE COMPANY’S BUSINESS GOALS: To fulfil the Purpose, Company may share Personal Information with Company's affiliates, acquirers or third-party collaborator or vendors (as listed in Section 5 to this Privacy Policy entitled List Of “Third Party Providers And End-User Data Storage Providers”), subject to the following conditions:

(i) USE LIMITED TO SERVICE PROVIDED OR PURPOSE OF TRANSFER: Company's service providers are restricted from using Your Personal Information in any way other than for the service they are providing or as it relates to Company's Purpose fulfilled by such transfer; this includes the use of Cookies by Company's third parties so long as the use on such Cookies is to collect the same type of information for the same purposes as the Purpose.

(ii) THIRD PARTIES MUST ADHERE TO COMPANY’S STANDARDS: Company ensures that such third parties maintain reasonable and appropriate safeguards that do not breach Company's safeguards of security requirements set out In Section 3 of this Privacy Policy entitled “Data Management”, or as otherwise required by law. If the use of Cookies by any third party differs materially from the practices already listed, Company will revise this document accordingly and notify existing users of the change(s).

(e) RIGHTS TO CONTENT PROVIDED BY THE END-USER

(i) FOR INFORMATION YOU PROVIDE. By posting content on the Application (the “User Data”), the End-User and Client jointly hereby grants to the Company a worldwide, non-revocable, non-exclusive, perpetual, royalty-free, and sub-licensable right to use, create derivative works of, modify, and to distribute (including without limitation, distribution online, through multiple channels, and bundled with other applications or materials) such content, and further, the agrees to waive any moral rights to such User Data, and agrees that the Company may modify or adapt the User Data in order to transmit, display or distribute it over other applications and in various media. The Client and/or End-User agrees that the Client and/or End-User will individually and jointly defend, indemnify and hold harmless the Company from and against any Claims (as defined in the Agreement) arising from the nature of the content submitted and/or the ownership of End-User Data and any claims of infringement of third-party intellectual property related to such End-User Data.

(ii) FOR INFORMATION WE AUTOMATICALLY COLLECT. Company Collection and Analysis of Data. The Company creates benefit to all of its Clients and End-Users by analyzing the Company Data for the purposes of Product and/or Service improvements. The Client and/or End-User agrees that the Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Company Product and/or Services and related systems and technologies, and the Company will be free (during and after the Initial Term or subsequent Renewal Term) to (i) use such information and data to improve and enhance the Company Product and/or Services generally, (ii) for other development, diagnostic and corrective purposes in connection with the Product and/or Services and Services, and (ii) disclose such data solely in aggregate, anonymous, and non-identifiable form that is in no way connected Client and/or End-User or its business.

5. LIST OF THIRD-PARTY PROVIDERS AND END-USER DATA STORAGE PROVIDERS - Zoho Corporation - Amazon Web Services - Aptum Technologies - Shopify - Calendly

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.