The Surefyre products and Services, including but not limited to one or more Surefyre APIs or Surefyre Applications, (collectively, the “Products”), are operated and presented to users by Surefyre, Inc., a Delaware corporation (“Surefyre”, “we”, “us”, “our”).  This Privacy Policy explains how Surefyre collects, uses, and shares your personal information, and the choices that are available to you.  This Privacy Policy applies to all who use our website, the Products, or use any of the online services, applications, or tools that we own or control, regardless of how you access or use them (collectively, the “Services”).  This Privacy Policy is incorporated into our Terms of Use, which also apply when you use the Services.  Capitalized terms used but not otherwise defined herein shall bear the same meaning as used in the Surefyre, Inc. Terms of Use www.surefyre.co/termsofuse.

            Surefyre is committed to ensuring that your privacy is protected.  Should Surefyre ask you to provide certain information by which you can be identified when using the Services, then you can be assured that it will only be used in accordance with this Privacy Policy.  Please read this Privacy Policy carefully.  By using the Services you agree to the collection, storage, processing, and use of Personal Information (as defined below) in accordance with this Privacy Policy.

            This Privacy Policy only covers information provided in connection with the Surefyre website (“Site”), Products, and Services.  The Surefyre Site may contain links to other, unrelated websites.  This Privacy Policy does not address the policies or practices of any third parties, or any third-party websites or features that are linked to or available from the Site.  Once you have used these links to leave the Surefyre Site, we have no control over and are not responsible for the protection and privacy of any information which you may disclose or which is obtained by visiting such websites. 

I.                   WHAT WE COLLECT

For purposes of this Privacy Policy, “Personal Information” means information that specifically identifies you or, when combined with other information we have, can be used to identify you.  Personal Information may include, but is not limited to, your name, email address, phone number, and payment information.

Information that You Provide to Us

You (or the entity you are authorized to represent) may provide Personal Information to us when you purchase, download, or install our Products; use the Services; interact with our customer service representatives; or communicate with us.  In some cases, if you choose not to provide us with the requested Personal Information, you may not be able to use some or all of our Services.

The information may include:

●       Contact information (such as your name, post codes, phone number and email address);

●       General demographic information (such as your physical address, total number of employees, company annual revenues, industry, preferences, interests, and other information relevant to customer surveys and offers);

●       Payment information (such as credit or debit card number, expiration date, CVV, billing name and address).  We do not store any payment card information.  All payment card information is stored by our trusted third-party payment processors;

●       Marketing information (such as your contact preferences);

●       Surefyre Product or Services login information (such as your email address, username, or hashed password);

●       Troubleshooting and support data (data that you would provide to us or we otherwise collect in connection with support requested by you or when you connect with us through our support tools.  This may include data logs, your name and contact information, communication logs between you and us, and information about the Products and Services that you are using).

Information that We Collect Automatically

We may also collect certain information about you, your device, and your interaction with the Site, Products, and Services.   We may also use commonly-used information gathering tools such as cookies and log data to gather information.

This information may include:

●       Device information: We collect information about your device and how you connect to our Products and Services, such as your IP address, your operating system, your Internet Service Provider (ISP), device type or model, location, browser type and version, your preferred language, and other system settings and other information about your system and connection.

●       Usage date: In connection with the Services, we collect information about the date and time you visited the Site or Services, how you are interacting with the Services, pageviews and navigation on the Site, the links that are clicked, and ad blocker status.

●       Log data: As with most online services, we gather Personal Information about your interacting with our Services and store it in our log files.  We may also use cookies, web beacons/pixel tags, and other similar technology to collect Personal Information about you when you visit our Site or use the Services.  For example, we may use log data to monitor the regions from which customers and visitors navigate the Site.  Log data may also be used to confirm a customer’s identity when the customer uses the Site, Products, and Services.

Information We Receive from Other Sources

We may also receive information about you from other sources such as of third-party partners and vendors (e.g. Invoiced, Mail Chimp), entities that migrate their customer information to us, our marketing partners, and other third-party data providers who have the rights to provide us with your information.

Examples of Personal Information that we may receive from third-party sources include, your name, email address, username, access credentials, and certain other information that may be available on or through your Facebook, Google, LinkedIn, or Twitter account. For the privacy practices of these third-party services, please refer to their privacy policies here: Facebook (https://www.facebook.com/privacy/policy/), Google (https://policies.google.com/privacy), LinkedIn (https://www.linkedin.com/legal/privacy-policy), and Twitter (https://twitter.com/en/privacy).

II.                HOW WE USE THE INFORMATION WE GATHER

We use the Personal Information we collect or receive for various purposes and on the legal bases identified below, including to:

●       operate, maintain, and improve the Services and overall customer experience;

●       complete a purchase or license of a Surefyre Product or Service, at your request;

●       process payments for Products and Services;

●       understand your needs and to better tailor the Surefyre Products and Services;

●       develop or improve future functionality of the Surefyre Products and Services;

●       provide customer service and support (for example, communicating with you or responding to requests or inquiries);

●       communicate and provide additional information that may be of interest to you about Surefyre, its partners, its affiliates, and information about promotions or events;

●       identify your preferences, so that we can notify you of special offers or information about products which we think may be of interest to you;

●       validate your ability to access certain Products and Services;

●       send you reminders, updates, support, administrative messages, service-related announcements, marketing messages, and requested information;

●       perform analytics and conduct customer research;

●       manage our everyday business needs, such as administration of the Services, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Use, or to comply with applicable law;

●       meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other applicable legal mechanisms;

●       provide information to our representatives and advisors, such as accountants and attorneys, to help us comply with legal, accounting, or security requirements in reliance on our legitimate interests;

●       prosecute and defend a court, arbitration, or similar legal proceeding;

●       respond to lawful requests by public authorities and data protection authorities; or

●       combine and anonymize with other user information to create aggregate, anonymized statistics that we may use to improve the Services in reliance on our legitimate needs.

We collect and process your Personal Information as a data controller when we have a legal basis to do so, including when our use is:

●       in accordance with your consent (for example, when you purchase or license a Product or Service);

●       in our legitimate interest as a commercial organization (for example, in order to make improvements to our Products or Services and to help you with customer service request);

●       necessary to fulfill a contractual agreement (for example, in order to process a payment for a Product or Service);

●       necessary to comply with relevant legal or regulatory obligations we may have (for example, where we are required to provide Personal Information to a court or other governmental agency).

III.              HOW WE SHARE YOUR INFORMATION

We may share your Personal Information as required or permitted by law as follows:

●       with any of our affiliates, who may only use your Personal Information for the purposes described in this Privacy Policy;

●       with our vendors who provide services for us on our behalf, such as processing payment orders for Products and Services, data storage, assistance with direct marketing and distribution of emails and other communications, fraud prevention services, and to accomplish the other purposes for collection described above;

●       in the event that we or any of our affiliates file for bankruptcy, or where there is a transfer of ownership (or assets) in connection with a proposed or consummated corporate reorganization           of Surefyre or any of its affiliates, such as mergers, acquisitions, or sales of business units;

●       to comply with legal orders and lawful governmental requests;

●       to combat fraud or criminal activity, and to protect our rights or those of our affiliates, customers, and business partners, or as part of legal proceedings affecting Surefyre;

●       in response to a subpoena, court order, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate; or

●       with your consent.

Except as stated within this Privacy Policy, Surefyre will never rent, sell or otherwise make Personal Information available to any third parties.

IV.             COOKIES AND OTHER TRACKING TECHNOLOGIES

A cookie is a small file which asks permission to be placed on your computer’s hard drive.  Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site.  Cookies allow web applications to respond to you as an individual.  Surefyre tracks cookies as part of the Personal Information collected. 

Overall, the information collected through cookies and other tracking technologies helps Surefyre provide you with better Surefyre Products and Services by enabling us to monitor which web pages are visited the most.  A cookie does not give Surefyre access to your computer or any information about you other than the data you choose to share with Surefyre.  Most web browsers automatically accept cookies but you may modify your browser features to decline cookies.  If cookies are declined, you may not have full access to the Surefyre Site, Products, or Services.

Surefyre’s Site, Products, and Services may be tailored to your needs, likes and dislikes by gathering and remembering Personal Information.  Surefyre uses traffic log cookies to identify which pages are being used.  We may then analyze data about web page traffic and improve the Surefyre Site and tailor it to individual customer needs.  Surefyre uses cookies to enable a user to properly use and access the Products and Services and for statistical analysis purposes; the Personal Information collected through use of cookies is removed from Surefyre’s servers once the user’s session or analysis is completed.

We use the following types of cookies:

Necessary Cookies

Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies. (Strictly Necessary tracking technology).

Preference Cookies

Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in. (Functionality related tracking technology).

Statistic Cookies

Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. (Performance related tracking technology).

Marketing Cookies

Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers. (Social Media cookies and Targeting/Advertising cookies).

If you would like more information about the specific cookies we use, please contact us.

Information for California residents: Although we do not sell personal information, the information transferred to service providers via preference, statistic, and marketing cookies may constitute a “sale” under the California Consumer Privacy Act.  In order to opt out of the “sale” of your personal information, turn off the preference, statistic, and marketing cookies when you visit our Site or use our Services.

Do Not Track:  We are required by certain state laws to disclose whether we honor “Do Not Track” settings in your browser.  Surefyre complies with the terms of this Privacy Policy and we do not alter our data collection and use practices in response to Do Not Track signals.

V.                BEHAVIORAL REMARKETING

Surefyre uses remarketing services to advertise on third party web sites to you after you visited our Site. We, and our third-party vendors, use cookies to inform, optimize and serve ads based on your past visits to our Site.  We may use the following service providers:

Google

●       Google AdWords remarketing service is provided by Google Inc.

●       You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

●       Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

●       For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

Twitter

●       Twitter remarketing service is provided by Twitter Inc.

●       You can opt-out from Twitter’s interest-based ads by following their instructions: https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads

●       You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy

Facebook

●       Facebook remarketing service is provided by Facebook Inc.

●       You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/adpreferences/ad_settings/?entry_product=settings_ads_page_redirection&hide_left_rail=1

●       To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://accountscenter.facebook.com/ad_preferences

●       For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/policy

You may be able to opt-out of ads from participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

We have no control over or responsibility for the privacy practices of any third-party services.  If you provide any information to any third-party (e.g., payment processor providers), different rules regarding the collection and use of your Personal Information by such third parties may apply.  As such, we strongly recommend that you review any third-party’s privacy policies before providing information to them.  You should contact these entities directly if you have any questions about their privacy practices.

I.                   SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorized access, use, alteration, destruction, or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.  However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you or received from others.

You are responsible for maintaining the confidentiality of any login information.  We do not have access to the passwords used to access your Surefyre Products or Services and cannot resend a forgotten password.  If you believe that your login information has been lost or compromised, please see our site for instructions on how to reset your password.

II.                CONTROLLING YOUR PERSONAL INFORMATION

You may choose to restrict the collection or use of Personal Information.  If you have previously agreed to Surefyre using your Personal Information for direct marketing purposes, you may change your mind at any time by writing to us at Surefyre, Inc., 3053 Fillmore St. #346, San Francisco, CA 94123 or emailing us at contact@surefyre.co.

Surefyre will not sell, distribute or lease your Personal Information to third parties unless we have your permission or are required by law.  Surefyre may use your Personal Information to send you promotional information about third parties which we think you may find interesting.  You may opt out of receiving these promotional communications by writing to us at Surefyre, Inc., 3053 Fillmore St. #346, San Francisco, CA 94123 or by clicking the “unsubscribe” link at the bottom of Surefyre’s marketing emails.  Please note that even if you unsubscribe from commercial email messages, we may still email you non-commercial (transactional) emails related to your purchase or license of Surefyre Products or Services.  Please allow us two business days from when the request was received to complete the removal.

Subject to applicable law, you have a right to (1) access, modify, correct, or delete your Personal Information controlled by Surefyre, (2) receive copies of the Personal Information we keep about you, (3) object to the processing of your Personal Information, and (4) have your Personal Information blocked, anonymized or deleted, as appropriate.  The right to access your Personal Information may be limited by local law requirements.  Please see the Section entitled “Your Legal Rights” below for more information.

VI.             PERSONAL INFORMATION RETENTION

Surefyre retains and stores the Personal Information only for as long as it is necessary for the fulfillment of the purpose for which the Personal Information was collected, unless otherwise authorized by applicable law.  Surefyre may retain your Personal Information even after you have closed your account if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, prevent fraud and abuse, enforce this Privacy Policy and our Terms of Use, or if requested by law enforcement.  Surefyre may retain Personal Information for as long as is necessary to provide support-related reporting and trend analysis only, but Surefyre will use reasonable efforts resolve customer support issues and trend analyses such that Personal Information may be deleted within 30 days of such written request.  Unless you opt out of such communications, Surefyre may also use your Personal Information after your account has been terminated to give you important business updates that may affect you and let you know about products and services that may be of interest to you.  We take measures to destroy or permanently anonymize Personal Information, if required by law or if the Personal Information is no longer required for the purpose for which we collected it.

VII.          CHILDREN’S DATA

Surefyre’s Site, Products, and Services are not intended to be used by persons under the age of 18.  We do not knowingly collect personally identifiable information from children under the age of 13.  By using the Site, Products, or Services, you represent that you are at least 18 years old and understand that you must be at least 18 years old in order to create an account with us and use the Site, Products, or Services.

If you are a parent or guardian and you believe that your child has provided us with Personal Information, please contact us.  If we become aware that we have collected Customer Information from a child under the age of 13 without parental consent, we take steps to remove that information from our servers.

VIII.       INTERNATIONAL USERS

Surefyre operates in and the servers used in connection with the Services are located in the United States.  If you live outside the United States (including in the European Economic Area, UK, and Switzerland), and you use the Services or provide us with Personal Information directly via the Services, your information will be handled in accordance with this Privacy Policy.  If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and store and process it there.  By using the Services or giving us your Personal Information, you are directly transferring your Personal information to us in the United States.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.  Please note that the data protection laws of the United States may not be as protective as the laws in your country.  The laws of the United States will govern the processing of your Personal Information, including any obligations of security and third-party information sharing.

In instances where we may be acting as a service provider or data processor, for example, when you transfer your customer information to us for processing, such transfer is governed by our Data Processing Addendum.

IX.             YOUR LEGAL RIGHTS

Depending on where you are located, you may have various data protection rights including:

●       The right to access – you may have the right to request Surefyre to provide you with copies of your Personal Information collected or received by us.

●       The right to correct – you may have the right to request Surefyre to correct or complete any Personal Information which you believe is inaccurate or incomplete.

●       The right to be informed – you may have the right to be informed about how your Personal Information is being used.

●       The right to delete – you may have the right to request that Surefyre delete your Personal Information, under certain conditions.

●       The right to restrict processing – you may have the right to request that Surefyre restrict the processing of your Personal Information under certain conditions.

●       The right to data portability – you may have the right to request that Surefyre transfer the Personal Information we have collected to another organization, or directly to you, under certain conditions.

●       The right to object to automatic processing – you may have the right to restrict automatic processing of your Personal Information, under certain conditions.

●       The right to opt-out – you may have the right to opt out of the sale or sharing of your Personal Information.

Please contact Surefyre at Surefyre, Inc., 3053 Fillmore St. #346, San Francisco, CA 94123 or email us at contact@surefyre.co if you would like to request details of what data Surefyre holds about you or exercise any of your data protection rights. Surefyre will respond to such request within 30 days and may request additional information from you to verify the request.  Surefyre may charge a nominal fee for the time necessary to respond to such request.  The deletion of Personal Information may lead to a deauthorization of the Surefyre Product or termination of the Services.

X.                DISCLOSURE TO CALIFORNIA RESIDENTS

The California Consumer Privacy Act of 2018, as amended (CCPA) requires certain additional disclosures for California residents.

When we use “Personal Information” in this Section XII, we mean information that identifies, relates to, or could reasonably be linked with you or your household. Personal Information does not include publicly available information (such as from federal, state, or local government records), information that is aggregated, information that cannot be reasonably linked to you, or information that is excluded from the scope of CCPA.

Additionally, in some instances, we may be acting as a “service provider” for our customers. If we receive personally identifiable information from our customers, our receipt and use of any consumer personal data is performed on behalf of customers in order to provide Services to the customers, including processing information provided by customers. If you have any questions about what personal data may be collected and how it is used in connection with our Services please contact us at contact@surefyre.co.

How we collect, use, and disclose Personal Information

To provide our Services we may collect and process your Personal Information. Subject to the limitations included in our Privacy Policy, we may share your Personal Information for business purposes with our affiliates, service providers, and partners. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to keep that Personal Information confidential and to not use it for any purpose other than performing the contract.

We have not sold any Personal Information in the past 12 months.

We may collect Personal Information from the following sources:

●       You: We collect information from you when you make an inquiry directly through our Site, when you purchase or license a Surefyre Product, or when you contact our support team when using our Services. We also collect information about how you use our Services, including the actions you take while visiting our Site or using the Services, the amount of time and frequency you visit our Site, your IP address, and your browser type and operating system.

●       Customers: We may receive information about you when a person or entity to whom you have provided personal information elects to use our Products or Services.

●       Partners: We may receive personal information about you from third party service providers who have the rights to provide us with your information.

●       Your device(s): We may collect information from and about the computers, phones, and other web-connected devices you use when you access our Site or the Services.

Below is a summary of the categories of Personal Information we may have collected over the past 12 months, depending on how you use our Site or the Services, as well as whether such category of Personal Information has been disclosed over the past 12 months for a business purpose.

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

●       To communicate with you about our Services, including information about any Products you have purchased or licensed;

●       To allow our service providers to process the Personal Information on our behalf in accordance with this Privacy Policy;

●       To customize, measure, and improve our Site or Services;

●       For use in advertising or marketing;

●       To protect against security threats, abuse, and illegal activity;

●       To comply with regulatory or supervisory audits or investigations or other legal requirements;

●       To comply with legal, accounting, or security requirements related to our legitimate interests.

During the past 12 months, we have disclosed the Personal Information with the following categories of third parties:

●       Our employees, agents, and affiliates;

●       Our service providers who help us with our business operations;

●       Third parties to whom you or your agents have authorized us to disclose your Personal Information in connection with the products and services we provide you

How can you exercise your rights under the CCPA?

Under the CCPA you have the following rights:

●       Right to opt-out of sale: you may request that we stop selling your Personal Information. We do not sell Personal Information that we collect or receive.

●       Right to know: you have the right to request that we disclose to you the Personal Information that we have collected, used, or shared, and information about our data practices.

●       Right to delete: you have the right to request that we delete Personal Information that we have collected from you.

●       Right to correct: you have the right to request that we correct any inaccurate Personal Information we maintain about you.

●       Right to limit: you have the right to limit the use and disclosure of Sensitive Personal Information we have collected about you.

●       Right to non-discrimination: we will not discriminate against you for exercising any of your rights under the CCPA.

In the event that you provided your personal data directly to Surefyre through your use of the Site or our Services, and you would like to exercise your rights under the CCPA, please contact us at contact@surefyre.co or at the address set forth in the “Contact Us” section below. We will endeavor to respond to your request within 30 days but may need to verify your identity before we can respond to your request. We may deny your request to delete your Personal Information if retaining the information is necessary for us or our service providers to:

●       Complete the transaction for which the personal information was collected, provide a good or service you requested, or take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

●       Help to ensure security and integrity to the extent use of your Personal Information is reasonably necessary and proportionate for those purposes.

●       Debug to identify and repair errors that impair existing intended functionality.

●       Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law.

●       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 that conforms or adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the ability to complete such research, if you have previously provided informed consent.

●       To enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us and which is compatible with the context in which you provided the Personal Information.

●       Comply with a legal obligation.

In the event that you choose to exercise your rights under the CCPA, Surefyre will not discriminate against you by charging you different prices or provide you with a different quality of products or services. Some of the services Surefyre provides, including access to Surefyre Products or Services, are contingent on your providing Surefyre your personal data, including, but not limited to, your name, email address, account login, and financial information connected with your purchase or license of Products and Services. We believe that the benefit of the features are reasonably related to the value of the personal data that you provide.

XI.             CHANGES TO THIS PRIVACY POLICY

The Privacy Policy is effective as of the date set forth above and applies to all information previously obtained by Surefyre.  Surefyre reserves the right to change the Privacy Policy at its sole discretion.  Surefyre users will be informed of any such change by Surefyre posting a new privacy policy on the Surefyre Site and the effective date of any change of Privacy Policy will be clearly marked.  Continued use of the Surefyre Site, Products, or Services after Surefyre has published a notice about any changes to this Privacy Policy means that you consent to the changes.  As required by law, Surefyre will not use collected information in ways that are materially different from the ones described in this Privacy Policy without also providing notification of such practices and obtaining consent to any such different uses. 

XII.          CONTACT US

Questions about this Privacy Policy, our privacy practices, if you have a concern about how we have handled personal data, or to exercise your data rights, should be directed to Surefyre, Inc., 3053 Fillmore St. #346, San Francisco, CA 94123 or contact@Surefyre.co.