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PRIVACY

POLICY

Last Modified: 1 March 2021

Advantage Foundry Network, LLC

Privacy Policy Agreement

Advantage Foundry Network, LLC is a California limited liability company (the “Company”, “AFN”,“us”, “we”, and “our”). This agreement supplements and incorporates our California Privacy Policy Agreement, Privacy Policy Agreement, Code of Conduct Agreement, and Terms of Use Agreement, all of which are found at found at www.afn.global and are incorporated herein by reference (collectively, the “Agreement”).

 

This Agreement governs your (“you”, “your”) access to and use of our all our websites, including all content, functionality (each, a “Website” and collectively, the “Websites”) and your access to and use of our

other products and services, whether paid, unpaid, or free (the “Offerings” and collectively with the Websites, “Services”).

Read Carefully

Please read the Agreement carefully before you use the Services. By accessing or using the Services, you

accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement,

you must not access or use the Services. This Agreement may be updated from time to time for reasons

such as operational practices or regulatory changes, so we recommend that you review the Agreement

when returning to our Services.

The Services are offered and available to users who are 18 years of age or older. By using this Services,

you represent and warrant that you are of legal age to form a binding contract with AFN and meet all of

the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access

or use the Services.

Changes to the Agreement

We may revise and update these Agreement from time to time in our sole discretion. All changes are

effective immediately when we post them and apply to all access to and use of the Services thereafter.

 

Your continued access or use of the Services following the posting of revised Agreement means that you

accept and agree to the changes. You are expected to check this page from time to time so you are aware

of any changes, as they are binding on you.

Collection of your Personal Data

Usage information: We automatically record audio and video of the Services and information about your

usage of the Services, including actions taken, date and time, frequency, duration, quantity, quality,

network connectivity, and performance information related to logins, clicks, messages, contacts, and other

feature usage information (“Usage Information”).

 

Device information: Our servers automatically record certain information when you use the Services,

including your IP address, operating system type and version, client version, IP addresses along the

network path, and the MAC address of your internet connection (“Host Information”), as further detailed in the “Passive Collection” section below.

User-Generated Information: Other information you upload or submit while using the Services, as further detailed in the “User generated Information” section below. 

 

User-Generated Information 

We collect and retain Personal Data and other information you upload or submit while using the Services 

(“User-Generated Information”), including information related to messages, such as message content, sender and recipients, date, time and read receipts; and content shared, such as files and file names, sizes,

and types. All messages and content you upload or submit while using the Services, including Personal

Data about you or others, will be available to the Company.

Passive Collection

The Company and our third-party service providers automatically collect some information about you

when you use our Services, using methods such as cookies and tracking technologies (further described

below). Information automatically collected includes IP addresses, browser type, Internet service provider

(ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating

system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the

Services.

Processing of your Personal Data

We use your Personal Data only in accordance with our Privacy Policy and Terms of Use. If you do not

wish us to continue using your Personal Data in this manner, you must not use the Services.

We only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing

include consent, contractual necessity (i.e., processing that is necessary for the performance of a contract

with you) and our “legitimate interests” or the legitimate interest of others.

When you use the Services, we process Personal Data for These Purposes

  • Improving your experience with and value of the Services;

  • Personalizing, improving or operating our Services and business;

  • Fulfilling requests you make related to the Services;

  • Protecting, investigating and deterring against fraudulent, harmful, unauthorized or illegal activity;

  • Providing reports based on information collected from use of the Services;

  • Providing support and assistance for the Services;

  • Providing the ability to contact you and provide you with information;

  • Providing customer feedback and support; and

  • Complying with our contractual and legal obligations, resolving disputes, and/or enforcing our agreements.

 

We process Personal Data when you visit the Services

  • To keep you up to date on the latest announcements, updates, system enhancements, specialoffers, and other information;

  • To provide customer feedback and support;

  • To provide and administer marketing or promotional activities on the Services; and

  • To provide you with information and offers from us.

 

Choice

You may choose whether to provide Personal Data to the Company, but you may be unable to access

certain options, offers, and services if they require Personal Data that you have not provided.

You may sign up, and by doing so you consent, to receive email or newsletter communications from us. If you

would like to discontinue receiving these communications, you may update your preferences by using the “Unsubscribe” link found in such emails or by contacting us using the information in the “Contact Us” section of this policy.

Data Subject Rights

You have certain rights with respect to your Personal Data as set forth below. Please note that in some

circumstances, we may not be able to fully comply with your requests, or we may ask you to provide us

with additional information in connection with your request, which may be Personal Data, for example, if

we need to verify your identity or the nature of your request. In such situations, however, we will still

respond to let you know of our decision.

 

To make any of the following requests, contact us using the contact details referred to in the “Contact Us” section of this policy.

  • Access: You may request more information about the Personal Data we hold about you, includingour purpose for holding such Personal Data, the source from which we obtained such PersonalData, or the types of third parties, if any, with which we have shared such Personal Data. You may also request a copy of the Personal Data.

  • Rectification: If you believe that any Personal Data about you that we are holding is incorrect or incomplete, you may request that we correct or supplement such data. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.

  • Objection: You may contact us to let us know that you object to the collection or use of your Personal Data for certain purposes.

  • Erasure: You may request that we erase some or all of your Personal Data from our systems. If would like your Personal Data deleted, please contact directly the Company about deleting information.

  • Restriction of Processing: You may ask us to restrict further processing of your Personal Data.

  • Portability: You have the right to ask for a copy of your Personal Data in a machine-readable format. You may also request that we transmit the data to another entity where technically feasible.

  • Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of the Services.

Under certain circumstances we will not be able to fulfill your request, such as if it interferes with

our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable

timeframe and provide you an explanation. In order to make such a request of us, please contact us

as specified in the “Contact Us” section.

Data Retention

How long we retain your Personal Data depends on the type of data and the purpose for which we process

the data. We will retain your Personal Information for the period necessary to fulfill the purposes outlined

in this Privacy Notice unless a longer retention period is required or permitted by law.

 

Cookies and Tracking Technologies

The Company and our partners use cookies or similar technologies to analyze trends, administer the

Services, track visitors’ movements around the Services, and gather information about our visitors, such

as location information based on IP addresses. Visitors may control the use of cookies at the individual

browser level but disabling cookies may limit your ability to access or use the Services.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of

Services and web applications and services (including behavioral advertising services) that you do not

wish such operators to track certain of your online activities over time and across different Services. The

Services does not support Do Not Track requests at this time, which means that we collect information

about your online activity both while you are using the Services and after you leave our properties.

Sharing your Personal Data

We do not sell or rent your Personal Data to third parties for any purposes, including marketing.

We share Personal Data within the Company and its affiliated companies, and with third-party service

providers for purposes of data processing or storage.

We also share Personal Data with business partners, sponsors, service vendors and/or authorized third-

party agents or contractors in order to provide requested services or transactions, including processing

orders, processing credit card transactions, and providing customer support. We provide these third

parties with Personal Data to complete/utilize the requested services or transaction.

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is

typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were

acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that

is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any

acquirer of us or our assets may continue to use your Personal Data as set forth in this policy. As required

by law, we may respond to subpoenas, court orders, or similar legal process by disclosing your Personal

Data and other related information, if necessary. We also may use Personal Data and other related

information to establish or exercise our legal rights or defend against legal claims.

We collect and possibly share Personal Data and any other additional information available to us in order

to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving

potential threats to the physical safety of any person, violations of the Company’s Terms of Use, or as

otherwise required by law.

While navigating the Services, you may be directed to content or functionality that is hosted by a third

party. When information is collected on behalf of the Company exclusively, the Company’s Privacy

Policy will be referenced and will govern how your information is used. For other, non-Company sites or

services, the site/service owner’s privacy policy will be referenced. You should review such third party’s

privacy and security policies prior to use.

Security of your Personal Data

The Company is committed to protecting the Personal Data you share with us. We utilize a combination

of industry-standard security technologies, procedures, and organizational measures to help protect your

Personal Data from unauthorized access, use or disclosure. We use nationally recognized third parties for

all payment transactions to offer protection for such transactions.

We recommend you take every precaution in protecting your Personal Data when you are on the Internet.

For example, change your passwords often, use a combination of upper and lower-case letters, numbers,

and symbols when creating passwords, and make sure you use a secure browser. If you have any

questions about the security of your Personal Data, you may contact us as specified in the “Contact Us” section.

Linked Services and Third-Party Services

Our Services and services may provide links to other, third-party Services and services which are outside

our control and not covered by this policy. We encourage you to review the privacy policies posted on

such (and all) sites you visit or services you use.

Transfer and Storage of Personal Data

The Company is located in the United States. Any information you provide to us will be transferred to

and accessed in the United States. In some cases, your information may be accessed from countries

outside the United States, including when you consent to such access, when such access is required in

order for us to provide you with our products or services, and when such access is required to provide

product or service support or gain insight into the usage patterns of our products and services. When your

information is transferred to the United States or other countries, you may not have the same rights and

protections as you do under your local law. All international transfers of your information will be done in

accordance with applicable law. If you are a resident of the European Economic Area and have a concern

about the way we process and access your information and we are unable to resolve your concern, you

have the right to lodge a complaint with your local data protection agency.

Contact Us

To address your individual rights or if you have any privacy-related questions or comments related to this

privacy policy, please send an email to privacy@afn.global.

 

California Privacy Rights: California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request the address above.