Privacy Policy and Terms of Service

Notwithstanding anything else in this policy, we and/or our partners may use pixels and pixel tags, and place, read or use cookies the collect information from your device and/or Internet browser. These cookies do not contain personally identifiable information, however, it may be possible for our third-party business partners to combine it with other information in order to identify your email address or other personally identifiable information about you. For example, the cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non-human readable form.By using our Service, you agree that us and our third-party partners may store, sell, port, combine with other data, monetize, utilize and otherwise use either (i) the personally indefinable information about you that we share with them, or (ii) the personally identifiable information they discover and/or identify as described above. Visitors can also express their choices for display advertising, through the following platforms: Digital Advertising Alliance opt-out platform or the Network Advertising Initiative opt-out platform. We and/or our partners may also use cookies for delivering personalized advertising emails. These cookies are used to identify the visitors of our advertisers’ websites and send personalized emails based on the visitors’ browsing experience.We and/or our partners use cookies, pixels and other tracking technology to associate certain Internet-related information about you, such as your Internet Protocol address and what Web browser you are using, with certain of your online behaviors, such as opening emails or browsing websites. Such information is used to customize ads or content and may be shared with our partners Unveild.ai (“We,” “Our,” “Unveild.ai”) provides data marketing services (the “Services”) designed to help for-profit and not-profit organizations, and companies that work with them, to market their goods and services in a relevant and efficient way. Our solutions, many of which are described on this website, are used principally to support email marketing. We take very seriously the privacy interests of the individuals whose information we handle and maintain in our database. We provide this Privacy Policy (“Privacy Policy”) to explain how we use and manage information, and what rights consumers have to control how their information is used in marketing. To review the “Addendum” we have created specifically to address disclosures required under the California Consumer Privacy Act, please see our “ADDENDUM FOR CALIFORNIA RESIDENTS” below.We also operate corporate websites, designed for our own customers and prospective customers, and others who want to learn about our services. We address the information we collect and use for those business purposes (such as information we use to communicate with our corporate customers, and potential customers) in Section 6 of this Privacy Policy.

• Information That We Collect and Use in Our ServicesIn order to provide our Services, we receive data, including personal information, from a variety of sources, including from websites and apps that collect the information, public sources, and other data compilers. We refer to the information that we collect and process throughout this Privacy Policy as “Information” or “the Information.”The Information in our database includes various identifying information, such as:

• Personal email

• Professional email

• Information and actions associated with an email, such as whether an email has recently been in use, and amount and type of marketing or “email open” activity associated with an email

• IP address

• A cookie or device identifier, which uniquely identifies your browser or device

• Usage data related to your email interactions, such as whether you receive, open or respond to an email, and related information

• Usage data related to your website interactions, such as whether you visit or log in to a website, page visits and related information

• Demographic information, such as inferenced income or age range, household size, or home ownership

• Information regarding consumer interests, such as what type of products you may be interested in, or what types of hobbies you might have, such as whether you are a likely pet owner or a sports or art enthusiastSome of the above information may be inferred – for instance, if a household is in a particularly wealthy area, we might infer a particular income range.We may combine any of the points of Information we collect or receive with other Information. Unveild.ai also receives information through this website (and any other website we operate), and our business operations. We describe this information in Section 6.

2. How We Use the Information Unveild.ai uses the Information for various purposes, including the following. As Part of Our Services:

• Data Marketing Services. Our Services include providing marketing information to our customers, generally regarding which customers or prospective customers are most likely to be interested (or disinterested) in certain offers. We also help our customers identify and understand their customers better, by providing insights about them. Our customers include (but are not limited to) small and medium-sized businesses, ad and media agencies, brands and marketing data platforms that help their customers to market and advertise to their own customers (and prospective customers). Our customers also may include other data compilers, who work with their own customers.

• Retargeting Services. We sometimes help our customers to “retarget” marketing content to website visitors. In particular, our Services help customers send emails to people who visited or logged in to their websites by cross-referencing information such as cookie identifiers and emails for those purposes.

• Additional Marketing Services. Other Services we may provide to our customers (or help them to provide to their own customers), which may supplement the above Services, may involve (a) assisting customers to target and optimize email campaigns, display, or other marketing; (b) measuring how effective marketing campaigns have been, by determining which messages are most likely to be seen or opened by which types of consumers, or which types of ads are most likely to lead to purchases; (c) analyzing and optimizing our customers’ (or their service providers’) proprietary databases; (d) helping customers to detect and prevent fraud and provide “validation” or data hygiene services, e.g., by verifying or removing or correcting old, incorrect or outdated information or evaluating whether an email address recently has been active.To Operate Our ServicesWe also use the Information described above for our own internal purposes – such as to improve, test, update, and verify our own database; develop new products; operate, analyze, improve and secure our Services and our databases and servers.

• How We Share Information with Third Parties, including Service Providers Unveild.ai may share the Information with customers, marketing services and platforms, as well as service providers that help us to provide the Services we’ve described above (or other services we may add in the future). This includes sharing in the following ways:

• With Our Customers: As described above, we license the Information in various ways to our customers (and something to partners and resellers, who license the Information to their customer), when we provide our Services. We may sometimes share the Information with those Customers’ service providers (for instance, a provider that prints or sends mailings for a Customer).

• With Our Partners: We also may share the Information, including personally identifiable information and Audience Segments, with business and data partners to help provide more tailored targeted marketing, advertising and communications. Likewise, we may do so for analytical purposes, including to help these other parties measure campaign performance, inform future campaigns, or to handle, analyze, or segregate this Information on our or our customers’ behalf.

• With Our Service Providers: We share the Information with a variety of service providers in order to operate, protect and advertise our Services and maintain our website(s). For instance, we may share the Information with our tech, hosting and customer support providers, marketing and advertising providers, other data providers (such as to enhance or verify our Information), security vendors, payment vendors (as to our business to business information), and other companies help us deliver, secure or develop our Services.

• Corporate transfers: If Unveild.ai, its stock or its significant assets are acquired by or merged into another entity, our information will be transferred to that entity, and may be shared during due diligence in anticipation of any such transaction.

• Affiliates, parent companies and subsidiaries: Unveild.ai may share some or all of the Information in our possession with any affiliated or subsidiary companies (if we ever have any).

• As required by law or to protect any person or entity: Unveild.ai may disclose Information if we believe that such disclosure is necessary to (a) comply in good faith with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect or otherwise defend the rights, property or safety of Unveild.ai, our customers, or any other person or entity.

• Your Marketing and Opt-Out ChoicesThere are multiple ways that you can opt-out of having the Information used to market to you:

• First, you may visit our opt-out page at

https://unveild.ai/opt-out

to have your personal information removed from our database. We will then in most cases remove your personal information from our active marketing databases within 15 business days, from the time we received the opt-out request. We may in certain cases (and where legally permissible) require that you verify any of the information that you submit, such as through a verified email response or another verified response.

• If you would like to opt-out of email marketing from a particular brand (such as a customer of ours), click on the “opt out” or “unsubscribe” link in the footer (at the bottom) of the marketing email you have received.

• While we generally do not engage in “direct mail” marketing, some of our customers and partners may. If you are interested in opting our of this type of marketing — i.e., materials received in your physical mailbox — we recommend that you visit the DMA Choice website, at thedma.org. The DMA Choice service is run by the Direct Marketing Association and allows you to follow few easy steps to ensure that your marketing preferences are honored.

• To opt out of our Retargeting Services described in section 2, go to and click on the “Opt Out” bar on that page. You will need to do that from each browser that you use (because the retargeting and thus the “opt out” are cookie-based), and if you clear your browser cookies you will need to opt out again.

• If we market to you by email in our corporate capacity — such as if you are a customer or prospective customer of ours and we send information about our Services — you may “unsubscribe” from our marketing emails through a link placed in your emails.

• Cookies and Similar TechnologiesCookies and How We Use Them Unveild.ai and its business partners use certain industry-standard technologies, including cookies and similarly functioning technologies, which we describe below. We and/or our service providers use these technologies on our website, for instance, and our partners may use these technologies in their own marketing services.We may work with third parties or service providers to provide or enhance our services (e.g. for purposes of tailoring ads, or placing browser cookies), or to offer marketers ways to access or use our Information, often in de-identified form. These partners may set and access their own cookies, pixel tags, and similar technologies on your browser, which may have cookies with varying expiration periods. Those partners may likewise collect various types of information about your browser, device, or browsing activities through use of these cookies.Cookies, in turn, are small data files that contain a string of characters, such as a unique browser identifier. Cookies are stored on your computer or other device and act as tags that identify your device. Our (or other companies’) servers send your device a cookie when you visit a website. A pixel tag (also commonly known as a web beacon or clear GIF) is an invisible 1 x 1 pixel that is placed on certain web pages. When you access web pages (such as the website of a marketer), pixel tags may generate a generic notice of the visit and permit our partners (or sometimes, us) to read the cookies that a respective company or server has deployed. Pixel tags are used in combination with cookies to track the activity on a site by a particular device. When you turn off cookies, pixel tags simply detect a given website visit.We, or our service providers, and other online marketing platforms that we or they work with, may use cookies to, among other things, “remember” you, determine visitor patterns and trends, collect information about your activities on our clients’ sites, or interact with the advertising you see. Cookies are used in this way to provide relevant content to you and replace non-relevant communications with ads that better match your interests.Disabling CookiesMost web browsers are set up to accept cookies. You may be able to set your browser to warn you before accepting certain cookies or to refuse certain cookies. However, if you disable the use of cookies in your web browser, some features of our website and other services may be difficult to use or become inoperable.

• Data Collected Through Our Corporate WebsiteInformation Collected Unveild.ai collects information from users of our website(s) (including any page on which this Privacy Policy is posted), including:

• The domain name and IP address of a user’s web browser, as well as a user agent, time stamp and other information about a user’s browser or device.

• Information about what content and pages users access, utilize or visit on our website, or how they interact with our content — for instance, if they spent a certain amount of time reviewing a particular blog post or description of particular services.

• Information, including personally identifiable and contact information that you provide, which could include (for instance) survey information, sign-up information (e.g., if you sign up for our webinars, events or newsletters), requests for information, mailing addresses, and email addresses.How Unveild.ai Uses the Information We Collect Through Our WebsiteWe use the Information we collect through our website(s) to do the following:

• Create and manage your user account.

• Provide Services you have requested.

• Respond to and communicate with you (including regarding news and updates about our services).

• Send you offers and ads for our products and services, when you browse the website(s) or other companies’ websites on the Internet (such as to “retarget” you with information about our Services).

• Send you offers and ads for products and services of partner brands, or other offers we believe may be of interest to you, such as invitations to events and webinars.

• Perform data analysis (including market research).

• We may combine the Information with other information we obtain from third parties, publicly available sources, and any other product or service we provide to further improve the relevance and effectiveness of products, and advertisements offered, including (but not limited to), those provided on or through our services.

• We may use IP addresses to help diagnose problems with our servers and to administer our website(s). We may also use IP addresses to help identify visitors to our website(s) for the duration of a session and to gather demographic information about our visitors. We may use clickstream data to determine how much time visitors spend on each web page of our website(s), how visitors navigate through the website(s), and how we may tailor our website(s) to better meet the needs of our visitors. We also use this Information for compliance with our legal obligations, policies and procedures, including the enforcement of our Terms and Conditions.

• If we collect Information from “offline” sources — such as if you provide us your business card at a trade show — we will maintain that information and use it for marketing and business purposes as well.How Unveild.ai Shares the Information We Collect Through Our WebsitesWe may sometimes share or otherwise disclose the Information we collect about you, as described in this Privacy Policy or otherwise disclosed to you when you provide us with the information, including as follows:

• We may share the Information with service providers who help us deliver the services you request or we provide. For instance, we share the Information with tech and customer support providers, marketing and advertising providers, other data providers (such as to enhance or verify our Information), security and data hygiene vendors, payment vendors (as to our business to business information), and other companies that may help us deliver or develop Services.

• We may share the Information to communicate with you and market to you, including through email, direct mail or display media.

• We will disclose your PII (or other Information) if we believe in good faith that we are required to do so by law, regulation or other government authority or to protect the rights, safety or property of ourselves or any person or entity. We may also cooperate with law enforcement agencies in any official investigation and we may disclose any Information to the requesting agency in doing so.

• If we or all or substantially all of our assets, are purchased by another company (such as in a merger, consolidation, restructuring, the sale of stock and/or assets, or other corporate change or financing transaction), the Information in our possession will likely be transferred to the successor entity. We also may share the Information during the course of any due diligence process leading up to any such transaction.Our website(s) use cookies and similar technologies, both for its internal and operational purposes and to market to you (such as to retarget ads to you when you visit other sites across the Internet).

• LinksThis website may provide links to other websites that Unveild.ai thinks users may be interested in. Unveild.ai is not responsible for the privacy practices of these other sites or companies.

• Security and Data Integrity Unveild.ai takes steps to help ensure that the data we possess is housed and transmitted securely. This may include various types of physical and electronic security, including firewall protections, encryption, hashing or truncation of data, and access controls to personal information. However, you should be aware that neither we nor any platform can guarantee 100 percent safety from hacks or illegal intrusion.

• Changes to this Privacy PolicyFrom time to time, we may update this Privacy Policy. Any changes to it will become effective when it is posted to our website. Please check back to learn of any changes to this Privacy Policy.

• Storage of Information in the United StatesIf you are accessing our website from outside of the United States, your connection likely will be through and to servers located in the United States and all Information you provide will likely be processed and securely maintained in our web servers and internal systems located within the United States (we generally store the Information used in our Services in the United States). Thus, you should be aware that in accessing this website or otherwise communicating with us, the information we collect or receive from you may be subject to laws with lesser or different privacy standards than those in your own country (such as if you are in a country located in the European Union).

• Your California Privacy RightsIf you are a resident of California, the California Consumer Protection Act (CCPA) provides certain rights of disclosure, access and deletion of your Information as described below in the “Addendum for California Residents” at the end of this Privacy Policy.

• Contact Us unveild.ai has a designated privacy contact. If you have questions related to this Privacy Policy, or regarding our products or services, please contact us:privacy[at]unveild.ai. We appreciate your comments and questions regarding Unveild.ai’s privacy practices.Last updated: May 3, 2022ADDENDUM FOR CALIFORNIA RESIDENTSLast Modified: May 3, 2022NOTICE TO CALIFORNIA RESIDENTS [CONSUMERS] – CALIFORNIA CONSUMER PRIVACY PROTECTION ACT The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to residents of California. This section of the Privacy Policy applies if you are a natural person who is a resident of California (“California Consumer”) and uses our Services. This Addendum supplements the information in the Privacy Policy. However, this Addendum is intended solely for, and is applicable only as to, California Consumers: if you are not a California Consumer (or a resident of California), this does not apply to you and you should not rely on it.In the below tables and sections, we describe (as required by the CCPA):

• Our Collection of Personal Information— the types of Personal Information (which the CCPA defines broadly) that we collect, the types of sources we collect it from,

• Our Disclosure and Sale of Personal Information— the types of recipients to whom we disclose or sell Personal Information.

• Our Business Purposes — our business purposes for (a) collecting and (b) sharing Personal Information, which are generally the same.

• Your California Privacy Rights and Choices— what rights you have under the CCPA, for instance, to request that we “opt out” your information from our marketing database (also called “do not sell” rights), or to request categories and personal information that we may have collected about you.The following sets forth the categories of information we collect and purposes for which we may use California Consumers’ personal information:

• OUR COLLECTION OF PERSONAL INFORMATIONDepending on how you interact with us, we may collect about you the categories of information summarized in the table below. The following table also describes how we collect and use such categories of information.Category Categories of SourcesIdentifiers, e.g., name; alias; postal address; mobile ad or cookie identifiers; IP address; telephone number; email address; social network handles • Data compilers and consumer data resellers, informational and retail websites (“Commercial Source Categories”) • Public records and other publicly available sources • Government entities • Social networksCommercial or transactions informationE.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. • Commercial Source Categories • Public records and other publicly available sourcesInternet or other electronic network activity informationE.g., browsing history; online interests. • Commercial Source CategoriesProfessional or employment-related informationE.g., current or past job history or job title. • Public records and other publicly available sources • Commercial Source CategoriesInference DataE.g., consumer information or preferences. • Commercial Source Categories

• OUR DISCLOSURE AND SALE OF PERSONAL INFORMATIONWe will share the information collected from and about you as discussed above for various business purposes, with service providers and with third parties including our customers. The chart below how and with whom we share or disclose personal information, and whether (based on the CCPA’s definition of “sell”) we believe we have “sold” a particular category of information in the prior 12 months.Category Categories of Third Parties We Share With Whether We “Sold” This Category of Personal Information in the Last 12 MonthsIdentifiers, e.g., name; alias; postal address; mobile ad identifiers; IP address; telephone number; email address; social network handles • Data compilers and consumer data resellers, consumer goods retailers, informational and retail websites, content publishers, non-profit organizations, business-to-business services and organizations, consumer surveys and survey companies, affiliate networks (“Commercial Recipient Categories”) • Advertising networks and media platforms, political campaigns, internet service providers, data analytics providers • Social networks YesCommercial or transactions informationE.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. • Commercial Recipient Categories • Advertising networks and media platforms, political campaigns, internet service providers, data analytics providers • Social networks YesInternet or other electronic network activity informationE.g., browsing history; online interests. • Commercial Recipient Categories • Advertising networks and media platforms, political campaigns, internet service providers, data analytics providers, and social networks YesInference DataE.g., consumer information or preferences. • Commercial Recipient Categories • Advertising networks and media platforms, political campaigns, internet service providers, data analytics providers • Social networks YesInference DataE.g., consumer information or preferences. • Commercial Recipient Categories • Advertising networks and media platforms, political campaigns, internet service providers, data analytics providers • Social networks YesWe also may share any of the personal information we collect as follows:Sharing for Legal Purposes: In addition, we may share personal information with third parties in order to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of us, our platform, our customers, our agents and affiliates, its users and/or the public. We likewise may provide information to other companies and organizations (including law enforcement) for fraud protection, and spam/malware prevention, and similar purposes.Sharing In Event of a Corporate Transaction: We may also share personal information in the event of a major corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets, or for purposes of due diligence connected with any such transaction.Sharing With Service Providers: We share any personal information we collect with our service providers, which may include (for instance) providers involved in tech or customer support, operations, web or data hosting, billing, accounting, security, marketing, data management, validation, enhancement or hygiene, or otherwise assisting us to provide, develop, maintain and improve our services.Sharing of Aggregate Information: We may aggregate and/or de-identify any information collected so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, at our discretion.

• OUR BUSINESS PURPOSES FOR COLLECTING AND SHARING PERSONAL INFORMATIONGenerally speaking, we collect and share the Personal Information that we collect for the following purposes, as we also have described in our Privacy Policy and/or our website. Our Purposes for collecting, using and sharing Personal InformationData marketing services, for example: • Generally, creating data marketing tools and products for our marketer clients, as more fully described in our Privacy Policy (and on our websites). This includes our provision of datasets, data “appends” (connecting data across datasets), data “scoring” (providing inferences about potential identifiers), data hygiene services (helping customers to evaluate, validate and correct personal information they hold), and security and anti-fraud services (helping customers to identify potentially fraudulent activity). • Helping our Clients identify and understand their consumers better, by providing insights about them and managing loyalty programs, as well as providing financial and other scoring products. • Assisting our Clients through our Services to provide their current and prospective customers with better service, generally related to the above.• Creating “identity” graphs or associations between data points, to help locate users across various channels, such as based on common personal, device-based, or network-based identifiers (e.g., IP address, cookie or device identifiers, email address).Additional marketing services, for example (which may overlap with “data marketing services” above): • Assisting in targeting and optimizing of direct mail and email campaigns, display, mobile, and social media marketing. • Measuring the effectiveness of online or offline ad campaigns by determining which messages are most likely to be seen or opened by which types of consumers, or which types of ads are most likely to lead to purchases. • Analyzing and optimizing our Clients’ (or their service providers’) proprietary databases, or helping Clients to identify and mitigate potential fraud. • Providing “hygiene” or “verification” services, which is how companies update and/or “clean” their databases by either verifying or removing or correcting old, incorrect, or outdated information.Operating our Services, for example: • Testing, improving, updating and verifying our own database. • Developing new products. • Operating, analyzing, improving, and securing our Services.Other internal purposes, for example:For internal operations, auditing, research, detecting security incidents, debugging, short-term and transient use, quality control, and legal compliance.We sometimes use the information collected from our own website, from social networks, from other “business to business” interactions (such as information we collect at trade shows) or from data compilers for the above, as well as for our own marketing purposes.

• YOUR CALIFORNIA RIGHTS AND CHOICESWithout being discriminated against for exercising these rights, California residents have the right to request that we disclose what personal information we collect from you, to delete that information, and to opt-out of the sale of your personal information, subject to certain restrictions. You also have the right to designate an agent to exercise these rights on your behalf. This section describes how to exercise those rights and our process for handling those requests (to the extent permitted by applicable law, we may charge a reasonable fee to comply with your request).Sometimes, we act only as a “service provider” to our clients (for instance, if they provide information to us for analytics, processing or other data management services), in which case any consumer requests for opt-out, deletion or access to data must be made through that client: we therefore will forward any such requests to a named client, as feasible, such as where a client has been identified.

• Right to request that we “do not sell” your personal informationYou may request that we not “sell” your personal information. If you wish to make such a “do not sell” (also called an “opt out” request), please go to our “Do Not Sell” web form located at

https://unveild.ai/opt-out

. Alternatively, you may contact us by email at privacy[at]unveild.ai. When you make such a request, we will retain your information on an internal “suppression” list, so that we may remove your data from our active database in the event we obtain it again at a later date.

• Right to request deletion of your personal informationYou may request that we delete any personal information that we collected from you, such as if you have been a customer of ours (Note that this is different from your right to “opt out” of us selling your personal information, which is described above; also note that we do not generally collect personal information directly from consumers). You may make a deletion request by emailing us at support[at]unveild.ai. In our discretion, we may interpret your “deletion” request as a “Do Not Sell” request (and thus place it on a suppression list, as described above), if we in good faith believe that is what you are requesting.However, we may retain personal information for certain important purposes, such as (a) to protect our business, systems, and users from fraudulent activity, (b) to address technical issues that impair existing functionality (such as de-bugging purposes), (c) as necessary for us, or others, to exercise their free speech or other rights, (d) to comply with law enforcement requests pursuant to lawful process, (e) for scientific or historical research, (f) for our own internal purposes reasonably related to your relationship with us, or to comply with legal obligations. Additionally, we need certain types of information so that we can provide our Services to you. If you ask us to delete it, you may no longer be able to access or use our Services.

• Right to request access to your personal informationCalifornia residents also have the right to request that we disclose what categories of your personal information that we collect, use, or sell. As a California resident, you may also request the specific pieces of personal information that we have collected from you. You may make such an “access” or “right to know” request here: https://unveild.ai/request_my_data

We may withhold some personal information where the risk to you or to others’ privacy rights is too great to disclose the information. For security purposes (and as required under California law), we will verify your identity — in part by requesting certain information from you — when you request to exercise your California privacy rights. For instance, if you request specific pieces of personal information we have received about you, you may need to confirm your possession of an identifier (such as an email address) that reasonably confirms you are the person you claim to be.

• Right to non-discrimination: We will not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these rights.

• Right to “opt-out” of the sale of your personal informationCalifornia residents may opt out of the “sale” of their personal information. California law broadly defines what constitutes a “sale” — including in the definition making available a wide variety of information in exchange for “valuable consideration.”

• Information about persons under the age of 16We do not knowingly collect personal information from minors under 16 years of age in California unless we have received legal consent to do so. If we learn that personal information from such California residents has been collected, we will take reasonable steps to remove their information from our database (or to obtain legally required consent).

• Authorized agentsYou may also designate an agent to make requests to exercise your rights under CCPA as described above. We will take steps both to verify the identity of the person seeking to exercise their rights as listed above, and to verify that your agent has been authorized to make a request on your behalf through providing us with a signed written authorization or a copy of a legally sufficient power of attorney. We likewise may require that you verify your own identity, depending on the type of request you make.

Unveild Fulfillment Policy

Refund Policy

Unless otherwise specified in an individual customer contract, all fees paid to Unveild are non-refundable.

Cancellation Policy

For subscription-based services, customers must submit a cancellation request at least 20 days before the contract term ends unless otherwise stated in the customer contract. Failure to cancel within this period will result in automatic renewal for the subsequent term.

Shipping & Delivery

As Unveild provides software-based services, shipping and physical delivery are not applicable.

Return Policy

Since Unveild offers digital services, returns do not apply. Customers with concerns regarding service performance should refer to their individual contracts for resolution procedures.

Unveild Services Agreement and Terms of Service

This Services Agreement and Terms of Service (the “Agreement”) is entered into pursuant to the order form (the “Order Form”) between you (hereinafter, “Client,” “Your,” or “You”) and Unveild LLC (“Unveild,” “we,” or “us”) (together with you, the “Parties”), and it becomes effective as of the date of your signature on the Order Form (the “Effective Date”). This Agreement relies on certain defined terms, and these terms are specified in Section 9 or are otherwise defined in context. This Agreement is incorporated into the Order Form by reference and, likewise, the terms of the Order Form are hereby incorporated herein by reference, subject to the provisions of Section 8.6, below.

1. Unveild Services.

We provide a software solution, installed on your website, that provides data and analytics regarding your website visitors. This is done through a product named Unveild (the “Services”), as defined below and as more specifically identified in the Order Form. As part of the Services, Unveild may provide consulting and implementation assistance as agreed upon in one or more Statements of Work entered into hereunder.

2. Grant of Rights; Intellectual Property Ownership.

To provide the Services, we use proprietary software (“Software”), know-how and other items that together embody Unveild IP. Unveild and its licensors own the Software and analysis created thereunder (the “Reports”), and all associated intellectual property. You retain ownership of Client Information and intellectual property rights associated with such Client Information. Unveild owns the Intellectual Property associated with all the content in the Reports, including all information, artwork, text, trademarks, trade dress and report formatting. We grant you a non-transferable, royalty-free license to access and use the Reports for your internal business purposes during the term of this Agreement.

2.1. Grant of License.

Unveild hereby grants to Licensee a non-exclusive, non-transferable license to use the Software and its related Documentation during the Term of this Agreement as follows:

2.1.1. For internal purposes only, in the conducting its normal business; and

2.1.2. To copy any software data files created by the Software or for back-up or archival purposes.

2.1.3. If the software license granted herein is terminated by the Licensee or Licensor for any reason, Licensee shall have no rights in the Software.

2.2 Limitations of License.

Use of the Services and Software underlying them is limited to the Client and its vendors and subcontractors and access may not be granted to any other individual or entity without Unveild’s advanced written permission. Use of the Services shall be limited to Client’s internal business uses in its ordinary course of business. Any use exceeding this limitation shall represent a material breach of this Agreement and the license provided hereunder.

2.2. Terms of Service; Privacy Policy; Acceptable Use.

All users of the Software shall be required to review, accept, and abide by these Terms of Service, the Privacy Policy, User Guidelines and Acceptable Use Policy.

2.3.Unveild Intellectual Property Rights.

In the course of performing its duties under this SOW, Unveild may use enhancements, discoveries, processes, methods, designs and know-how, whether or not copyrightable or patentable, which Unveild conceived during the course of this and other consulting engagements. In addition, Unveild may independently develop enhancements, processes, methods, designs or know-how during the term of this engagement. The parties understand and agree that any such developed enhancements, processes, methods, designs, know-how, or other such similar matters shall not be considered works for hire and are the sole and exclusive property of Unveild and it shall have sole ownership of all such matters, including copyrights, trademarks and patents, subject only to the license granted hereunder.

2.4. Client Information; PII; Privacy Obligations.

Client agrees that it is the data controller of personal information and/or personally identifiable information (“PII”) collected or otherwise entered into its licensed accounts for the Software and/or the Services. Client grants to Unveild the right and license to make use of Client Information for the purpose of providing Services to its customers. Unveild agrees that it shall make use of PII only for the purpose of processing the PII for the purposes of providing the Services and for otherwise complying with legal and/or regulatory requirements imposed upon Unveild with respect to the PII or otherwise.

2.4.1.

Customer is responsible for all Customer Sites integrated or used with the Services, including without limitation:

2.4.1.1. Compliance with all Applicable Laws that relate to data protection and individual privacy and publicity rights; and

2.4.1.2. Posting an online privacy notice that:

2.4.1.2.1. Discloses in a legally sufficient manner how data is collected and the purposes for which data is collected and used by Customer and Unveild.

2.4.1.2.2. Includes instructions on how End Users can control the collection of data by web browsers and mobile devices and how End Users can opt out from receiving interest-based advertising.

2.4.2. GDPR.

Client shall be responsible for addressing any and all inquiries or requests from individuals regarding their PII pursuant to the General Data Privacy Directive of the European Union and the rules thereunder (the “GDPR”). Unveild agrees to cooperate in a commercially reasonable manner with the Client with respect to instructions received in writing from the Client regarding Client’s PII disclosure and/or removal obligations under the GDPR. Where the Customer Sites attract End Users from European Territories, Customer must deploy a consent and transparency mechanism (“Consent Mechanism”) on Customer Sites to obtain End User consent to Unveild placing cookies or similar tracking technologies on End Users’ browsers and/or through e-mails.

2.4.3. CCPA.

Client shall be responsible for addressing any and all inquiries or requests from individuals regarding their PII pursuant to the California Consumer Privacy Act and the rules thereunder (the “CCPA”). Unveild agrees to cooperate in a commercially reasonable manner with the Client with respect to instructions received in writing from the Client regarding Client’s PII disclosure and/or removal obligations under the CCPA. Customer must provide specific notice to California residents in the Customer’s online privacy notice that includes a link to the California Residents Section of Unveild’s Service Privacy Notice which addresses Unveild’s obligations under the CCPA.

2.4.4 Other Applicable Privacy Laws.

Customer shall be solely responsible for complying with and monitoring changes to existing privacy laws and regulations and/or the passage of new privacy laws and/or regulation which may apply to Customer and its responsibilities for the handling of PII for which it may be considered an owner, controller, or processor (or other such similar position of legal responsibility as such laws or regulations may impose upon Customer). Customer acknowledges and agrees that as the owner of the website(s) through or in association with which the PII processed by Unveild is gathered, that Customer is solely responsible for and shall have final say as to whether and to what extent such PII is processed by Unveild and

Customer shall assume full legal responsibility for all such decisions and/or directives to Unveild and it shall indemnify and hold Unveild harmless for all such decisions and/or directives.

2.4.5

Customer shall acknowledge its sole responsibility for the display of all privacy notices and/or Consent Mechanisms and its obligation to indemnify and hold Unveild from any violations of then-applicable law arising from Customer’s use of its own privacy notices, policies, and/or Consent Mechanisms.

3. Charges and Payment of Fees.

You will pay us for the Services as identified and specified in the Order Form.

3.1. Billing.

You are responsible for payment of our invoices, and you shall pay such fees directly to us without delay or set off as provided in Section 3.2 and the Order Form.

3.2. Payment Terms.

Except for Setup/Launch Fee, which is due upon execution of this Agreement, payment is due within ten (10) days of receipt of invoice. Upon execution of this Agreement, you shall set up an automated payment process through either 1) ACH debit service, or 2) credit card. You authorize us to utilize the payment method above in the event your invoice is not paid within thirty (30) days upon receipt of invoice. Balances not paid within forty-five (45) days after receipt of invoice shall incur interest in the amount of 1.5% per month from date due until paid. That interest shall compound monthly on the first day of each subsequent month.

3.3. Taxes.

Unless otherwise stated, Unveild fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Client is responsible for paying all taxes associated with client’s purchases hereunder. For clarity, Unveild is solely responsible for taxes assessable against it based on income, property and employees.

4. Confidentiality.

Confidential or sensitive information one Party (the “Disclosing Party”) provides to the other Party (the “Receiving Party”) under this Agreement shall be governed as follows:

4.1. Confidential Information.

“Confidential Information” means non-public and proprietary know how and information disclosed under this Agreement, whether oral or written or electronic, that (a) concerns the Services, the reports or the software, technology, customers, finances, methods, research, processes or procedures of either Unveild or Client; and (b) is designated as “Confidential” or “Proprietary” by the Disclosing Party at the time of disclosure or within a reasonable period thereafter. Confidential Information also includes, without limitation, information relating to the disclosing party’s software or hardware products which may include source code, API data files, documentation, specifications, data bases, networks, system design, file layouts, tool combinations and development methods as well as information relating to the disclosing party’s business or financial affairs, which may include business methods, marketing strategies, pricing, competitor information, product development strategies and methods, Client lists, and financial results. Confidential Information also includes information received from others that the disclosing party is obligated to treat as confidential and oral information that is identified by the disclosing party as confidential. Confidential Information disclosed by a subsidiary of the disclosing party and/or its agents is covered by this Agreement. Confidential Information includes all tangible materials which contain Confidential Information whether written or printed documents, computer disks or tapes whether user or machine readable. Confidential Information shall not include any information that: (1) is already known to the receiving party or its affiliates, free of any obligation to keep it confidential; (2) is or becomes publicly known through no wrongful act of the receiving party or its affiliates; (3) is received by the receiving party from a third party without any restriction on confidentiality; (4) is independently developed by the receiving party or its affiliates; (5) is disclosed to third parties by the disclosing party without any obligation of confidentiality; or (6) is approved for release by prior written authorization of the disclosing party.

4.2. Non-disclosure.

As a result of the business relationship formed by this Agreement, the Parties hereto may have access to Confidential Information. The Parties agree to maintain the confidentiality of the Confidential Information and to protect as a trade secret any portion of the other Party’s Confidential Information by preventing any unauthorized copying, use, distribution, installation or transfer of possession of such information. The Receiving Party will retain the Disclosing Party’s Confidential Information in confidence and shall not use or disclose Confidential Information except for purposes permitted under this Agreement. The Receiving Party shall be entitled to disclose Confidential Information of the Disclosing Party (i) to its employees, provided such employees are bound by non-disclosure obligations no less protective than those set out in this Agreement, and (ii) to affiliates and vendors, provided such affiliates and vendors are bound by non-disclosure obligations no less protective than those set out in this Agreement.

4.3.Standard.

Each Party will use at least the same degree of care in safeguarding the other Party’s Confidential Information as it uses in safeguarding its own Confidential Information but shall not use less than reasonable care and diligence.

4.4.Exceptions

. Section 4.2 will not apply to Confidential Information the Receiving Party can demonstrate: (i) is or becomes a matter of public knowledge through no fault of the Receiving Party; (ii) was or becomes available to the Receiving Party on a non-confidential basis from a third party, provided that such third party is not bound by an obligation of confidentiality to the Disclosing Party with respect to such Confidential Information; (iii) was independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information; or (iv) is required to be disclosed by law, provided that the Disclosing Party is promptly notified by the Receiving Party to provide the Disclosing Party an opportunity to seek a protective order or other relief.

4.5.

Without limiting the generality of the foregoing, neither party shall permit any of its personnel to remove any proprietary or other legend or restrictive notice contained or included in any material provided by the disclosing party and the receiving party shall not permit its personnel to reproduce or copy any such material except as expressly authorized hereunder. The Confidential Information of one party may be used by the other party only to fulfill its obligations under this Agreement.

4.6. The Parties acknowledge that any use or disclosure of the other party’s Confidential Information in a manner inconsistent with the provisions of this Agreement may cause the non-disclosing party irreparable damage for which remedies other than injunctive relief may be inadequate, and both Parties agree that the non-disclosing party may request injunctive or other equitable relief seeking to restrain such use or disclosure.

4.7. The terms and provisions of this Section 4 shall survive any termination of this Agreement for any reason for a period of 2 years.

5. Term and Termination

5.1.Term. The initial term of this Agreement is specified in the countersigned order form.

5.2.Termination

. We may terminate this Agreement and/or suspend the services provided hereunder immediately and without advanced notice to you in the event that you materially breach this Agreement in any respect, including but not limited to the non-payment of any fees due hereunder.

5.3.Effect of Termination.

In the event of a termination of this Agreement, all invoices and fees owed to us by you shall become immediately due and payable. All terms and provisions under this Agreement that should by their nature survive the termination of this Agreement will so survive, including, without limitation, Sections 3, 4, 5.3, 6, 7 and 8.

6. Representations and Warranties; Disclaimers

6.1 Unveild SaaS Limited Warranties.

During the Term, Unveild warrants that the Software is fit for the ordinary purposes for which it is designed, but expressly disclaims and excludes any warranty or representation that the Software or Documentation will meet any particular requirement or business need of the Licensee. Unveild warrants that the Software and Documentation does not infringe upon or contribute to the infringement of any United States patent, trademark, or copyright.

6.2. Disclaimers.

EXCEPT AS PROVIDED IN SECTION 6.1, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6.3. Client Information.

You represent and warrant that, during the Term, you hold all rights and permissions necessary to provide Client Information to us for the uses specified in this Agreement. You are solely responsible for the accuracy, integrity and completeness of Client Information.

7. Limitation of Liability; Indemnification.

7.1.Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), EXCEPT DIRECT DAMAGES, ARISING OUT OF, OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SERVICES. EXCEPT FOR A BREACH OF SECTION 4, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU TO US.

Indemnification

Client acknowledges that it understands and agrees that failure to include required notification of and/or consent to the use of cookies and related tracking technologies on Client’s website may result in liability under applicable state and national laws and/or regulations.

8. General

8.1. No Waiver.

The failure of Unveild to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

8.2.Severability.

If a court of competent jurisdiction finds any provision of this Agreement to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

8.3. No Agency.

For the purposes of this Agreement, the Parties will at all times be independent contractors with no right to bind or obligate the other in any manner whatsoever. Nothing in this Agreement shall operate to create a partnership between the Parties, or to authorize either Party to act as agent for the other.

8.4. Nondisparagement.

The Client agrees that it will address any dissatisfaction or complaints with Unveild and/or its services exclusively and directly to Unveild and will work in good faith with Unveild to address any such dissatisfaction of complaints privately and directly.

8.5.Governing Law; Dispute Resolution; Jurisdiction.

Delaware law, without reference to rules governing conflict of laws, shall apply to this Agreement and any dispute between the Parties related hereto. Any such dispute shall be resolved through binding arbitration in New Castle County, Deleware. The foregoing shall not apply to injunctive relief sought with respect to any breach or alleged breach of Section 4. As a condition precedent to filing an action in a court of competent jurisdiction, the Parties agree to mediate their dispute within forty-five days (45) of either Party receiving notice of a request to mediate. The Parties shall agree on a mediator or in the event the Parties cannot agree, each party shall choose a mediator who in turn shall choose the mediator to hear the dispute. The Parties by written agreement may treat the mediation as binding arbitration. The cost of mediation or binding arbitration shall be borne by the losing Party.

8.6.Entire Agreement.

This Agreement and the Unveild policies cited herein, the terms of which are incorporated herein by reference, along with the Order Form executed between the Parties which is incorporated herein by reference, contains the entire understanding of the Parties regarding its subject matter and supersedes all prior agreements between the Parties, both oral and written, and can be modified only by a subsequent written agreement executed by both Parties. To the extent of any conflicts between the terms of this Agreement and the Order Form, the terms of this Agreement shall supersede those contained in the Order Form, except where the Order Form explicitly states that a given term or provision shall supersede this Agreement.

8.7. Counterparts.

The Parties may enter into this Agreement in counterparts, including facsimile, PDF or other electronic copies, which taken together will constitute one instrument.

8.8.Force Majeure.

Unveild shall not be responsible for failure to perform in a timely manner under this Agreement when its failure results from any of the following causes; Acts of God or public enemies, civil war, insurrection or riot, fire, flood, explosion, earthquake or serious accident, strike, labor trouble or work interruption, governmental action, pandemic, or any cause beyond its reasonable control. In addition, Unveild shall not be responsible for equipment or component failures due to defective manufacturing or defective software or for delays in shipment of equipment or components timely ordered.

8.9.Services Conditioned upon Appliable Laws.

Unveild shall provide its Services hereunder, including the Software, only to the extent permissible by all applicable laws, including but not limited to any applicable data privacy regulations. In the event that such applicable laws may make any portion of the Services illegal or may restrict Unveild’s ability to provide such Services, whether in part, Unveild’s reserves the right to suspend those Services to the extent that Unveild deems reasonable and appropriate in its discretion in order to comply with such applicable laws. Such good faith efforts to comply with applicable laws shall not constitute a breach of this agreement but, rather, shall qualify as a Force Majeure event, as contemplated in Section 8.8, above.

8.10. Notices.

Any notice or other communication required or permitted shall be in writing and shall be deemed to have been duly given on the day of service if served personally or by facsimile transmission with confirmation, or five (5) days after mailing if mailed by First Class mail, registered or certified, postage prepaid, and addressed to the respective Parties at their principal place of business or at such other addresses as may be specified by either Party.

9. Definitions

9.1. “Client Information”means information generated by Client or by Client’s customers.

9.2 “Unveild” is a set of bundled, software driven digital marketing data-gathering and analysis tools offered by us.

9.3 “Documentation”

means any materials created or owned by Unveild in either machine readable or written form that are communicated to Licensee and are intended to describe the use or characteristics of software.

9.4 “Unveild IP”

means methods, algorithms, inventions, know how, information, data, concepts, ideas, methodologies, trade secrets, trade or service marks, logos, and other elements, including but not limited to computer object and/or source code, that we use to provide our Services.