1. Definitions

1.1 — “Controller” means the natural or legal person, public authority, agency, or other body which alone or jointly with

1.2 — “End-User” means any person or entity with whom the Subscriber interacts using the Service(s).

1.3 — “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.4 — “Process” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.5 — “Service(s)” shall have the meaning ascribed to it in the Terms of Service.s

1.6 — “Subscriber” means the natural or legal person that has subscribed to the Service(s) by agreeing to the Terms of Service.

1.7 — “Terms of Service” means the binding contract between Us and You which governs the access and use of the Service(s) by You

1.8 — “Website(s)” means the websites that We operate.

1.9 — “You” and “Your” means an identified or identifiable natural person whose Personal Data We Process as a Controller.

2. Personal data collected by us

2.1 — You directly provide Us with most of the data We collect. We collect Personal Data from You directly when You: a) subscribe for any of Our Service(s) by agreeing to the Terms of Service, We collect sign-up and account information including Your name and e-mail address; b) submit web forms on Our Website(s) or as You use interactive features of the Website(s), including providing feedback or suggestions, making requests, or participation in surveys, contests, webinars, events, podcasts, promotions, sweepstakes, requesting customer support, or otherwise communicating with Us; c) provide testimonials, forms or information to Us in other contexts; or d) authorize Us to connect with a Third Party Service(s), We will access and store Your Personal Data that the Third Party Service(s) makes available to Us, which may include Your email address, location or profile information;

2.2 — We may also receive Your Personal Data indirectly as follows: a) from third party sources like marketing lists, databases and social media but only where We have checked that these third parties either have Your consent or are otherwise legally permitted or required to disclose Your Personal Data to Us; b)When You download and/or use the Service(s), We automatically collect information on the type of device You use, and the operating system version, to perform Our agreement with You; e) When You use or view Our Website(s), information is collected via Your browser’s cookies as described in clause 9 herein; f) We may also collect or receive Your Personal Data from other sources such as Our business or channel partners through whom You create or access Your Account, publicly available sources, email add-ons and/ or through the combining of information We obtain from third parties along with the Personal Data You provide to Us.

The Website(s) includes social media features and widgets that are either hosted by a third-party or hosted directly on the Website(s) and Your interaction with these social media features and widgets is governed by the privacy statement of the companies that provide them. You should check Your privacy settings on these third-party services to understand and change the information sent to Us through these Service(s).

3. Purposes for which personal data will be processed

3.1 — We Process Your Personal Data to: a) facilitate Your access to the Website(s) and Service(s); b) process and complete payment transactions; c) provide customer service and support; d) send You communication on Your use of the Service(s), updates on Our Terms of Service or other policies; e) send You communication on new features in the Service(s) or new service offerings; f) conduct research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve Our Service(s) and facilities in order to enhance Your relationship with Us or for Your benefit, or to improve any of Our Service(s) for Your benefit; e) Organise events or for other marketing/ promotional activities; f) investigate and prevent fraudulent transactions, unauthorized access to the Websites and Service(s), and other illegal activities; g) personalize the Websites and Service(s); and for other purposes for which We obtain Your consent.

3.2 — Legal basis for processing (UK and EEA Region)

3.2.1 — If You are a data subject from the UK or European Economic Area, Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which Last9 collects it.

3.2.2 — We will normally collect Personal Data from You only where it needs it to perform a contract with You, where the processing is in Our legitimate interests and not overridden by Your data protection interests or fundamental rights and freedoms, or where We have Your consent. In some cases, We may also have a legal obligation to collect Personal Data from You. If We process Your Personal Data with reliance on your consent, You may withdraw Your consent at any time.

3.2.3 — If you have questions or need further information concerning the legal basis on which We collect and use Your Personal Data, please contact Us using the contact details provided under Clause 12.

4. Sharing of personal data

4.1 — You acknowledge that We will share Your Personal Data with Our group companies and third-party service providers so that they may offer You Our Service(s) and/or to send information or updates on the Service(s) if You are a Subscriber.

4.2 — When We Process Your order where You are a Subscriber, we may send Your Personal Data to and also use the resulting information from credit reference agencies to prevent fraudulent purchases.

4.3 — We share Personal Data with Our third-party service providers that host and maintain Our Website(s), applications, backup, storage, payment processing, analytics and other service(s). These third-party service providers may have access to or Process Your Personal Data for the purpose of providing these service(s) to Us.

4.4 — We may share Your Personal Data with third-party service providers who assist Us in marketing and promotions in compliance with applicable laws.

4.5 — We may be required to disclose Your Personal Data in response to: a) lawful requests by public authorities, including to meet national security or law enforcement requirements and/or b) subpoenas, court orders, or legal process, or to establish or exercise Our legal rights or defend against legal claims.

4.6 — We may also share Personal Data to assist investigation and prevention of illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Our Terms of Service, or as otherwise required by law.

5. International Transfer

We mainly Process Personal Data in United States. However, we may transfer Personal Data outside the United States for the purposes referred to in Section 4. We will ensure that the recipient of your Personal Data offers an adequate level of protection that is at least comparable to that which is provided under applicable data protection laws.

6. Retention of personal data

6.1 — We retain the Personal Data collected where an ongoing legitimate business requires retention of such Personal Data.

6.2 — In the absence of a need to retain Personal Data under Section 6.1. above, We will either delete it or aggregate it, or, if this is not possible then We will securely store Your Personal Data and isolate it from any further Processing until deletion is possible.

7. Security of personal data

We use appropriate technical and organizational measures to protect the Personal Data that We collect and Process. The measures We use are designed to provide a level of security appropriate to the risk of Processing Your Personal Data. If You have questions about the security of Your Personal Data, please contact Us immediately as described in this Policy.

8. Your rights

You are entitled to the following rights:

8.1 — You can request Us for access, correction, update or request deletion of Your Personal Data.

8.2 — You can object to the Processing of Your Personal Data, ask Us to restrict processing of Your Personal Data or request portability of Your Personal Data.

8.3 — You have the right to opt-out of marketing communications We send You at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails We send You. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact Us.

8.4 — Similarly, if We have collected and processed Your Personal Data with Your consent, then You can withdraw your consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We have conducted prior to Your withdrawal, nor will it affect processing of Your Personal Data conducted in reliance on lawful processing grounds other than consent.

8.5 — You have the right to complain to a data protection authority about Our collection and use of Your Personal Data. For more information, please contact Your local data protection authority.

8.6 — If You seek access to, or wish to correct, update, modify or delete Your Personal Data that We process, please contact Us at the details provided in clause 12. We respond to all requests We receive from individuals wishing to exercise their data protection rights within a reasonable timeframe in accordance with applicable data protection laws.

9. Cookie Policy

9.1 — Cookies are text files that are placed on Your computer to collect standard internet log information and visitor behaviour information by Us. When You visit the Website(s), We may collect Personal Data automatically from You through cookies or similar technology. We also set cookies to collect information that is used either in aggregate form to help Us understand how our Website(s) are being used or how effective Our marketing campaigns are, to help customise the Website(s) for You or to make advertising messages more relevant to You.s

9.2 — Essential Cookies: We set essential cookies that enable core functionality such as security, network management, and accessibility. You may not opt-out of these cookies. However, You may disable these by changing Your browser settings, but this may affect how the Website(s) functions.

9.3 — Analytics, Customisation, and Advertising Cookies: We set these cookies to help Us improve Our Website(s) by collecting and reporting information on how You use it. The cookies collect information in a way that does not directly identify anyone. The list of such cookies will be displayed in a banner on the Website(s) as required by applicable law.

10. Privacy of children

We recognize the importance of children’s safety and privacy. We do not request, or knowingly collect, any Personal Data from children under the age of 18. If a parent or guardian becomes aware that his or her child has provided Us with Personal Data, they should write to us at the email address provided in clause 12.

11. Notice to end-user and other exclusions

11.1 — Our Service(s) are intended for use by enterprises. Where the Service(s) are made available to an End-User through a Subscriber, that enterprise is the Controller of the End-User’s Personal Data. In such a case, the End-User’s data privacy questions and requests should be submitted to the Subscriber in its capacity as the End-User’s Controller. If the End-User is an individual who interacts with a Subscriber using Our Service(s), the End-User will be directed to contact Our Subscriber for assistance with any requests or questions relating to their Personal Data. We are not responsible for Subscribers’ privacy or security practices which may be different from this notice. Subscribers to Our Service(s) are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations, relating to the collection of Personal Data in connection with the use of Our Service(s) by End-Users.

11.2 — Our Website(s) contain links to other websites. Our Policy applies only to our Website(s), so if You click on a link to another website, You should read their privacy policy. We encourage You to review the privacy statements of any such other websites to understand their Personal Data practices.

11.3 — This Policy does not apply to aggregated information which summarises statistical information about groups of members, and which does not include name, contact information, or any other information that would allow any particular individual to be identified.

12. Contact Information

You may contact us if You have any enquiries or feedback on Our personal data protection policies and procedures, or if You wish to make any request, in the following manner:

— Kind Attention: Kuldeep Dhankar, CRO

— Email Address: kuldeep@last9.io

— Address: Last9 Inc., 355 Bryant Street, Unit 403, San Francisco, CA 94107