Effective June 30, 2023

Predictive Pop Inc., d/b/a Audigent, (“Audigent,” “Company,” “we,” “our” or “us”) understands that privacy is important to our users, and this Audigent Website Privacy Policy (“Website Privacy Policy”) shows our commitment to your privacy. If you are interested in learning how we collect, use, and disclose information through our corporate website (the “Website”), including other related activities or interactions (“Other Interactions”) such as when you email or otherwise contact us, you have come to the right place. To help guide your use of the Website Privacy Policy, we have included an index to the left of the policy.

This Website Privacy Policy describes how we collect, use, share, and secure the personal information we collect via the Website and Other Interactions and describes your choices and rights regarding that personal information. This Website Privacy Policy applies only to the information collected with respect to the Website and any other direct corporate interactions with us, such as when you email us or otherwise contact us directly. It does not apply to our core services that help our clients and partners buy and sell data and advertising (the “Platform”). You can read more about how we collect, use and share personal information in the course of providing our services by visiting our Platform Privacy Policy here.

“Personal information” or “personal data” is information that identifies, is reasonably capable of being associated with, or can reasonably be linked, directly or indirectly, with a natural person and, where required by law, a household. This Website Privacy Policy does not apply to anonymous, de-identified, or aggregated personal information, which we reserve the right to use in any manner permitted by applicable law. Our goal is to be transparent about our business by describing our technology in simple terms so that users can understand our practices.

Please note that our privacy practices are subject to the applicable laws of the regions in which we operate. Accordingly, some additional region-specific terms will only apply to consumers located in those geographic regions, or as required by applicable law.

We automatically collect information about how you use the Website and Other Interactions and what device or devices you use to do so through the use of cookies, web beacons, and other technologies, and as otherwise described below. For example, the Website automatically records website usage information including your IP address, browser type, operating system, and device type used to access the Website. Subject to the settings on your device or web browser, we may also collect limited information about your location. Additionally, the categories of personal information we collect can include:

• Identifiers, such as your name and email address (when voluntarily provided to us), and online identifiers, such as your IP address;
• Commercial information;
• Customer records information;
• Professional or employment information (when voluntarily provided to us);
• Internet or other electronic network activity information, including history of visits to the Website;
• Imprecise geolocation data;
• Your preferences, like how often you wish to receive marketing and other communications;
• Inferences; and
• Any other personal information that you voluntarily provide to us.

In connection with the Website, we may collect personal information from the following sources:

• Directly from you – such as when you provide contact information and interact with customer service, or in connection with the Other Interactions;
• Generated by your use of our services or visits to our Website – such as technical, equipment and usage information;
• From other companies, like vendors or marketing firms; and
• Automatically, including through cookies and other tracking technologies, as described in more detail below.

Cookies and Similar Technology

 "Cookies" are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website. Such data may include, for example, the address of the websites you visited before and after you visited our Website, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Website you visited and what links you clicked on, the region where your device is located, and geographic information based on your IP data. We may store some information on your device or device hard drive as a cookie or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Website. We may also use cookies to customize your visit to the Website and for other purposes to make your visit more convenient or to enable us to enhance the Website. 

Clickstream Data

As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website. We may collect and use clickstream data as a form of information to anonymously determine how much time visitors spend on each page of our Website, how visitors navigate throughout the Website, and how we may tailor our web pages to better meet the needs of visitors.

Analytics

We may work with third-party vendors who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Website. One such provider is Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help analyze how users use the Website. The information generated by these cookies about your use (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on activity for its staff, and providing other services relating to web page activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings in your browser. By using the Website and accepting cookies, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please refer to the currently available opt-outs for Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/.

We use the data collected through the Website and Other Interactions for several purposes, some of which may be considered business or commercial purposes under the California Consumer Privacy Laws (as defined below) including to:

• Prevent fraud and improve the security and integrity of our website;
• Communicate with you, including responding to your inquiries or comments, to request feedback regarding our offerings, and to provide information about your account and campaigns;
• Provide, operate, improve, and personalize the Website;
• Adding you to our mailing lists and sending you emails and other communications from time to time;
• Creating, maintaining, and otherwise managing your account, profile, or subscription;
• Customize the content you see on the Website;
• Provide you information about our products and services;
• Perform core business functions, services, such providing our products and services, customer service, processing or fulfilling orders, and processing payments;
• Deliver marketing and advertising;
• Internal research, analytics, and development, including user preference analytics;
• Evaluate the success of our advertising campaigns, improve our products and services, and analyze use of the Website;
• Protect and enforce our agreements and property rights;
• Comply with court orders, legal processes, or respond to regulatory or other similar requests;
• Detecting security incidents; protecting against malicious, deceptive, fraudulent, or illegal activity; and prosecuting those responsible for that activity; and
• Investigating suspected fraud, harassment, or other violations of any law, rule, or regulation, or the policies for our Website.

Certain jurisdictions, including the European Union, have laws that require us to have a “legal basis” to process your personal information. Where required by applicable law, we rely on one of the following legal bases to justify our processing of your personal information:

• To fulfill our contractual obligations to you, for example to provide access to our Platform and our Website that you request and to ensure that invoices are delivered or paid correctly. Failure to provide personal information necessary to perform a contract may prevent or delay the fulfillment of our contractual obligations;
• To comply with our legal obligations, for example to respond to legally binding requests from regulators, law enforcement authorities, or other government authorities;
• To meet our legitimate interests, for example to understand how you use the Website and to enable us to derive knowledge that enables us to develop new offerings. When we process personal information to meet our legitimate interests, we put in place safeguards to protect your privacy and to determine that our legitimate interests are not overridden by your interests or fundamental rights and freedoms; and
• To exercise our legal rights where it is necessary to do so, for example to detect, prevent and respond to fraud claims, intellectual property infringement claims, or other violations of law.

We may disclose the following categories of information, which may include personal information, with third parties, including for business purposes, as defined under the California Consumer Privacy Laws (as defined below), that provide services to us:

We may disclose this information to:

• Our subsidiaries and affiliates;
• Vendors and agents performing or providing goods and services on our behalf (for example advisers, information service providers and data storage providers);
• Billing and payment processing companies (as applicable for business clients);
• Marketing services companies;
• Other third parties as described herein, including vendors and agents, infrastructure service providers, anti-fraud service providers, information technology providers, customer service providers, email delivery service providers;
• With any third party involved in the consideration, negotiation, or completion of a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Audigent or as part of a corporate reorganization or stock sale or other change in corporate control; and
• Our attorneys, banks, auditors, brokers, and other professional service providers and advisors.

We take steps to ensure that data is processed and handled according to this Website Privacy Policy and to the requirements of applicable law of your jurisdiction. We keep any personal information we collect through the Website and Other Interactions as long as we need it for business, tax, or legal purposes.

Consistent with applicable law, you may exercise the options described in this section regarding your choices with respect to your personal information and communications from us. You may also have certain additional rights available under state law depending on your state or country of residence, as described further below.

Cookies and Tracking

If you would like to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Website or some of its functionality may be affected.

For clarity, cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. Additionally, if you opt out on one of your devices, that opt out may not be effective on all of your devices. You must separately opt out on each device.

Email

If you do not wish to receive promotional or marketing emails from us, you can unsubscribe by using the unsubscribe link included in each such email. In some cases we may provide an unsubscribe link within an operational email (e.g., surveys).

Telephone

If you do not wish to receive promotional telephone calls, please call us at the 1-888-483-9029 to opt-out.

Do Not Track

Some browsers have a “do not track” (also known as DNT) feature that lets you tell websites that you do not want to have your online activities tracked. Please note that, unless required by law, we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. However, please visit our Platform Privacy Policy for more information about how our Platform may support such signals.

These additional privacy right disclosures provide additional information about our personal information processing practices relating to individual residents of the applicable jurisdictions. Unless otherwise expressly stated, all defined terms in this Website Privacy Policy retain the same meaning in the disclosures below. The rights, to the extent those rights are applicable set forth below are granted only to the extent they apply and are enforceable in an applicable jurisdiction.

These provisions apply only to California consumers and supplement this Website Privacy Policy. The California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”), collectively referred to as “California Consumer Privacy Laws,” provide California consumers with specific rights regarding their personal information. This California Privacy Rights section describes your rights under the California Consumer Privacy Laws, explains how you may exercise your rights, and provides an overview on the types of personal information we collect. (When we refer to personal information throughout this section, we mean “personal information” as defined under the California Consumer Privacy Laws). As noted above, this Website Privacy Policy applies only to personal information collected with respect to the Website. You can find more information about how we collect, use, and disclose information on our Platform by visiting our Platform Privacy Policy.

California Consumer Privacy Laws provide you with the following rights:

• Right to know. You have the right to know what categories and specific pieces of personal information we collect about you, the sources from which we collect personal information, our business or commercial purpose for the collection, use, and sharing of your personal information, and any categories of third parties to whom we sell or with whom we share your personal information. 
• Right to data portability. You have the right to request a copy of personal information we have collected and maintained about you in the past 12 months. California Consumer Privacy Laws allow you to request your information from us up to twice during a twelve (12) month period.  We will provide our response in a readily usable format, which is usually electronic.
• Right to delete. You have the right to request that we delete the personal information that we have collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal information, we may deny your request or may retain certain elements of your personal information if it is necessary for us or our service providers to:
  • Complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
  • Debug to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
  • To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
• Right to opt out of selling or sharing. At the time this Website Privacy Policy was last updated, we (1) DO NOT SELL personal information; and (2) we DO NOT SHARE personal information for the purpose of cross-context behavioral advertising.

Because we do not sell or share information collected from this Website or the Other Interactions (as we understand those terms to be defined), we do not offer a corresponding opt out for information collected pursuant to this Website Privacy Policy. However, we do offer opt out rights under our Platform Privacy Policy and certain opt out rights as noted above in the “Your Choices” section.

If at any time we do sell or share your personal information, you have the right to opt out of the sale or sharing of your personal information (as defined under California law), along with the right to opt in to the sale of such information. If we sell or share any of your personal information, you may, at any time, tell us not to sell or share your personal information. You can make this request through the methods described below.

• Right to correct. You have the right to request the correction of any personal information we maintain about you.
• Right to limit use or disclosure of sensitive personal information (“SPI”). Please note that we do not currently use or disclose sensitive personal information (“SPI”) for any purposes that require disclosure or opt out under the California Consumer Privacy Laws as we understand those laws. You have the right to limit the use or disclosure of your SPI if we are using your SPI beyond what is reasonable and proportionate to provide the requested goods or services.
• Right to nondiscrimination. You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not:

• • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services.

How to Contact Us About Your California Privacy Rights

You can submit a request to access, delete, limit, or correct your personal information, in addition to withdrawing consent and requesting to opt-out, using the methods below:

Calling us at 1-888-483-9029

Emailing us at yourprivacyrights@audigent.com

Submitting a Request Form

Verification of Your Identity

After submitting a request, we will take steps to verify your identity in order for us to properly respond and/or confirm that it is not a fraudulent request. In order to verify your identity, we will request, at a minimum, that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal information, we may contact you for more information, or we may not be able to meet your request.

Except as required by law, only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your personal information. If you are making a request as the authorized agent of a California consumer, we will ask you also submit reliable proof that you have been authorized in writing by the consumer to act on such consumer’s behalf. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

If you have been designated as an authorized agent to submit a request on behalf of another consumer, you must (1) download and complete this Authorized Agent Designation Form and have it signed by the consumer, and (2) attach the signed form when you submit a Request Form.

Our Response Time to Your Request

We will make every effort to respond to your request within forty-five (45) days from when you contacted us. If you have a complex request, the California Consumer Privacy Laws allow us up to ninety (90) days to respond. We will still contact you within forty-five (45) days from when you contacted us to let you know we need more time to respond.

Information regarding our collection, use and disclosure of personal information are detailed in the general Website Privacy Policy that precedes this California Privacy Rights Section.

To find more details about the specific data points and categories of information Audigent collects, and has collected over the preceding 12 months, please see the “WHAT PERSONAL INFORMATION DO WE COLLECT AND USE?” section above. For more details on how and to whom we disclose information, and to whom we have disclosed personal information within the preceding 12 months, see SHARING OF YOUR PERSONAL INFORMATION above.

For more details on how we use your information, please see the “HOW DO WE USE YOUR PERSONAL INFORMATION?” sections above, which further describes the business and commercial purposes for which that information is used and disclosed.  You can learn more about the sources from which we obtain personal information in the “WHAT PERSONAL INFORMATION DO WE COLLECT AND USE” and “HOW DO WE COLLECT PERSONAL INFORMATION” sections above.

Please note that you can find additional information pertinent to California consumers throughout the Website Privacy Policy sections above, including information concerning our data collection, use, and disclosure practices.

California Metrics

For more information on our California metrics, including the number of opt out request we have received, please see our Platform Privacy Policy here.

CALIFORNIA “SHINE THE LIGHT”

Under California Civil Code Section 1798.83 (“Shine the Light”), California residents have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us by email at yourprivacyrights@audigent.com. If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at yourprivacyrights@audigent.com.

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at yourprivacyrights@audigent.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.

Residents of Virginia, Colorado, Connecticut and Utah (“States”) have certain rights with respect to their personal information.  These rights are established through the Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), and the Utah Consumer Privacy Act (“UCPA”) (collectively, the “State Laws”).  The rights available to residents of these States are explained below.

The categories of personal information, which may be referred to from time to time within this section as personal data for consistency with the applicable State Laws, we process, our purposes for processing your personal data, the categories of personal data that we share with third parties and the categories of third parties with whom we share it are detailed above in this Website Privacy Policy.

Certain rights that you may have concerning your personal data are set forth in this Website Privacy Policy. The applicable State Laws provide you with the following additional rights, except where indicated otherwise below:

• Right to know. You have the right to know and see what personal data we have collected about you.
• Right to data portability. You have the right to obtain a copy of your personal data that you previously provided to us or that we have obtained in a portable and, when feasible, readily usable format, where the processing is carried out by automated means. Subject to certain exceptions, you may request such personal information free of charge once annually, except for Virginia residents, who may request such personal information up to twice annually.
• Right to delete. Residents of Virginia, Colorado and Utah have the right to request that we delete the personal data we have collected about you; requests from Utah residents cover only personal information that you have provided directly to us. Please note that we may deny requests to delete if the requested deletion falls under an exception as set forth the applicable State Laws. Additionally, if you request deletion of your personal information and we have obtained such information from a third-party source, we may retain such data by keeping a record of the deletion request and the minimum data necessary to ensure that your personal information remains deleted from our records and that such retained data is not used for any other purpose, or we may opt you out of the processing of such personal information for any purpose except for those allowed under the applicable State Laws.
• Right to opt out of selling or sharing. Residents of Virginia, Colorado, Connecticut and Virginia have the right to opt out of the sale of your personal data and/or the processing of your personal data for purposes of (i) targeted advertising or (ii) profiling that produces legal or similarly significant effects concerning you. Utah residents may opt out of the processing for the purposes described in (i) and (ii) of this paragraph. As of the latest date of the Website Privacy Policy:

• We DO NOT process personal data for the purposes of targeted advertising
• We DO NOT sell your personal data in exchange for monetary consideration
• We DO NOT engage in profiling decision based on your personal data that produce legal or similarly significant effects concerning you.

Because we do not process personal data for targeted advertising or sell personal data collected from this Website or the Other Interactions (as we understand those terms to be defined), we do not offer a corresponding opt out for information collected pursuant to this Website Privacy Policy. However, we do offer opt out rights under our Platform Privacy Policy and certain opt out rights as noted above in the “Your Choices” section.

• Right to correct. Residents of Virginia, Colorado and Connecticut have the right to request that we correct inaccurate personal data.
• Right to nondiscrimination. You have the right not to receive discriminatory treatment by us for the exercise of your State Law privacy rights. Unless permitted by the applicable State Laws, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your State Law Privacy Rights

To exercise any of your State Law privacy rights, or if you have any questions about your privacy rights, you may contact us by:

Calling us at 1-888-483-9029

Emailing us at yourprivacyrights@audigent.com

Verification of Your Identity

After submitting a request, we will take steps to verify your identity in order for us to properly respond and/or confirm that it is not a fraudulent request. In order to verify your identity, we will request, at a minimum, that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify using reasonably commercial efforts that the consumer submitting the request is the same individual about whom we have collected personal information, then we are not required to comply with the request; we may contact you for more information reasonably necessary to authenticate the request, but ultimately we may not be able to meet your request.

Only you may make a verifiable request related to your personal information. If you are making a request as the parent or legal guardian of a known child regarding the processing of that child’s personal information, we may ask you to submit reliable proof of your identity.

Our Response Time to Your Request

We will make every effort to respond to your request within forty-five (45) days from when you contacted us. If you have a complex request, certain State Laws allow us an extension of our time to respond. We will still contact you within forty-five (45) days from when you contacted us to let you know we need more time to respond and the reason for the extension.

Your Right to Appeal

If we decline to take action regarding a request that you have submitted, we will inform you of our reason for doing so, and for Virginia, Colorado, and Connecticut residents, provide instructions for how to appeal the decision. In the event that we do not respond to a request that you make pursuant to one of the privacy rights set forth in this Additional State Privacy Rights section, you have the right to appeal our refusal to take action within a reasonable period of time after you receive our decision. Within the time provided by your State Law of our receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, we will also provide you with an online mechanism, if available, or other method through which you may contact your state’s regulatory authority to submit a complaint.

Sensitive Data

The State Laws of Virginia, Colorado and Connecticut require companies to obtain a consumer’s affirmative consent before processing “sensitive data,” which may include, depending on the specific statute, information that reveals:

• Geolocation data
• Racial or ethnic origin
• Religious beliefs
• A mental or physical health condition or diagnosis
• Sex life or sexual orientation
• Citizenship or citizenship status
• Genetic data
• Biometric data
• Personal data regarding a known child
• Contents of email
• Social Security or other ID

We will not process any such sensitive data from Virginia, Colorado, or Connecticut residents without first obtaining your consent. Additionally, for Colorado residents, we will not process any Sensitive Data Inferences (as defined by CPA) without first obtaining your consent.

If you wish to opt out of the processing of your personal information for targeted advertising,
please click here.

To exercise any of your State Law privacy rights, or if you have any questions about your
privacy rights, you may contact us by:

• Calling us at 1-888-483-9029
• Emailing us at yourprivacyrights@audigent.com

After submitting a request, we will take steps to verify your
identity in order for us to properly respond and/or confirm that it is not a fraudulent request. In
order to verify your identity, we will request, at a minimum, that you provide your name, email
address, phone number, address, and relationship to us, so that we can seek to match this
information with the information existing in our systems. When providing us this information, you
represent and affirm that all information provided is true and accurate. If we are unable to verify
using reasonably commercial efforts that the consumer submitting the request is the same
individual about whom we have collected personal information, then we are not required to
comply with the request; we may contact you for more information reasonably necessary to
authenticate the request, but ultimately we may not be able to meet your request.
Except as required by law, only you may make a verifiable request related to your personal
information. If you are making a request as the parent or legal guardian of a known child
regarding the processing of that child’s personal information, we may ask you to submit reliable
proof of your identity.

We will make every effort to respond to your request within forty-five (45) days from when you
contacted us. If you have a complex request, certain State Laws allow us an extension of our
time to respond. We will still contact you within forty-five (45) days from when you contacted us
to let you know we need more time to respond and the reason for the extension.

If we decline to take action regarding a request that you have submitted, we will inform you of
our reason for doing so, and for Virginia, Colorado, and Connecticut residents, provide
instructions for how to appeal the decision. In the event that we do not respond to a request that
you make pursuant to one of the privacy rights set forth in this Additional State Privacy Rights
section, residents of those states will have the right to appeal our refusal to take action within a
reasonable period of time after you receive our decision. Within the time provided by your State
Law of our receipt of an appeal, we will inform you in writing of any action taken or not taken in
response to the appeal, including a written explanation of the reasons for the decisions. If the
appeal is denied, we will also provide you with an online mechanism, if available, or other
method through which you may contact your state’s regulatory authority to submit a complaint.

The State Laws of Virginia, Colorado and Connecticut require companies to obtain a
consumer’s affirmative consent before processing “sensitive data,” which may include,
depending on the specific statute, information that reveals:

• Precise geolocation data
• Racial or ethnic origin
• Religious beliefs
• A mental or physical health condition or diagnosis
• Sex life or sexual orientation
• Citizenship or citizenship status
• Genetic data
• Biometric data
• Personal information regarding a known child
• Contents of email
• Social Security or other ID

We will not process any such sensitive data from Virginia, Colorado, or Connecticut residents
without first obtaining your consent. Additionally, for Colorado residents, we will not process any
Sensitive Data Inferences (as defined by CPA) without first obtaining your consent.

IF YOU ARE SITUATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM, THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

Legal Basis:

• We will only use your personal data, as that term is defined under the General Data Protection Regulation (“GDPR”), when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where you have consented to a certain use of your personal data.
• Where we need to comply with a legal or regulatory obligation.
• To the extent permitted under applicable laws, we will also process, transfer, disclose, and preserve personal data when we have a good faith belief that doing so is necessary.

Audigent as Data Controller:

Audigent acts a “controller” as defined under applicable law when processing your personal data collected through the Website. To contact us, please see the section titled “CONTACTING US” below.

If you are situated in the EEA, Switzerland, or the UK and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance. If you have a complaint, please contact our privacy manager who can be contacted here: yourprivacyrights@audigent.com. 

Provision of personal data and failure to provide personal data:

Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.

Collection of personal data from third-party sources:

We do not collect personal data about you through public sources. We may obtain personal data and other information about you through our third-party partners who help us provide our products and services to you.

Withdrawing your consent:

If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time by contacting us at yourprivacyrights@audigent.com.

Data Transfer:

We may transfer personal data from the EEA, Switzerland, and the UK to the USA and other countries, some of which have not been determined by the European Commission or the UK Secretary of State to have an adequate level of data protection. Where we use certain service providers, we may use specific contracts approved by the European Commission or UK Secretary of State, which give personal data the same protection it has in the EEA, Switzerland, and the UK. For more information about how we transfer your data, please contact us at yourprivacyrights@audigent.com. 

Use of your personal data for marketing purposes:

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

• Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have consented to our use of your personal data for marketing purposes.

Data Subject Rights:

If you are situated in the EEA, Switzerland, or the UK, under the GDPR, as a data subject, you have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

To exercise your rights under the GDPR, please contact us at yourprivacyrights@audigent.com.  Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.

Audigent is located in the United States.

If you submit personal information to Audigent, your personal information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. By submitting your personal information to us you agree to the transfer, storage, and processing of your personal information in a country other than your country of residence including, but not necessarily limited to, the United States.

Children under 16 years of age are not permitted to use the Website, and we do not knowingly collect information from children under the age of 16. By accessing the Website or using any services available through the Website or Platform, you represent that you are 18 years of age or older, or are 16 years of age or older and have valid parental consent to do so.

Audigent uses industry-standard technical and organizational security measures to help protect information transmitted over or stored on our systems. Please note, however, that no transmission or storage of information can ever be guaranteed to be completely secure, though we do take all reasonable precautions to protect against security incidents.

If you have any questions about our privacy or security practices, you can contact us by mail, telephone, or email:

200 Varick Street

Suite 514

New York, NY 10014

1-888-483-9029

yourprivacyrights@audigent.com

If we need, or are required, to contact you concerning any event that involves your personal information we may do so by email, telephone, or mail.

We update this Website Privacy Policy from time to time in our discretion and will notify you of any material changes to the way in which we treat personal information by posting an updated privacy policy or other notice on relevant areas of the Website. Any updated version of this Website Privacy Policy will be effective immediately upon the posting of the revised Website Privacy Policy unless otherwise specified. Your continued use of the Website after the effective date of the revised Website Privacy Policy (or such other act specified at that time) will constitute your consent to those changes. However, where required by law, we will not, without your consent, use your personal information in a manner materially different from what was stated at the time your personal information was collected.