Last Updated: May 18, 2018

Users of Intempt, Inc. and its subsidiaries and affiliated companies (“Intempt”, “we”, “our”, and “us”) trust us when they come to our website or use our services. This privacy statement is to further that trust by being transparent with our privacy practices regarding personal information (as defined below) that we collect, use, share and secure from: (i) visitors to www.intempt.com (the “Site”); (ii) users who register to use our online, web-based platform for personalization services (the “Services” and such users, the “Customers”); and (iii) users of our mobile applications (“Application(s)”).

This privacy statement is not intended to discuss the collection or use of personal information by a Customer’s use of the Services and does not apply to third-party websites, applications, or services that display or link to different privacy statements. Because a Customer’s collection or use of personal information is specific to their use and implementation of the Services, please consult a Customer’s privacy statement or the written contract between a Customer and Intempt for the Services for more information. For additional detail, please see the Personalization Platform Activities section below.

If you have questions or complaints regarding this privacy statement or our privacy practices, please contact us at legal@intempt.com

INFORMATION WE COLLECT

We collect information, including personal information, in various ways when you use our Site, Applications and Services. As used in this statement, “personal information” means any information which, either alone or in combination with other information, identifies you as an individual, such as your name, mailing address, and email address.

Information You Provide Us

We collect information, including personal information, you provide us voluntarily. For example:

• When you enter in your first and last name, email address, and password when you create an account to access the Services (“Account”) or otherwise enter similar information into forms or surveys on our Site or Applications.
• When you enter information using your Account, including postal address, phone number, company name and credit card payment information.
• If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information for internal analytics purposes.

Information Collected Via Technology

We automatically collect certain information via technology:

• IP Address and Browser Information. When you visit our Site or use our Applications, some information is automatically collected. This may include information such as the operating system (“OS”) running on your device, internet protocol address (“IP Address”) (which may be used to obtain your geolocation), access times, browser type, language settings of the OS, and the website you visited before our Site. We also collect information about how you use Intempt’s Site, Applications and Services, including the elements you have interacted with, metadata and other details about these elements, clicks, change states and other user actions.
• Pixel Tags. In addition, we use “pixel tags” (also referred to as clear gifs, web beacons, or web bugs). Pixel tags are tiny graphic images with a unique identifier, similar in function to cookies (as noted below), that are used to track online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, pixel tags are embedded in web pages.
• Browser Local Storage: We also store data locally on your device to enhance the user experience on our Site. For example, browser local storage allows us to save the state of your current page so that when you return at a later time or refresh the browser, the page will remain the same. We may also use browser local storage to: (i) save a list of items the user last used on the Site or Services (such as events and properties the user selected) so we can display “recently viewed items”; or (ii) marking once a user has seen a tutorial, video, tooltip or onboarding flow so that the user only sees the content one time.
• Mobile Services. We may also collect information from your mobile device, such as but not exclusively the first time the Application is opened and the type of device that is being used, if you have downloaded our Applications. This information is generally used to help us deliver the most relevant information to you and improve our Services and personalization platform. Examples of information that may be collected and used include how you use the Applications and information about the type of device you use. In addition, in the event our Applications crash on your mobile device, we will receive information about your mobile device model and OS version, which allows us to identify and fix bugs and otherwise improve the performance of our Applications.

Access and Control of the Information We Collect

We recognize an individual’s right to control the type of personal information that is collected about them. Our Customers can view, edit, or delete their personal information at any time. Intempt retains your personal information while you are a Customer and will delete your personal information upon request. Customers may also send requests for access to your personal information by emailing success@intempt.com. Intempt will respond to any request to delete Customer personal information. As discussed in the introduction, this privacy statement does not apply to the end-users tracked by our Customers. If you are a customer of a Intempt Customer, please contact that Intempt Customer for access to your personal information.

HOW WE USE INFORMATION WE COLLECT

In general, we use the information we collect primarily to provide, maintain, protect, and improve our current products and to develop new ones. This may include collection to:

• Facilitate the creation of and securing of your Account on our network;
• Identify you as a user in our Services;
• Improve our Services, Applications, Site and how we operate our business;
• Understand and enhance your experience using our Site, products and Services;
• Provide and deliver products and services you request;
• Respond to your comments or questions and for our Support team to provide service;
• Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages;
• Communicate with you about promotions, upcoming events and news about products and services offered by Intempt and our selected partners, and for other marketing purposes of Intempt;
• Link or combine it with other information we get from third parties, to help understand your needs and provide you with better service; and
• Protect, investigate and deter against fraudulent, unauthorized or illegal activity.

User Feedback

We often receive feedback and comments about our Services from users of our Services. If we choose to use your feedback on the Site we will request permission to include names of individuals. We may also include a profile picture along with your feedback.

Creation of Anonymous Data

We may create anonymous data records from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our Services and improve Applications and Site navigation. We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties in our sole discretion.

Profiling

When you interact with our Site by completing a form (such as a request for us to contact you, request for information on pricing, or downloading content) we will collect your personal information and analyze your information to build individual profiles. We use third party tools to help us build the profile by providing firmographics: company size and industry for example. These profiles will be used to help us predict future interest in our Services. The profiling is based on your activity on our Site such as what you are reading or downloading and is updated in real-time based on your activity on the Site.

Sharing of Information

We do not share your personal information with third parties without your consent other than:

• Third Party Service Providers. With third parties who work on our behalf, provided that such third parties subscribe to the Principles (as defined below), have entered into an applicable data processing agreement, or provide at least the same level of privacy protection as required by the Principles or other applicable privacy regulations to offer the Services. These companies are authorized to use your personal information only as necessary to provide these services to you. These services may include providing cloud computing infrastructure, website crash reporting, and providing customer support or account administration. If you would like to see the list of third parties with whom Intempt currently shares your information, you may request a copy of the list by emailing us at legal@intempt.com;
• Lawful Requests. To comply with laws or to respond to lawful requests and legal process, provided that Intempt will endeavor to notify you if Intempt has received a lawful request for your information;
• Protection of Rights and Property. To protect the rights and property of Intempt, our agents, customers and others including to enforce our agreements and policies;
• Emergency. In an emergency, including to protect the personal safety of any person; and
• Corporate Restructuring. For the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or dissolution transaction or proceeding). In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this statement.

USE OF COOKIES

Cookies are small text files placed on an individual’s computer by sites that the individual has visited. They are used to make websites work more efficiently and effectively and help us improve our Site, our marketing activities and your experience. Cookies may also provide information to the owner of a website about its users. The text in a cookie often consists of a string of numbers and letters that uniquely identifies your computer, but it can contain other information as well. Specifically, we use cookies to see which areas and features are popular and to count visits to our Site. Most web browsers are set to accept cookies by default. If you prefer, you can choose to set your browser to remove cookies or to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site and could remove cookies used to opt-out of tracking for the Services.

Intempt uses cookies and similar technologies for several purposes, including:

• Sign-In and Authentication. When you sign into the Site using your username and password we store an encrypted cookie on your device. This cookie allows you to move from page to page within the Site without having to sign in again on each page. You can also save your sign-in information so you do not have to sign in each time you return to the site.
• Performance. Intempt uses cookies for load balancing to help ensure that websites remain up and running.
• Social Media. Portions of our Site include social media cookies or widgets, including those that enable users who are logged in to the social media service to share content via that service.
• Storing Information for Purchases on the Site. When you seek to purchase one of our Services plans, we store the data in a cookie to remember the products and information you have added for purchase.
• Opt-Out Cookie. When you opt-out of tracking on the Site, Intempt will store a cookie that will block other cookies from being stored.

Some of the cookies we commonly use are listed below. This list is not exhaustive, but it is intended to illustrate the main reasons we typically set cookies. If you visit one of our sites, the site may set some or all of the following cookies:

• PERSONALIZE: These are cookies that are used for Site analytics and personalization purposes.
• SESSIONID: Helps to authenticate you when you sign in to your Account.

Third Party Cookies

In addition to the cookies listed above, third parties may also set cookies when you visit the Site. In some cases, that is because we have hired the third party to provide services on our behalf, such as payment processing for credit card billing. In other cases, it is because our web pages contain content or ads from third parties, such as videos, news content or ads delivered by other ad networks. Because your browser connects to those third parties’ web servers to retrieve that content, those third parties are able to set or read their own cookies on your device and may collect information about your online activities across websites or online services. To control cookies from those third parties, visit their sites.

PERSONALIZATION PLATFORM ACTIVITIES

With respect to our Services, Intempt collects information under the direction of its Customers (the data controller), and has no direct relationship with the individuals whose personal information it processes. The processing of data sent from our Customers is governed by our Terms of Use, Data Processing Addendum or any other agreement agreed to and signed by Intempt with our Customers. If you are a customer of one of our Customers and would like more information on their use of your data, please contact the Customer that you interact with directly.

Intempt acknowledges that you have the right to access your personal information. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his or her query to the Intempt Customer (the data controller) who will then provide instructions to Intempt, if necessary.

We will retain personal information pursuant to our retention policy and will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

PERSONAL INFORMATION SECURITY

Intempt maintains commercially reasonable administrative, technical, and physical safeguards to help protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration and destruction. However, no transmission over the internet is 100% secure. We encourage you to protect your usernames and passwords to help prevent anyone from accessing or abusing your accounts and services, including not using the same passwords for the Services that you use with other accounts.

CHILDREN

We do not intentionally gather personal information from visitors who are under the age of 13. If you are under the age of 13, you are not permitted to submit any personal information to us. If we learn that a child under 13 submits personal information to Intempt we will delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at: legal@intempt.com.

YOUR INFORMATION CHOICES AND CHANGES

In addition to the choices outlined in other parts of this statement, you also have control over the following:

• Email Communications. You may opt out of receiving promotional or marketing emails from Intempt by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your Intempt projects or our ongoing business relationship. If you are a European Union (“EU”) resident, you will not receive marketing emails from Intempt until you have agreed to opt-in to receipt of those emails.
• Applications. You can stop all collection of information by an Application(s) by uninstalling the Application(s). You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
• Do Not Track Signals. Some web browsers may transmit signals instructing websites and other online services to not track information. There is no standard that governs what, if anything, websites should do if they receive these signals. Intempt currently does not respond to such browser signals or similar mechanisms instructing not to track information. If and when a standard is established, we may revise our position on responding to these signals. Third parties may collect personal information about your online activities over time and across sites when you visit our Site or use the Intempt Service.
• Social Media Widgets. As noted above, our website may include social media features, such as the Facebook, Twitter and LinkedIn button or interactive mini-programs that run on our website. These features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy statement of the third party providing it.

EU-US PRIVACY SHIELD and SWISS-US PRIVACY SHIELD

Intempt participates in and has certified its compliance with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework. Intempt is committed to subjecting all personal information received from EU member countries and Switzerland, respectively, to the Frameworks’ applicable principles (“Principles”). To learn more about the Privacy Shield Frameworks or to check our status, visit the U.S. Department of Commerce’s Privacy Shield website at https://www.privacyshield.gov/Program-Overview.

Intempt is responsible for the processing of personal information it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Intempt complies with the Principles for all onward transfers of personal information from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal information received or transferred pursuant to each Privacy Shield Framework, Intempt is subject to the regulatory enforcement powers of the US Federal Trade Commission. In certain situations, Intempt may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

CHANGES TO THIS STATEMENT

Intempt may change this statement from time to time. If we make any changes to this statement, we will change the “Last Updated” date above. If we make any material changes we will notify you by email (sent to the email address specified on your Account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. You agree that your continued use of our Site, Applications or Services after such changes have been published to our statement will constitute your acceptance of such revised statement.

LEGAL INFORMATION AND HOW TO CONTACT US

Intempt provides annual training for its employees involved in the collection, processing, and dissemination of customer information. In addition, Intempt’s internal policies and procedures provide for disciplinary action if our employees fail to follow this statement. We periodically self-assess and review these internal policies and procedures to review compliance.

Data Protection Officer (“DPO”)

Intempt is headquartered in San Francisco, California, in the United States. If you are a resident of the EU and have questions about the collection of your personal information, our DPO can assist you. You may contact our DPO at:

1. Email: legal@intempt.com
2. Postal Mail: Intempt, Inc., Attn: DPO, 268 Bush St, #2824, San Francisco, CA 94104

Intempt’s Dispute Resolution

In compliance with the Principles, Intempt commits to resolve any complaints about your privacy and our collection, use, or disclosure of your personal information. If you have any inquiries or complaints regarding this statement or our compliance with Privacy Shield, you should first contact Intempt at:

1. Email: legal@intempt.com
2. Postal Mail: Intempt, Inc., Attn: DPO, 268 Bush St, #2824, San Francisco, CA 94104

Under certain conditions, more fully described here, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted. In addition, the US Federal Trade Commission is the statutory body that has jurisdiction to hear any claims against Intempt regarding possible unfair or deceptive practices and violations of laws or regulations governing privacy.