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MITRATECH PRIVACY STATEMENT


PRIVACY STATEMENT

Mitratech Holdings, Inc. and ThinkSmart LLC (“Mitratech,” ”we,” “us,” “our”)
have adopted consistent, globally valid data protection and data security
standards for processing the sensitive data of its clients, partners, prospects,
and employees in line with globally accepted principles. Mitratech holds
responsibilities for protecting the privacy of sensitive data, including any
personal information being maintained, against threats posed by unauthorized
access or misuse. In addition, Mitratech respects individual privacy and shall
handle all sensitive information with care.

This statement undergirds Mitratech’s ability to adapt to a changing global
marketplace and forms the basis for long-lasting business relationships built on
trust. This statement also sets important basic conditions for the global
exchange of data, as it guarantees a reasonable level of data protection for
trans-border data flows.

This statement applies to Mitratech Holdings, Inc. as well as associated
companies and their employees and covers the following: processing of sensitive
data relating to clients, partners, Mitratech employees, and prospects. This
includes data relating to prospects, suppliers, and shareholders.


DEFINITIONS

Sensitive Data – any information relating to a person who can be identified,
directly or indirectly, 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, or information that reveals
race, ethnic origin, sexual orientation, political opinions, religious or
philosophical beliefs, or trade union membership, or that concerns an
individual’s health. Additionally, this includes any information that is
intellectual property or considered confidential to Mitratech, its clients, or
third parties.

Data Subject – a natural person whose personal data is processed by a controller
or processor

Data Processor – a natural or legal person, public authority, agency or other
body which processes personal data on behalf of the controller

Data Controller – a natural or legal person, public authority, agency or other
body which, alone or jointly with others, determines the purposes and means of
the processing of personal data

Consent – any freely given, specific, informed and unambiguous indication of the
data subject’s wishes by which he or she, by a statement or by a clear
affirmative action, signifies agreement to the processing of personal data
relating to him or her


PERSONAL INFORMATION WE COLLECT

The data we collect depends on the context of your interactions with Mitratech,
the choices you make, and the products and features you use. The data we collect
may include the following:

Website: The information gathered on Mitratech’s website(s) generally includes
company names, locations, times and dates of access, and the web pages viewed
while visiting. Additionally, information is collected on the search engines and
search phrases used to find our website(s). We may also collect the name of
Internet Service Providers and the operating system of your computer.
Mitratech’s website uses “cookies,” small text files that can be read by a web
server in the domain that put the cookie on your hard drive. User registration
may be required to access some of the features on our website(s). Upon
registration, we require you to provide your name, title, company, e-mail
address, and phone number. A Mitratech representative will contact you to set up
an account. We may request additional information from you at that time.

Clients, Prospects and Partners: Mitratech collects personal information of its
Clients, Prospects and Partners to facilitate sales, marketing, customer
support, and related operations essential to Mitratech. This includes contact
information such as name, email address, phone number, and similar data.
Mitratech also collects information you provide to us and the content of
messages you send to us, such as feedback and product reviews you write, or
questions and information you provide for customer support. When you contact us,
such as for customer support, phone conversations or chat sessions with our
representatives may be monitored and recorded.

Use by Children: Mitratech, as a standard practice, does not knowingly or
specifically collect, use, or require any information about minors under the age
of 18. The website(s) run by Mitratech are not intended for minors under the age
of 18. If you believe that we have mistakenly or unintentionally collected such
information, please notify us so that we may delete the information from our
servers.


HOW WE USE PERSONAL INFORMATION

As a policy, Mitratech uses sensitive information only in ways that are
compatible with the purposes for which it was collected or subsequently
authorized by the individual. Mitratech takes reasonable steps to ensure that
sensitive information is relevant to its intended use, accurate, complete, and
current. Mitratech does not provide any of the information we collect to third
parties other than to market our products and services.

Website: Mitratech uses the information we collect to identify and contact
visitors to our website(s) who are seriously interested in our products and
services. Cookies allow us to store user preferences and settings; enable
sign-in; provide interest-based advertising; combat fraud; and analyze how our
websites and online services are performing.

Applications: Using Mitratech’s Applications, information can be processed on an
organization’s own computers or on computers hosted by Mitratech. In the latter
case, Mitratech is an Application Service Provider (ASP), however, each client,
as the collector, administrator, and user of sensitive information within
applications, has primary responsibility for the privacy of that information.
Mitratech, as an ASP, may collect application usage data for the purpose of
product improvement and support.

Clients, Partners, and Prospects: Mitratech may collect information from
Clients, Partners, and Prospects for the purposes of marketing, product support,
and other appropriate channels. Mitratech takes reasonable steps to ensure that
sensitive information is relevant to its intended use, accurate, complete, and
current. Mitratech does not provide any of the information we collect to third
parties other than to market our products and services.


TRANSMISSION OF INFORMATION

For some business processes, it is necessary to pass on sensitive data relating
to clients or partners to third parties. If this does not occur owing to a legal
obligation, it must be checked in each instance whether it is in conflict with
any interest of the data subject that merits protection. If the recipient is
located in a third country, he/she must guarantee an adequate level of data
protection in line with this statement. This does not apply if the data
transmission is carried out owing to a statutory obligation, or to any other
permissible legal obligation. The recipient must be bound under contract only to
use the data for the specified purpose.

Transfers to Agents: Mitratech will obtain assurances from their agents that
they will safeguard sensitive information consistently with this statement.
Examples of appropriate assurances that may be provided by agents include, but
are not limited to: a contract obligating the agent to provide at least the same
level of protection as is required by the relevant Data Privacy Principles,
being subject to the EU General Data Protection Regulation (Regulation (EU)
2016/679), EU-U.S. or Swiss-U.S. Privacy Shield certification by the agent, or
being subject to another European Commission adequacy finding. Where Mitratech
becomes aware that an agent is using or disclosing sensitive information in a
manner contrary to this statement, Mitratech will take reasonable steps to
prevent or stop the use or disclosure. Mitratech may be required to disclose an
individual’s personal information in response to a lawful request by public
authorities, including to meet national security or law enforcement
requirements.

International Transfer of Information: Mitratech primarily stores data about
clients and visitors to the Mitratech website in the United States. To
facilitate Mitratech’s global operations, Mitratech may transfer and access such
information from around the world, including from other countries in which
Mitratech has operations, such as the United States, United Kingdom, and
Australia. A list of the Mitratech’s global offices is available upon request.
This statement shall apply even if Mitratech transfers data to other countries.

In the case that data is transmitted to Mitratech by third parties, it must be
ensured that the data have been collected lawfully in accordance with the
relevant legal provisions, and that the use of such data for the intended data
processing activities is permitted.


NOTICE AND CONSENT

Mitratech will inform individuals about the type(s) of sensitive information it
collects, the purposes for which it collects and uses sensitive information, and
the types of non-agent third parties to which Mitratech discloses or may
disclose information, and the choices and means, if any, Mitratech offers
individuals for limiting the use and disclosure of their sensitive information.
Notice will be provided in clear and conspicuous language before individuals are
first asked to provide sensitive information to Mitratech, or as soon as
practicable thereafter, and in any event before Mitratech uses or discloses the
information for a purpose other than that for which it was originally collected.

Mitratech will offer individuals the opportunity to choose (opt-out) where their
information is to be (a) disclosed to a non-agent third party, or (b) used for a
purpose other than the purpose for which it was originally collected or
subsequently authorized by the individual. Per the EU General Data Protection
Regulation, an opt-in opportunity will be provided to applicable individuals
prior to data collection.

Sensitive Personal Information may be processed only under certain conditions.
Mitratech will give individuals the opportunity to affirmatively and explicitly
(opt-in) consent to the disclosure of any information to a non-agent third party
or the use of the information for a purpose other than the purpose for which it
was originally collected or subsequently authorized by the individual. Mitratech
will provide individuals with reasonable mechanisms to exercise their choices.


DATA PROCESSING LIMITATIONS

Mitratech will use information only in ways that are compatible with the
purposes for which it was collected or subsequently authorized by the
individual, and will take reasonable steps to ensure that sensitive information
is relevant to its intended use, accurate, complete, and current.

Before any step is taken to process sensitive data, it must be verified whether
and to what extent the processing of said data is necessary in order to achieve
the purpose for which it is undertaken. Where the purpose allows and where the
expense involved is in proportion with the goal being pursued, anonymized or
statistical data must be used. This statement does not apply to statistical
analysis or studies based on anonymized data.

Information that is no longer needed for its intended purpose should be deleted
in compliance with Mitratech’s existing archival guidelines. Per the EU General
Data Protection Regulation, applicable sensitive information may not be
collected in advance and stored for potential future purposes unless required
under the law of the individual nation.


ACCESS AND CORRECTION

Upon request, Mitratech will grant data subjects reasonable access to sensitive
data that it holds about them, including information about how the data was
collected and its purpose(s).

Additionally, Mitratech will take reasonable steps to delete information if the
processing of such data has no legal basis, or if the legal basis has ceased to
apply. Individuals may also request the correction or amendment of information
that is determined to be inaccurate or incomplete, or objection to information
processing altogether.


INFORMATION SECURITY AND CONFIDENTIALITY

Mitratech has implemented industry standard security methods, technologies, and
processes to safeguard sensitive information from unauthorized access and
unlawful processing or disclosure, as well as accidental loss, modification, or
destruction. All sensitive information is treated confidential; any unauthorized
collection, processing, or use of such data is prohibited. In the context of
increasingly flexible company organization, it must be ensured that employees
have access to sensitive data on a need-to-know basis only. The need-to-know
principle means that employees may have access to sensitive information only as
is appropriate for the type and scope of the task in question. This requires a
careful breakdown and separation, as well as implementation, of roles and
responsibilities.


REGULATORY INFORMATION

This statement embodies the internationally accepted principles of data
protection and privacy, without replacing existing national laws. It applies in
all cases as far as it is not in conflict with the respective national law;
additionally, the national law shall apply if it makes greater demands. National
law applies in the case that it entails a mandatory deviation from, or exceeds
the scope of, this statement for data protection. This statement also applies in
countries in which there is no corresponding national legislation in place.

EU GDPR: Mitratech adheres to the EU General Data Protection Regulation as set
forth by the European Parliament & Council regarding the processing of personal
data and the free movement of such data.

EU-U.S. and Swiss-U.S Privacy Shield: Mitratech adheres to the EU-U.S. and
Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of
Commerce regarding the collection, use, and retention of personal information
transferred from the European Union and Switzerland to the United States.
Mitratech has certified to the Department of Commerce that it adheres to the
Privacy Shield Principles. The Federal Trade Commission has jurisdiction over
Mitratech’s compliance with the Privacy Shield. Mitratech complies with the
Privacy Shield Principles for all onward transfers of Personal Information from
the EU and Switzerland, including the onward transfer liability provisions

If there are any conflicts between the terms in this statement and EU data
privacy principles, the principles shall govern.

California Privacy Rights: Under California law, California residents may
request once a year, free of charge, certain information regarding our
disclosure of personal information to third parties for direct marketing
purposes.


DISPUTE RESOLUTION

Mitratech will investigate and attempt to resolve complaints and disputes
regarding the use and disclosure of sensitive information in accordance with the
principles contained in this statement. European Union or Swiss individuals with
inquiries or complaints regarding their personal information should first
contact Mitratech at support@mitratech.com.

Mitratech has further committed to refer unresolved complaints to alternative
dispute resolution providers located within Switzerland and the EU.
Specifically, the EU Data Protection Authorities (DPA) and the Swiss Federal
Data Protection and Information Commissioner (FDPIC). The services of these
authorities are provided at no cost to you.

An individual has the possibility, under certain conditions, to invoke binding
arbitration for complaints regarding Privacy Shield compliance not resolved by
any of the other Privacy Shield mechanisms. To learn more about the Privacy
Shield program, please visit https://www.privacyshield.gov/.

This statement will be revised periodically in accordance with industry
standards and changes in Mitratech’s operational environment.


CALIFORNIA RESIDENTS

Pursuant to the California Consumer Privacy Act of 2018 (CCPA), California
residents have specific rights regarding your personal information as described
below.

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information
contained in this Privacy Policy of Mitratech and applies solely to all
visitors, users, and others who reside in the State of California (“consumers”
or “you”). We adopt this notice to comply with the California Consumer Privacy
Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when
used in this Notice.


INFORMATION WE COLLECT

Mitratech collects information under the direction of our Customers and has no
direct relationship with individuals whose personal information we process in
connection with our Customer’s use of our services and websites. If you are an
individual who interacts with a Customer using our services and websites (such
as an end-client of one of our Customers) and would either like to amend your
contact information or no longer wish to be contacted by one of our Customers
that use our services and websites, please contact the Customer that you
interact with directly.

We may collect information about you as described in the Personal Information We
Collect section in this Privacy Policy only if we need the information for some
legitimate purpose. Mitratech will have information about you only if (a) you
have provided the information yourself, (b) Mitratech has automatically
collected the information, or (c) Mitratech has obtained the information from a
third party.

In the past twelve (12) months, we have collected and disclosed personal
information for a business purpose consisting of the following categories of
personal information:

 * Identifiers such as your real name, alias, postal address, online identifier,
   Internet Protocol address, email address, account name, or other similar
   identifiers.
 * Geolocation data such as physical location or movements of you or your
   device.

We disclose your personal information for a business purpose to service
providers. In the past twelve (12) months, we have not sold personal
information.

 

To view the information PC Legal Tools Inc., dba Tracker Corp (“Tracker”)
collects please visit the following link: Information Tracker Collects

To view the information INSZoom, Inc. (“INSZoom”) collects please visit the
following link: Information INSZoom Collects

To view the information Acuity ELM (“Acuity ELM”) collects please visit the
following link: Information Acuity ELM Collects


USE OF PERSONAL INFORMATION

To learn more about the sources from which we collect those categories of
personal information, how we use personal information, and how we transmit
personal information, see the How We Use Personal Information and Transmission
of Information in our Privacy Policy. We will not collect additional categories
of personal information or use the personal information we collected for
materially different, unrelated, or incompatible purposes without providing you
notice.

We do not and will not sell any personal information. We share your information
only in the ways that are described in this Privacy Policy, and only with
parties who adopt appropriate confidentiality and security measures.

We may disclose your personal information to a third party for a business
purpose. When we disclose personal information for a business purpose, we enter
a contract that describes the purpose and requires the recipient to both keep
that personal information confidential and not use it for any purpose except
performing the contract.

We share your personal information with the following categories of third
parties:

 * Service providers.
 * Data aggregators.


YOUR CHOICE IN INFORMATION USE

Opt out of non-essential electronic communications: You may opt out of receiving
newsletters and other non-essential messages by using the ‘unsubscribe’ function
included in all such messages. However, you will continue to receive notices and
essential transactional emails.

Disable cookies: You can disable browser cookies before visiting our websites.
However, if you do so, you may not be able to use certain features of the
websites properly.

Optional information: You can choose not to provide optional profile information
such as your photo. You can also delete or change your optional profile
information. You can always choose not to fill in non-mandatory fields when you
submit any form linked to our websites.


YOUR RIGHTS WITH RESPECT TO INFORMATION WE HOLD ABOUT YOU AS A BUSINESS

You have the following rights with respect to information that Mitratech holds
about you.

Right to access: You have the right to access (and obtain a copy of, if
required) the categories of personal information that we hold about you,
including the information’s source, purpose and period of processing, and the
persons to whom the information is shared.

Right to rectification: You have the right to update the information we hold
about you or to rectify any inaccuracies. Based on the purpose for which we use
your information, you can instruct us to add supplemental information about you
in our database.

Right to erasure: You have the right to request that we delete your personal
information in certain circumstances, such as when it is no longer necessary for
the purpose for which it was originally collected.

Right to restriction of processing: You may also have the right to request to
restrict the use of your information in certain circumstances, such as when you
have objected to our use of your data but we need to verify whether we have
overriding legitimate grounds to use it.

Right to data portability: You have the right to transfer your information to a
third party in a structured, commonly used and machine-readable format, in
circumstances where the information is processed with your consent or by
automated means.

Right to object: You have the right to object to the use of your information in
certain circumstances, such as the use of your personal information for direct
marketing.


YOUR RIGHTS AND CHOICES UNDER THE CCPA

Pursuant to the CCPA, consumers have specific rights regarding your personal
information. You have the right to access your personal information and the
right request that Mitratech disclose certain information to you about our
collection and use of your personal information over the past twelve (12)
months. You have the right to request that we delete your personal information
that we have collected and retained, subject to certain exceptions. Mitratech
may deny your deletion request if retaining the information is necessary for us
or our service provider(s) to complete certain business purposes or to comply
with legal obligations.

You have the right to direct Mitratech to not sell your personal information at
any time.


HOW TO EXERCISE ACCESS AND DELETION RIGHTS

If you would like more information or would like to exercise the access and
deletion rights described above, please submit a privacy-related request by
doing the following:

 * Calling us at this toll-free phone number: 1 888 784 7224;
 * Emailing us at privacy@mitratech.com describing the nature of your request;
   or
 * Completing this online form.

Only you, or someone legally authorized to act on your behalf, may make a
verifiable consumer request related to your personal information. You may only
make a verifiable consumer request for access or data portability twice within a
12-month period. The verifiable consumer request must provide sufficient
information that allows us to reasonably verify you are the person about whom we
collected personal information or an authorized representative, which will
require proof that the person is authorized to act on your behalf. Additionally,
the verifiable consumer request must describe your request with sufficient
detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we
cannot verify your identity or authority to make the request and confirm the
personal information relates to you. We will only use personal information
provided in a request only to verify the requestor’s identity or authority to
make the request. We endeavor to comply with a request within 45 days of its
receipt. If we require more time (up to 90 days), we will inform you, in
writing, the reason for the delay. Any information we provide will only cover
the 12-month period preceding the request’s receipt.


RETENTION OF INFORMATION

We retain your personal information for as long as it is required for the
purposes stated in this Privacy Policy. Sometimes, we may retain your
information for longer periods as permitted or required by law, such as to
maintain suppression lists, prevent abuse, if required in connection with a
legal claim or proceeding, to enforce our agreements, for tax, accounting, or to
comply with other legal obligations. When we no longer have a legitimate need to
process your information, we will delete or anonymize your information from our
active databases. We will also securely store the information and isolate it
from further processing on backup discs until deletion is possible.


CHILDREN’S PERSONAL INFORMATION

Our services are not directed to individuals under 16. Mitratech does not
knowingly collect personal information from children who are under 16 years of
age. If we become aware that a child under 16 has provided us with personal
information, we will take steps to delete such information. If you believe that
a child under 16 years has provided personal information to us, please write
to privacy@mitratech.com with the details, and we will take the necessary steps
to delete the information we hold about that child.


NON-DISCRIMINATION

We will not discriminate against you for exercising your CCPA rights.


YOUR RIGHTS TO INFORMATION SHARED

California residents may request, pursuant to California’s “Shine the Light” law
(Civil Code Section § 1798.83), certain information regarding our disclosure of
personal information to third parties for their direct marketing purposes. To
make such a request, please contact us by using the information listed below.


CONTACT US

If you have any questions about this Privacy Policy, the ways in which Mitratech
collects and uses your information described here, your choices and rights
regarding such use, or requests regarding your personal information or
complaints, please contact us at:

Mitratech Holdings, Inc.

Attn: Legal Department

5001 Plaza on the Lake

Suite 111

Austin, TX 78746

Email: Privacy@mitratech.com

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