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PRIVACY POLICY

the dtx company‍

Effective Date July 5, 2022


1. INTRODUCTION - HOW THIS PRIVACY POLICY WORKS

This Privacy Policy (including the Notice at Collection) covers how we use the
personal information we obtain in connection with our websites (Sites),
Flowpages, and other services, features, content, technology and applications
(desktop and mobile), including, for example, our QR codes known as Flowcodes
and Flowtags (all of which we refer to as our Services). We help participating
companies (Brands) and creators of Flowcodes, Flowtags and/or Flowpages
(Creators) build connections. Sometimes we do this – and provide other aspects
of our Services to Brands, Creators and other consumers using our Services – by
collecting information through Flowpages, Flowtags, Flowcodes or through the
websites, applications or other online properties of Brands and Creators that
use our Services.

If you represent a Brand or are a Creator or a consumer who uses our Services,
this Privacy Policy sets out how we look after your personal information and
contains information regarding your privacy rights when using our Services or
otherwise interacting with dtx. Dtx respects your privacy and is committed to
protecting your personal information.

References to dtx in this Privacy Policy are to the dtx company and its business
operations, including Flowcode and Flowpage.

For the purposes of the relevant privacy and data protection law in the United
Kingdom, European Union, or locations with similar law, in most cases (except
where we have agreed to act solely as a “processor” of your information on
behalf of a Brand or Creator you are interacting with as discussed below), the
dtx company is considered the “controller” of your personal information. This
means that we are responsible for deciding how we store and use personal
information about you and providing you with the information contained in this
Privacy Policy.

This Privacy Policy only applies to dtx’s handling of your personal information.
Brands, Creators and other third parties collect and handle personal information
pursuant to their own policies and procedures, which differ from this Privacy
Policy and for which they are responsible. Clicking on third-party links or
enabling connections to third parties through our Services (including by using
or visiting their Flowcodes, Flowpages or Flowtags) may allow third parties to
collect or share personal information about you. Often, these third parties will
act as separate and independent controllers of your personal information,
including with respect to information they collect on Flowpages and through
Flowcodes and Flowtags. We do not control these third parties  and are not
responsible for their privacy policies and procedures.

By using a Site or other Services, such as by scanning a dtx-powered QR code
(such as one labeled Flowcode, Flowtag or Flowpage), creating a personalized QR
code (“Personal QR code”) or creating a Flowpage (“Personal Flowpage”) or
Flowtag, you acknowledge the collection and handling of your information as
described in this Privacy Policy.

The types of information we collect are described in our Notice at Collection
below. You share some of that information with us using the information
collection technology described below. We also may use that technology to
collect information about you automatically. We may also receive personal
information from Brands, Creators, service providers, and data partners, as well
as from publicly available sources such as websites. If you share your Personal
QR code or you share any other QR code (including through your Personal
Flowpage) with another person who then scans that QR code, we may collect
information from that person’s device in the same categories of information as
described in the Notice at Collection and this Privacy Policy, and that
collection of information will be subject to the terms of this Privacy Policy.
In addition, if a Personal Flowpage uses our contact collection, COVID form or
other information collection widget, another person (for example, a Flowpage
visitor) may enter additional information into that widget. In that case, our
own collection and handling of such information will be subject to the terms of
this Privacy Policy, but the Flowpage Creator’s handling of the information will
be subject to their own privacy policies and practices.

It is important that you read this Privacy Policy together with any other
privacy policy or notice we provide on specific occasions so that you are aware
of how and why we are using your personal information. This Privacy Policy also
does not form part of any contract of services.

We will update this Privacy Policy from time to time and may also notify you in
other ways from time to time about how we handle your personal information.


2. QR CODES

When you point the camera on any modern phone or tablet at a QR code, you’ll
either be given an option to take some action, or your device will automatically
take that action. For example, when you point the camera at the QR code above,
you’ll see the option to visit a webpage. Some QR codes can do other things,
like download some content or install an app.

When you use a dtx-powered QR code, we may collect some information about that
interaction via cookies. For example, a Brand could display a dtx-powered QR
code on a billboard, in a Flowtag, in an ad on TV, on the Brand’s product, or
anywhere else, along with an invitation to scan it to get a coupon, find out
more information about a product, or purchase a product (“Brand Destination”).
If you scan it, your phone may visit a dtx Site (such as flowto.it, flwc.de or
shop2.it) for a split second while on its way to the Brand Destination. At the
dtx Site we may collect information, such as the IP address of your device, the
time of the scan, information about the browser your device uses and about your
device’s operating system. Dtx may also use cookies and the other information
collection technology described below in the Cookie Notice on that dtx Site and
at the Brand Destination to collect information. If you scan the QR Code using a
dtx mobile application, dtx may also associate your geolocation at that time
with your scan.


‍3. NOTICE AT COLLECTION - HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION

This Notice at Collection (along with the rest of the Privacy Policy) sets out
how we collect and use your personal information, the personal information that
we collect and the purposes for which we collect it.

Our Services are not directed at and should not be used by children under the
age of 16. If we learn that we have collected the personal information of a
child under the age of 16, we will delete it or take other steps if required
under applicable law. Please inform us if you believe we have collected the
personal information of a child under the age of 16 by emailing us at
privacy@flowcode.com

The legal basis for our collection and use of your personal information

We will only use your personal information when the law allows us to. If you are
based in the United Kingdom or Europe we will only use your personal information
if we have one of the following legal bases:

 * where we need to perform the contract we have entered into with you (for
   example the Terms of Service);
 * where it is necessary for our legitimate interests and your interests and
   fundamental rights do not override those interests;
 * where we need to comply with a legal obligation;
 * where we need to protect your interests (or someone else’s interests); and/or
 * where we have obtained your consent.

In addition to the specific reasons set out above, we also use your personal
information to:

 * provide our Services to Brands, Creators, users, and others;
 * improve our Services and create new ones;
 * respond to questions, concerns, or customer service inquiries;
 * send information about our current and future Services (or the offerings of
   Brands or Creators), including marketing communications by phone, email,
   online display advertising, and other channels (in line with our legitimate
   interest in marketing our Services and offerings);
 * analyze market conditions and use of our Services;
 * customize the content and advertising individuals see on our Sites, across
   the Internet, and elsewhere
 * enforce the legal terms that govern our business relationships;
 * detect and take measures against fraud, cybersecurity violations and other
   risks;
 * comply with law, protect rights and ensure safety; and
 * create appropriately aggregated or de-identified data, which is not subject
   to our Notice at Collection or the rest of our Privacy Policy, and which we
   may use or disclose for any purpose.

Personal Information collected when you scan one of our QR Codes (including on a
Flowtag):

 * a record of the specific QR Code you scanned in line with our legitimate
   interests (to provide our Services);
 * information about your device, such as its current IP address, the operating
   system and the browser used by the device in line with our legitimate
   interests (to improve our products);
 * unique cookie IDs we assign to your browser in line with our legitimate
   interests (marketing);
 * Geolocation; and
 * inferences drawn from any of the above in line with our legitimate interests
   (to provide our Services).

Personal Information collected in other contexts through use of our Sites or
interactions with our business contacts or other counterparties:

 * contact information, such as name, username, email address, phone number and
   address, and professional or employment-related data (such as title) in line
   with our legitimate interests (to provide our Services);
 * information about your purchases in accordance with your contract with us
   under our Terms of Service;
 * payment details, such as payment card number in accordance with your contract
   with us under our Terms of Service;
 * records of services carried out and business relationships in line with our
   legitimate interests (to provide our Services, carry out marketing and
   improve our Services);
 * information about your interests and marketing preferences in line with our
   legitimate interests (to carry out marketing and improve our Services);
 * information about your device or browser, that we collect through automatic
   means such as cookies and other technology (e.g., unique browser identifiers,
   IP address, browser and operating system information, device identifiers
   (such as the Apple IDFA or Android Advertising ID), geolocation information,
   list of installed apps, local Wi-Fi network name; and internet connection
   information) in line with our legitimate interests (to improve our Services);
 * details you provide through forms or other interactive content that we host,
   such as a COVID check-in form;
 * other information collected through automatic means about your interactions
   with Brands, Creators and other partners, and about your interactions with
   our Sites and Services; and
 * inferences drawn from any of the above.

Collection and Disclosure of California Personal Information During Past 12
Months

We describe in the two charts below the categories of California personal
information we have collected, and the categories of third parties to whom we
have disclosed such information for a business purpose, during the 12 months
leading up to the effective date of this Privacy Policy:

Information collected when you scan a Flowcode:
Category of personal information collected
Categories of third parties to which it was disclosed for a business purpose
Identifiers, such as IP address
Affiliates, customers, and service providers, contractors or agents who perform
functions on our behalf, such as data storage and hosting providers, email
service providers, analytics providers, network and system management providers,
communications tools, IT support providers, CRM providers, incentive providers,
accounting services. Brands
Commercial information, such as information about your use of our QR codes
Same as first row
Internet or other electronic network activity information, such as technical
data about your device and information about your use of QR codes and your
interactions with our Sites and Services, and with Brands, Flowcodes, Flowtags
and Flowpages
Same as first row
Inferences drawn from any of the above information
Same as first row
Other personal information
Category of personal information collected
Categories of third parties to which it was disclosed for a business purpose
Identifiers, such as your name, username, email address, phone number and
address
Affiliates, customers, and service providers, contractors or agents who perform
functions on our behalf, such as data storage and hosting providers, email
service providers, analytics providers, network and system management providers,
communications tools, IT support providers, CRM providers, incentive providers,
accounting services. Brands, Creators
Professional or employment-related information, such as your title
Same as first row
Commercial information, such as information you provided to us in your
communications (some of which is personal information) and information about
your purchases or interactions with our Services
Same as first row
Financial information such as your payment card number
Handled directly by payment card processors and payment service providers
Internet or other electronic network activity information, such as technical
data about your device and your interactions with our Sites and Services, and
with Brands and Flowpages
Same as first row
Inferences drawn from any of the above information
Same as first row


‍4. COOKIE NOTICE – WHAT COOKIES WE USE AS PART OF OUR SERVICES

Through our Sites and other Services (including on Flowpages and in some Brands’
online properties and communications), we and third parties collect information
from your device by automated means such as cookies, web beacons, local storage,
JavaScript, mobile-device functionality and other computer code.

This information may include unique browser identifiers, IP address, browser and
operating system information, device identifiers (such as the Apple IDFA or
Android Advertising ID), geolocation, other device information, Internet
connection information, as well as details about your usage and interactions
with the relevant website, application, email or other online property (for
example, the URL of the third-party website from which you came, the pages and
content on our Site that you view, how frequently you access or use the
Services, and how you engage with or navigate our Services (including the links
you click on), error logs, and other similar information). In some cases (such
as cookies), the tools described here involve storing unique identifiers or
other information on your device for later use.

These technologies help:

 * Display personalized content;
 * Facilitate online marketing;
 * Remember your settings on the pages you visit so that we can display your
   preferred content the next time you visit;
 * Perform analytics, measure traffic and usage trends, and better understand
   the demographics of users;
 * Diagnose and fix technology problems;
 * Plan for and enhance our business; and
 * Facilitate the other uses and disclosures described in this Privacy Policy.

For example, in some cases, we assist with the collection of information by
advertising services provided by third parties. We and ad services may track
your online activities over time by collecting information through automated
means such as cookies, and we or they may use this information to show you ads
that are tailored to your individual interests or characteristics, your prior
visits to certain websites, or other information we or they know, infer, or have
collected from people like you.

In addition, when you scan a dtx-powered QR code, dtx may use cookies and the
other information collection technology described above to collect information
about that interaction (as further described above in the QR Codes section of
our Privacy Policy).

How to opt-out of cookies
To opt out of the non-essential cookies, please select ‘Cookie Settings’ on our
pop-up banner to view the full list of cookies in use and manage your
preferences.

To learn more about interest-based advertising generally, or to opt out of
targeted, interest-based ads by some of our current ad service partners, visit
aboutads.info/choices from each browser you use.

For mobile devices, please read your operating system's instructions for
complete instructions.

 * iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising >
   Enable the "Limit Ad Tracking" setting.
 * For Android devices with OS 2.2 or higher and Google Play Services version
   4.0 or higher: Open your Google Settings app > Ads > Enable "Opt out of
   interest-based advertising".
 * See the NAI guide to mobile device options for additional suggestions for
   managing ad-related preferences.

You can also opt out of Google Analytics and customize the Google Display
Network ads by visiting the Google Ads Settings page from each browser. Google
also allows you to install a Google Analytics Opt-out Browser Add-on for each
browser.

In addition, you may be able to set your browser to refuse certain types of
cookies, or to alert you when certain types of cookies are being used. Some
browsers offer similar settings for HTML5 local storage and other technologies.
However, if you block or otherwise reject our cookies, local storage, JavaScript
or other technologies, certain websites (including some of our own Sites) may
not function as expected.

If you replace, change, upgrade or reset your browser or device, or delete your
cookies, you may need to use these opt-out tools again. We do not respond to
browser-based do-not-track signals.


5. DATA TRANSFER – HOW WE SHARE YOUR INFORMATION

We share your information with third parties as follows:

 * With Brands and Creators: We share information with Brands and Creators. For
   example, when we collect information about you in the context of your
   relationship with (or interaction with) a Brand or Creator, we may share that
   information with the Brand or Creator. When you connect your Flowpage to a
   Brand or Creator by activating one of their Flowtags, we share your
   information with that Brand or Creator. In some cases, Brands, Creators or
   their suppliers may collect information directly from you, such as via forms,
   cookies, or other technology on Flowpages. We may also share personal
   information with Brands or Creators in other situations.
 * With Vendors: We may share your information with companies that provide
   services to us, including, without limitation, facilitating some aspects of
   our Sites or Services such as sending emails and fulfilling customer service
   requests.
 * With Affiliates: We may share information with other members of our corporate
   family for the purposes described in this Privacy Policy.
 * With Business Partners: Where we are permitted to do by applicable privacy
   laws and with your consent if required by law, we may share information with
   businesses with which we partner to offer you certain products, services, and
   promotions which may be of interest to you.
 * With Enterprise Customers: If you sign up for an individual account using an
   email address containing an email domain controlled by a current or future
   enterprise customer, we may share certain information about your account
   status with that enterprise customer (for example, whether you have responded
   to an invitation to convert your account from an individual account to an
   enterprise account). If you consent to converting your account to an
   enterprise account, all information associated with your account may be
   shared with the applicable enterprise customer.
 * With other customers: Similar to the “With Enterprise Customers” sentence
   above, if you have an account that is managed by another account, we may
   share your personal information with that account manager.
 * Legal Proceedings: We share information when we believe disclosure is
   appropriate due to a subpoena or similar investigative demand, a court order,
   or other request from a law enforcement or government agency; to establish or
   exercise our legal rights; to defend against legal claims; or as otherwise
   required by law;
 * Compliance: We share information when we believe disclosure is appropriate in
   connection with efforts to investigate, prevent, or take other action
   regarding illegal activity, suspected fraud or other wrongdoing; to protect
   and defend the rights, property or safety of our company, our users, our
   employees, or others; to comply with applicable law or cooperate with law
   enforcement; or to enforce our Services’ terms and conditions or other
   agreements or policies.
 * Corporate Transactions: We may disclose your information as part of, or to
   take steps in anticipation of, a sale of all or a portion of our business, a
   divestiture, merger, consolidation, or asset sale, a bankruptcy, or other
   significant corporate event.

Whenever we transfer your personal information out of the United Kingdom or
Europe, we ensure a similar degree of protection by using at least one of the
following safeguards:

 * We will transfer your personal information to countries that have been deemed
   to provide an adequate level of protection for personal information by the
   European Commission or the United Kingdom authorities as appropriate.
 * We use specific contracts approved by the European Commission or the United
   Kingdom authorities as appropriate which give personal information the same
   protection it has in Europe or the UK, such as the model contracts for the
   transfer of personal information to third countries.
 * Any data transfer mechanism approved by the European Commission or the United
   Kingdom authorities as appropriate, such as a privacy shield or updated model
   clauses.

Please contact us at privacy@flowcode.com if you would like further information
on the specific mechanism used by us when transferring your personal information
out of the United Kingdom or Europe.


6. DATA SECURITY – HOW WE PROTECT YOUR PERSONAL INFORMATION

We urge you to use a unique password for each of the Services, to keep them in a
safe place and not to give them to anyone. Also remember to sign off your
account and close your browser window when you have finished your visit to the
Sites or your other use of the Services. However, no security method is perfect,
and even if you take those steps, we cannot guarantee that any personal
information will remain secure.


7. RETENTION – HOW LONG WE KEEP YOUR PERSONAL INFORMATION FOR

In general, we will retain your information in identifiable form only for the
time necessary to fulfil the purposes we collected it for, including for the
purposes of satisfying any legal, accounting, or reporting requirements. To
determine the appropriate retention period for personal information, we consider
the potential risk of harm from unauthorised use or disclosure of your personal
information, the amount, nature, and sensitivity of the personal information and
the purposes for which we process your personal information, to determine if we
can achieve those purposes through other means, and the applicable legal
requirements.

Information may persist in copies made for backup and business continuity
purposes for longer than original copies.

In some circumstances we may anonymise your personal information so that it can
no longer be associated with you, in which case we may use such information
without further notice to you.


8. PRIVACY RIGHTS – WHAT RIGHTS YOU HAVE REGARDING YOUR PERSONAL INFORMATION

If you are a resident of Nevada:
Under a Nevada privacy law, certain Nevada residents may opt out of the “sale”
(as defined in that law) of certain categories of information about them to
another person for monetary consideration to a person for that person to license
or sell such information to additional persons. As of the effective date of this
Privacy Policy, we do not engage in such “sales” of information covered by that
law. However, if you are a qualifying Nevada resident, you may submit a request
to opt out of future “sales” by us under that Nevada law by writing to us as
described below. We reserve the right take reasonable steps to verify your
identity and the authenticity of the request. Once verified, we will maintain
your request in the event our practices change.

If you are a resident of California:
This section applies only to “personal information” about California residents,
as that term is defined in the California Consumer Privacy Act (CCPA), and it
supplements the information in the Notice at Collection and the rest of this
Privacy Policy. Personal information about individuals who are not residents of
California may be handled differently and is not subject to the same California
rights described below. This section also does not apply to personal information
that we handle solely on behalf of a Brand or Creator, even when such
information is about a resident of California.

Californians have a right to direct us not to “sell” certain personal
information as that term is defined under the California Consumer Privacy Act or
CCPA. You can exercise that right by completing our CCPA Data Requests Form or
emailing us at privacy@flowcode.com.

CCPA Information and Deletion Rights

If you are a California resident, California law may permit you to request that
we:

 * Inform you of the categories of personal information we have collected about
   you in the last twelve months; the categories of sources of such information;
   the categories of personal information (if any) that we sold or disclosed
   about you for a business purpose, the business or commercial purpose for
   collecting or (if applicable) selling your personal information; and the
   categories of third parties to whom your personal information was sold or
   otherwise disclosed for a business purpose.
 * Provide a copy of certain information we hold about you.
 * Delete certain information we have about you.

Certain information is exempt from such requests under applicable law. You also
may have the right to receive information about the financial incentives that we
offer to you (if any). You also have certain rights under the CCPA not to
receive discriminatory treatment by dtx for the exercise of your CCPA rights. To
request to exercise those CCPA rights, please email us at privacy@flowcode.com.
For security and legal reasons, dtx may not accept requests that require us to
access third-party websites or services. We do not respond to browser-based
do-not-track signals or similar mechanisms. We will take steps to verify your
identity before responding to your request, which may include confirming that
the browser in your possession matches the one associated with the relevant QR
Codes, requesting that you respond to an email that we send to you, or otherwise
verifying your name, email address or other information that will help us to
confirm your identity.

If you are an agent making a request on behalf of a consumer, you must verify
that you are authorized to make that request, which may include requiring you to
provide us with written proof that satisfies CCPA requirements, such as an
appropriate letter signed by the consumer or a power of attorney. We also may
require the consumer to verify their identity directly with us.

CCPA “sale” of California personal information

dtx does not “sell” and has not “sold” personal information in the way those
terms are conventionally defined. For example, we do not sell email lists or any
other personal information in exchange for monetary value from a purchaser.
However, the CCPA defines a “sale” in very specific terms, that may encompass
some situations when a website or application uses third-party cookies and
similar technology for its own analytics or advertising purposes, even when the
website or application pays the third-party provider (not vice versa). dtx, like
most companies, does use those sorts of services.

For that reason such as that, prior to the effective date of this Privacy
Policy, dtx is considered to have engaged in such “sales” (as defined in the
CCPA) of what the CCPA calls “identifiers” (like IP addresses), “internet or
other electronic network activity information” (like information regarding an
individual’s browsing interactions with a website or application), and
“commercial information” (like the fact that a browser visited a particular
page) to our analytics and advertising vendors, and to Brands and Creators.
These practices continue today.

To make a do-not-sell request, please email us at privacy@flowcode.com. You will
need to follow the steps in our email response to complete your request. To
exercise more specific choices regarding our use of some of our analytics and
advertising vendors, please use the controls described in the Cookie Notices and
Other Information Collection Technology section of our Privacy Policy. dtx has
no actual knowledge of selling the personal information of minors under 16 years
of age.

California Shine the Light Disclosure

The California “Shine the Light” law gives residents of California the right
under certain circumstances to request information from us regarding the manner
in which we shared certain categories of “personal information” with third
parties for their “direct marketing purposes” (as defined in the Shine the Light
law) in the prior calendar year. To exercise that right, please contact us as
described below.

If you are located in Europe or the United Kingdom:

It is important that the personal information we hold about you is accurate and
current. Please keep us informed if your personal information changes during
your relationship with us.

Under certain circumstances you have the right to:

 * Request access to your personal information (commonly known as a “data
   subject access request”). This enables you to receive a copy of the personal
   information we hold about you and to check that we are lawfully processing
   it.
 * Request correction of the personal information that we hold about you. This
   enables you to have any incomplete or inaccurate information we hold about
   you corrected.
 * Request erasure of your personal information. This enables you to ask us to
   delete or remove personal information 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 information where you have exercised your right to
   object to processing (see below).
 * Object to processing of your personal information 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. You also have the right to object where we are processing your
   personal information for direct marketing purposes.
 * Request the restriction of processing of your personal information. This
   enables you to ask us to suspend the processing of personal information about
   you, for example if you want us to establish its accuracy or the reason for
   processing it.
 * Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal
information, object to the processing of your personal information, or request
that we transfer a copy of your personal information to another party, please
contact us.

You will not have to pay a fee to access your personal information (or to
exercise any of the other rights). However, we may charge a reasonable fee if
your request for access is clearly unfounded or excessive. Alternatively, we may
refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your
identity and ensure your right to access the information (or to exercise any of
your other rights). This is a security measure to ensure that personal
information is not disclosed to any unauthorised people.

In the limited circumstances where you may have provided your consent to the
collection, processing and transfer of your personal information for a specific
purpose, you have the right to withdraw your consent for that specific
processing at any time. To withdraw your consent, please contact us. Once we
have received notification that you have withdrawn your consent, we will no
longer process your information for the purpose or purposes you originally
agreed to, unless we have another legitimate basis for doing so in law.


9. MARKETING – WHAT CHOICES YOU HAVE REGARDING MARKETING YOU RECEIVE FROM US

You can unsubscribe from dtx marketing emails at any time. If you have
established an online account with our Services, you may also be able to login
to that account to access or change your personal information, or to use certain
privacy preference settings.

If you do not want us to see or access your device location, you can turn off
location sharing on your device, change your device privacy settings, or change
your device’s location settings for our application. Please note that disabling
such features may result in you not being able to access or receive some of the
present or future content available in the Services.

If you would like to opt out of receiving marketing or promotional emails from
dtx, please contact privacy@flowcode.com or follow the instructions in those
messages. Please note that if you opt out, we may still send you non-promotional
or non-marketing messages, such as communications regarding Services you have
requested.


10. CONTACT DETAILS – HOW TO GET IN TOUCH WITH US

If you have any questions about this Privacy Policy including any requests to
exercise your legal rights, please contact us via:

 * email at privacy@flowcode.com
 * mail at:
   the dtx company
   Attn: Privacy Team
   233 Spring St.
   West 3rd Floor
   New York, NY 10013


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