Privacy Statement

Last revised and effective as of May 10th, 2023.

Welcome to our website. This Privacy Statement describes the types of information that GroupBy, Inc. or its subsidiaries or affiliates ("we" or "us") collects from and about our customers and their corporate representatives on our website, www.GroupByInc.com (the "Site"). Our Site and the services we provide are aimed at companies and their representatives and not at individual consumers or households.

Your privacy is important to us. This Privacy Statement is for informational purposes and sets forth our policy with respect to the collection, use and disclosure of business information that we collect when engaging with prospective Customers and existing Customer Representatives. By using the Site, you agree to the data collection, use, disclosure and storage practices described in this Privacy Statement.

Our Site provides information about our company and our platform and related services to potential and existing corporate customers ("Customers"). When you interact with us through the Site on behalf of a Customer, we may collect information from you as a "Customer Representative," as further described below.

GroupBy provides various data analytics and marketing services to Customers and collects business information from Customer Representatives. GroupBy also receives certain pseudonymized or anonymized consumer household information from its Customers and information relating to purchasing or browsing history on our Customer's websites (the "Customer Data") in order to provide its services. When this happens, GroupBy and is generally a processor, and not a controller, of consumer or household personal information that our Customers share with us to provide our services. In some countries, including in the European Economic Area, this information may be considered personal data under applicable data protection laws.

To the extent our Customers disclose personal information of consumers or households to us, we may be considered a "service provider" under California law or a "processor" under the laws of the EEA, UK or Switzerland, Colorado, Connecticut, Utah and Virginia.

If you are a consumer and would like to opt-out of GroupBy processing your information on behalf of a Customer, which may include sharing your information with our Service Providers or subprocessors, please contact our Customer directly in order to exercise your privacy rights.

We collect personal information about Customer Representatives in a range of forms, including personal business information, when they choose to provide it to us. Personal information (or personal data) means information about an individual from which that person can be identified. It does not include personal information where the identity has been removed (anonymous personal information). This may include when Customer Representatives contact us with inquiries or otherwise contact us. We do not collect consumer or household personal information directly from individual consumers.

If Customer Represenatives make purchases through the Site, they may provide certain payment information, such as payment card or other financial account information, and billing address. A third-party payment processor, such Google Marketplace, collects and processes that information directly from you in order to process payments on our behalf; we do not collect or retain your payment information.

Authorized User Notice and Collection of Information

As a Customer Representative, if you have login access to the Site on behalf of one of our Customers, you are considered an Authorized User under the Customer's contract with us. The Customer decides how the information you provide is collected and used, including what is shared with us for our use. Your use of the Site is subject to our privacy statement and terms of use, as well as the contract with our Customer. If you have questions about the collection and use of your information on a Site as part of services we provide to a Customer, please contact the Customer, who may be your employer.

We do not sell or share Customer Representative information with third parties.

We collect business contact information from Customer Representatives including name, address, email address, telephone number, mobile telephone number or geolocation information or any other information they provide while using our Services on behalf of a Customer, such as login or password. We may only be able to change how we share personal information of Customer Representatives in accordance with our agreement with our Customers or our Customer's instructions.

This Site is not intended to collect personal health information or other sensitive information about Customer Representatives. Any such information should remain with the Customer and should be shared and used only in accordance with our contracts with our Customers and the Customer's privacy and other policies and procedures.

If a Customer Representative provides us with the name of their company, we may use the name of the company (but not other information) on a list of current or former customers for promotional purposes.

We do not intentionally collect personally identifiable information from visitors to the Site. If you use a third party service to link to us or communicate with us (such as a social network or third party video chat), we may receive certain information about you from the third party based on your registration and privacy settings on those third party services.

Information Collected From Other Sources

We may obtain Customer Data from other sources, including from websites and social networks that individuals use to connect with our Customers. This information may include purchase or browsing history, anonymous identifier, demographic information, interests, and publicly-observed data, such as from social media and online activity that we may review or analyze for our internal customer acquisition or support purposes or in order to provide a service to our Customers.

Information Obtained from Third Parties

If we receive Customer Data about you from or on behalf of our Customers, we will only use that information for the specific reason for which it was provided to us.

Information Use

We may use the information we collect from and about Customer Representatives on our Site to:

• Assess the needs of your business to determine suitable products;
• Send you requested product or service information;
• Respond to customer service requests;
• Send you a newsletter and marketing communications;
• Respond to your questions and concerns;
• Improve the content and functionality of our Web site and marketing efforts;
• Conduct research and analysis;
• Display content based upon your interests;
• Comply with applicable laws, including to respond to requests from public and government authorities;
• Enforce this Privacy Statement;
• Protect our rights, privacy, safety or property, and/or that of you or others.
• Develop new programs, products or services
• Protect the security or integrity of the Services and our business; and
• As described to you at the point of data collection or in our Agreement with our Customer.

Information Sharing

We may share Customer Representative information as further described below. We may also share certain Customer Data that we receive from our Customers with our Service Providers or subprocessors, such as Google, in order to provide our services to our Customers.

We may contract with third parties to perform functions related to the Site and services we provide to our Customers. These third parties will have access to only that Customer Representative information and Customer Data needed to perform their business functions, but may not use or share that information for other purposes. These companies are authorized to use your personal information only as necessary to provide these services to us and/or to support the services we provide to our Customers.

We do not sell Customer Representative information or Customer Data.

If you are a consumer and would like to opt-out of GroupBy processing your information on behalf of a Customer, which may include sharing your information with our Service Providers or subprocessors, please contact our Customer directly in order to exercise your privacy rights.

We may share the information we collect from and about Customer Representatives:

(1) with third parties that we believe may provide promotional materials, and goods and services that may be of interest to you;

(2) with our Service Providers, if the disclosure will enable them to perform a business, professional or technical support function for us, including as part of our agreement with our Customers;

(3) as necessary if we believe that there has been a violation of this Privacy Statement, our Terms of Use , of our rights or the rights of any third party;

(4) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

(5) to respond to judicial process or provide information to law enforcement or regulatory agencies or in connection with an investigation on matters related to public safety, national security or law enforcement, as permitted by law, or otherwise as required by law; and

(6) as described to you at the point of collection or in our Agreement with a Customer.

If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Information We Automatically Collect and cookie policy

As a service provider, we may use certain tracking technologies to assist our Customers in collecting information about your online activities and across third-party websites or other online services (behavioral tracking). Specific inquiries about online advertisements, including on social media, should be directed at our Customers.

We and our third party service providers, including advertisers, analytics, and third party content providers, may automatically collect certain information from you as a Site visitor or Customer Representative whenever you access or interact with the Site. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Site, the search terms you entered into a search engine that led you to the Site, areas within the Site that you visited, and other information commonly shared when browsers communicate with websites. When service providers receive this information, they are not permitted to use the information collected on our behalf except to help use conduct and improve our business.

As is true of most web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

We may use cookies, web beacons, pixel tags, log files, or other technologies to automatically collect certain information when you use our Site or interact with our emails and online or mobile advertisements. For example, we may automatically collect certain non-personal information from you such as your mobile device identifier or MAC address, browser type, operating system, device model, software version, Internet Protocol ("IP") address, mobile or ISP carrier information, and the domain name from which you accessed the Site. We also may collect information about your use of the Site including the date and time you access the Site, the areas or pages of the Site that you visit, the amount of time you spend using the Site, the number of times you return, whether you open forward or click-through emails and ads, and other usage data so that we can understand the statistical use trends of our Site in order to make improvements. This information may be stored and used with your personal information attached to it. For more information on our use of cookies, click https://www.groupbyinc.com/compliance/use-of-cookies.

We capture the following information:

• Domain Name – through which you access the Internet
• IP address – from the computer or network used to access our website
• Web browser – and operating system used
• Date and time – you accessed our site
• Referral Internet address – of the website from which you clicked to get to our website
• Search terms – used in a search engine (like google.com) that brought you to our website.

We may also use third-party tools or services, such as Google Analytics, to assist us with analyzing and improving the Site. These service providers are not permitted to use the information collected on our behalf except to help use conduct and improve our business.

The information we collect also includes the Internet Protocol ("IP") address or other device identifier ("Device Identifier") for any device (computer, mobile phone, tablet, etc.) used to access the Site. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Site, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Site. If such information is linked to your Personal Information, we will treat it as Personal Information under this Privacy Statement.

The technology used to collect information automatically from Site visitors and Customer Representatives may include the following:

Cookies: Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Site and to track your compliance with any GroupBy applicable policies) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Site, to better understand how visitors interact with the Site and to monitor aggregate usage by GroupBy Users and web traffic routing on the Site). You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all functionality of the Site.

Web Beacons: We may also employ software technology known as "web beacons" or "tracking tags" to help us keep track of what content on our Site is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Site, to monitor how GroupBy Users navigate the Site, to count how many e-mails that were sent were actually opened, or to count how many particular articles or links were actually viewed.

Embedded Scripts: An Embedded Script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Site.

In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.

Tracking Options, EEA/UK/Switzerland and California Do Not Track Disclosures. We strive to provide you with choices regarding the personal information you provide to us.

You may adjust your browser or operating system settings to limit this tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the "Help" menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. To learn more about the use of cookies or other technologies to deliver more relevant advertising and your choices about not having this information used by certain Service Providers (defined below), please click here. On your mobile device, you can adjust your privacy and advertising settings to limit your tracking for advertising or control whether you receive more relevant advertising. Note that our systems may not recognize Do Not Track headers or requests from some or all browsers.

You may adjust your browser or operating system settings to limit this tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the "Help" menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. To learn more about the use of cookies or other technologies to deliver more relevant advertising and your choices about not having this information used by certain Service Providers (defined below), please click here.

On your mobile device, you can adjust your privacy and advertising settings to limit your tracking for advertising or control whether you receive more relevant advertising. Note that our systems may not recognize Do Not Track headers or requests from some or all browsers.

Combination of Information

We may combine the information we receive from and about you, including information you provide to us and information we automatically collect through our Site, as well as information collected offline or from third party sources to help us tailor our communications to you and to improve our services.

We may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about Customer Representatives and Customer Data may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the Site in a manner that is consistent with this Privacy Statement.

If you are a Customer Representative and you do not want us to share your personal information as set forth in this Privacy Statement, please contact our Customer or contact us at [email protected].

If you are a consumer and would like to opt-out of GroupBy processing your information on behalf of a Customer, which may include sharing your information with our Service Providers or subprocessors, please contact our Customer directly in order to exercise your privacy rights.

Your California Privacy Rights

Pursuant to California Civil Code Section 1798.83, California residents who provide us with personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: [email protected]. You must put the statement "Your California Privacy Rights" in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your e-mail address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Legal Requirements

We may disclose Customer Representative Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Company, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

Children

Protecting children's privacy is important to us. We do not direct the Site to, nor do we knowingly collect any personal information from, children under the age of 18.

Links to Other Web Sites

This Privacy Statement applies only to the Site. The Site may contain links to third-party sites or applications, including social media sites, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites or applications. The links to third-party sites from the Site does not imply that we endorse or have reviewed the third-party sites.

Data Security

The security of your personal information is important to us. We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about You. While we make every effort to help ensure the integrity and security of our network and systems, the transmission of information via the internet is not completely secure. E-mail sent to or from the Site may not be secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Data Storage and Retention

Your personal information is stored on our Service Providers' servers in the United States. You understand and agree that we may collect, use, disclose, and otherwise process the information you provide as described in this Privacy Statement even if you are from an area outside the United States. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the United States. We will retain your personal information for as long as it is needed to provide you with use of the Site, or to fulfill any legal or contractual obligations we may have.

Access to Your Personal Information

You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change or delete information if we believe doing so would violate any law or legal or audit requirement or cause the information to be incorrect.

Changes to Our Privacy Statement

We reserve the right to revise this Privacy Statement at any time. When we do, we will post the changes on the Site. If we change the Privacy Statement in a material way, we will provide appropriate notice to you. Your continued use of the Site after any changes or revisions to this Privacy Statement shall indicate your agreement with the terms of such revised Privacy Statement.

Please also feel free to contact us at [email protected]. if you have any questions about our Privacy Statement or the information practices of the Site.

CALIFORNIA RESIDENTS – ADDITIONAL CALIFORNIA PRIVACY RIGHTS

California residents have the following rights in connection with their personal information, including business contact information:

• The right to know:
  • the categories of personal information we've collected and the categories of sources from which we got the information;
  • the business purposes for sharing personal information; and
  • the categories of third parties with whom we've shared personal information;
• The right to access the specific pieces of personal information we've collected;
• The right to delete your information;
• The right to opt-out of automated decision-making and the sale or sharing of your information.
• The right to correct information;
• The right to limit use and disclosure of sensitive information.

California residents also have the right to not be discriminated against if they choose to exercise their privacy rights.

If you are California resident and would like to opt-out of GroupBy processing your information as a service provider on behalf of a Customer, which may include sharing your information with our Service Providers or subprocessors, please contact our Customer directly in order to exercise your privacy rights.

As a service provider, we have collected the following categories of consumer personal information from our Customers within the last twelve (12) months.

Visitors from the EEA,UK or Switzerland

If you are a resident of the EEA ,UK or Switzerland we are a data controller when we collect Customer Representative information and a data processor when we receive Customer Data in order to perform services for our Customers who are the data controllers.

our legal basis for collecting and using your personal data or information is to do so with your consent, as provided to us by our Customers; in performance of a contract with our Customers or where the collection and use is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the personal information in question. You may contact our Customers at any time to withdraw your consent to our collection and use of your personal data and to exercise the following rights to:

• Access your personal data or information;
• Delete, or request deletion of, your personal data or information;
• Object to or restrict processing of your personal information;
• Request portability of your personal information;
• Complain to your local data protection authority at any time;
• Object to automated decision making; and
• Update your personal data or information.

Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You have the right at any time to withdraw your consent to our collection and use of your personal data and to exercise the following rights. If we are the data controller, you can contact us to exercise these rights. If we are the data processor, you must contact the controller to exercise these rights:

• Access your personal data or information;
• Delete, or request deletion of, your personal data or information;
• Object to or restrict processing of your personal information;
• Request portability of your personal information;
• Complain to your local data protection authority at any time;
• Object to automated decision making; and
• Update your personal data or information

To withdraw consent or exercise these rights, please contact our Privacy Officer at [email protected].

Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If we ask you to provide personal data to us to comply with a legal requirement or enter into a contract, we will inform you of this and let you know whether providing us with your personal data is required and if not, the consequences of not sharing your personal data with us.

Similarly, if we collect and use your personal information in reliance on our or a third party's legitimate interests and those interests are not already listed above (see "Information Use" section), we will let you know what those legitimate interests are.

If you are a consumer and would like to opt-out of GroupBy processing your information on behalf of a Customer, which may include sharing your information with our Service Providers or subprocessors, please contact our Customer directly in order to exercise your privacy rights.