Introduction

Highgate Analytics, Inc. (“we”, “us”, “our”, or “Highgate”) respects the privacy of our users. This Privacy Policy (“Privacy Policy”) describes our privacy practices concerning information collected in connection with the Highgate website, located at www.highgateanalytics.com (together with all associated webpages, the “Website”) including information collected in connection any services or resources available or enabled via the Website or referencing this Privacy Policy including but not limited to the Highgate online sales analytics platform as implemented in Amazon Web Services (“AWS”) QuickSight further to a SAAS Activation Agreement with Highgate (collectively, the “Services”).

This Policy is intended to explain the conditions under which Highgate collects, uses, and discloses Personal Information and Other Information (as defined below) in connection with the Website and Services, and your rights in relation to that information. By visiting our Website and/or using the features made available to you on the Website, or subscribing to or using the Services, you are agreeing to the terms of this Privacy Policy. The Personal Information and Other Information that we collect about you is controlled by Highgate Analytics, Inc.

PLEASE NOTE THAT THIS PRIVACY POLICY IS SUBJECT TO CHANGE BY HIGHGATE IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Highgate will make a new copy of the Privacy Policy available at its Website.  We will also update the “Last Updated” date at the top of the Privacy Policy. Highgate may require you to provide consent to the updated Privacy Policy in a specified manner before further use of the Website and/or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), Highgate may, at its discretion, require you to stop accessing or using the Website and/or the Services.  Otherwise, your continued access to or use of the Website and/or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. Our Stance on Privacy.

Highgate aims to provide a trusted Website and Services to our visitors, users and customers. We do plan on using anonymized aggregate user and customer data to improve our products and services. However, we will never sell our customers’ data, identity, or contact information to third parties or vendors. Any feature that requires sharing of personally identifiable information with third parties will be strictly opt-in and require your prior consent. The rest of this Privacy Policy sets forth in more specificity the legal details of our Privacy Policy. If you have questions, feel free to contact us at support@highgateanalytics.com.

2. Information We Collect

Highgate collects and processes limited “Personal Information” and “Other Information” about users of our Website, and users or customers of our Services (or users and customers who license or purchase and use our other services or purchase products) (such parties that are users or customers of our Services or that purchase other services or products from us, the “Customers”). Further to Services agreements, we may also access, collect or process limited Personal Information about certain of Customer’s employees or contractors to enable Highgate to provide the Services. This information is typically limited to names, titles, and business email addresses of such persons and shall be considered Personal Information by Highgate under this Privacy Policy. By providing Highgate with Personal Information of Customer’s employees or contractors (either directly or by granting Highgate access to Customer account information or data with third party service providers), Customer expressly authorizes Highgate to access such Personal Information and consents to Highgate’s use of such Personal Information solely for the provision of Services in accordance with this Privacy Policy. For purposes of this Privacy Policy, Other Information is information that Highgate cannot directly associate with a specific person, user or Customer without the aid of additional information. By contrast, Personal Information is information such as a name or email address that Highgate can directly associate with a specific person or entity without additional information. When we combine Other Information with Personal Information, we treat all of the combined information as Personal Information.

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2.1 Collection of Information. You can visit and use the Website without submitting any Personal Information. However, if you decide to fill out one of our website forms or create an account with us or become a Customer further to a Services agreement, you will be required to provide Personal Information including name, email address, and company name. Additionally, we may access, collect or process limited Personal Information about certain of your employees or contractors to enable us to provide our Services (typically limited to name, title, and business email address). We may combine Personal Information collected through the Website and/or Services with Other Information that we or third parties collect about you in other contexts — such as our communications with you via email, phone, online support forums, or social media, service or product purchases, or your customer service records. We will treat such combined information as Personal Information and protect it in accordance with this Privacy Policy.  Personal Information and Other Information may be collected as follows:

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2.2 Web log data. When you use the Website or Services, Highgate may automatically receive and record certain information from your computer (or other device) and your browser. This may include such data as your IP address and domain name, the pages you visit on the Website or Services, the date and time of your visit, the files that you download, the URLs from the websites you visit before and after navigating to the Website, your software and hardware attributes (including device IDs), your general geographic location (e.g., your city, state, or metropolitan region), and certain cookie information (see below). To obtain such information, we may use web logs or applications that recognize your computer and gather information about its online activity.

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2.3 Cookies. We may also use cookies on the Website and/or Services. Cookies are small files that are stored on your computer or device by your web browser. A cookie allows the Website to recognize whether you have visited before and may store user preferences and other information. For example, cookies can be used to collect information about your use of the Website during your current session and over time (including the pages you view and the files you download), your computer’s or device’s operating system and browser type, your Internet service provider, your domain name and IP address, your general geographic location, the website that you visited before the Website, and the link you used to leave the Website. If you are concerned about having cookies on your computer or device, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer or device. However, if you choose to block or delete cookies, certain features of the Website may not operate correctly.

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2.4 Web beacons. The Website, Services, or the emails that you receive from Highgate may use an application known as a “web beacon” (also known as a “clear gif” or “web bug”). A web beacon is an electronic file that usually consists of a single-pixel image and is used on web pages to unobtrusively check if a user has accessed certain content. Web beacons are used to help us track your journey in navigating our Website or Services and can be used in conjunction with cookies to understand the user, their behavior, and how they interact with the content on the Website or Services. It can be embedded in a web page or in an email to transmit information, which could include Personal Information.

3. Information use.

Highgate uses the information that we collect for a variety of purposes. If we have Personal Information, we may use it, for example: to respond to your questions or requests concerning the Website or Services or other services or products offered by Highgate or our partners; to fulfill the terms of any agreement you have with us, including, without limitation, our execution of agreements for the provision or delivery of Services or other products or services; to fulfill your requests for our products or services or otherwise complete a transaction that you initiate; to send you information about our Services and other topics that are likely to be of interest to you, including newsletters, update notices, or other communications; to answer requests for customer or technical support; to deliver confirmations, account information, notifications, and similar operational communications; to authenticate and verify our users; to improve your user experience and the quality of our products and services; to comply with legal and/or regulatory requirements; to process applications if you apply for a job; and to manage our business.

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We use the Other Information that we collect for such purposes as: counting and recognizing visitors to the Website; analyzing how visitors use the Website and various Website features or Services or other services and products; improving the Website and enhancing users’ experiences with the Website and Services; creating new products and services or improving our existing products and services; debugging to identify and repair errors with our Services; enforcing our agreements and policies; enabling additional website analytics and research concerning the Website and Services; marketing and advertising our products and services; and managing our business. Highgate may link Other Information gathered using cookies and web beacons with Personal Information. But in that event, we will treat the combined information as Personal Information.

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If you opt in to receive marketing emails from us, we also may use the Personal Information and Other Information that we collect to send you promotional communications, including emails or postal mail about the products and services offered by Highgate or our partners. Although we hope you will find our promotional emails of interest, you may opt out of receiving them by sending an email to at support@highgateanalytics.com. with “opt out” in the subject line or by clicking “unsubscribe,” as aplicable. Promotional emails will also have instructions for opting out of that type of communication in the future.

4. Information Sharing

We share Personal Information and Other Information with other parties for a limited set of purposes, primarily to help improve our products and services, as described below.

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4.1 Your direct sharing of Personal Information through third-party web sites and services. The Website and Services may enable you to share directly Personal Information with websites or online services operated by third parties. For example, the Website and Services contain links to third-party websites that incorporate comment and social media features. The Website and Service may also contain a LinkedIn or Facebook “like” button and a Twitter “follow” button. If you choose to use these features, you may disclose your Personal Information not just to those third-party websites and services, but also to their users and the public more generally. Because these third-party websites and services are not operated or controlled by Highgate, we are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your Other Information will be subject to the privacy policies of the third party websites or services, and not this Privacy Policy, and we do not endorse, screen or approve of such policies. We encourage our users to read the privacy policies of each third party service with which they interact.

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4.2 Affiliates. We may share your Other Information with our affiliates, suppliers, or contractors for our administrative purposes including activities such as IT management, Website or Services security and functionality, and for them to provide services to you, or to support and supplement the Services or other services and products that we provide.

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4.3 Legal purposes. We also may use or share Personal Information or Other Information with third parties when we believe, in our sole discretion, that doing so is necessary: to comply with applicable law or a court order, subpoena, or other legal process; to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party; to establish, protect, or exercise our legal rights or defend against legal claims; or to facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.

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4.4 Aggregated information. Highgate shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, data derived from Personal Information and Other Information from other services or products), and Highgate will be free to (i) use such information and data to improve and enhance the Services, other services and products and for other development, diagnostic and corrective purposes in connection with the Services and other Highgate offerings, and (ii) disclose such data solely in aggregate or other de-identified or anonymized form (such that you shall not in any way, directly or indirectly, be identifiable as the source of such data) in connection with its business, such as by publishing a report on trends in the usage of the Website and Services.

5. Security

Highgate uses commercially reasonable physical, electronic, and procedural safeguards to protect Personal Information it collects and uses against loss or unauthorized access, use, modification, or deletion. However, no security program is foolproof, and thus we cannot guarantee the absolute security of Personal Information or Other information, and to the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure. By using our Services or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services portal or Website, by mail or by sending an email to you. We employ physical, technical, and administrative procedures to safeguard the personal information we collect both online and offline. However, no website or platform is 100% secure, and we cannot ensure or warrant the security of any information you transmit to the Website or through our Services or to us, and you transmit such information at your own risk. Additionally, Highgate uses Amazon Web Services as its data processing partner. For more information on Amazon Web Services’ privacy practices and security measures, please visit https://aws.amazon.com/privacy/ and/or https://aws.amazon.com/security/.

6. Reviewing, Updating, And Deleting Your Information

If you want to learn more about the Personal Information that Highgate has about you, or you would like to update or change that information, please contact us by email at support@highgateanalytics.com. You may access, amend, and/or request deletion of certain information to the extent permitted under applicable law, including GDPR. To make such requests and/or inquire about such rights, please send us an email to at support@highgateanalytics.com. For your protection, we may only implement requests with respect to the information associated with the particular email address you use to send us your request, and we may need to verify your identity before implementing your request. We will attempt to comply with any reasonable requests for accessing, amending, or deleting your information. To terminate or delete any account subscription please see the Highgate Terms of Use or your customer use agreement. When information is deleted from the Services it is no longer accessible by you, the user.

7. Information For Website Users From Outside The United States

Information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws. If we transfer personal information that originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country outside of such regions, we will use commercially reasonable efforts to ensure that: (i) there are appropriate safeguards in place such as binding corporate rules or the approved EU standard contractual clauses between Highgate and the recipient; (ii) the transfer is to a country that provides an adequate level of protection under applicable laws; (iii) one of the derogations for specific situations found in applicable law applies to the transfer including explicit consent, where such transfer is necessary for the performance of a contract or exercise, or the defense of legal claims; or (iv) the transfer is otherwise consistent with the requirements of applicable law. By using the Website or Services, or by providing any Personal Information or Other Information to us, you expressly consent to such transfer and processing. If you are located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your Personal Information violates applicable law.

8. Supplemental Notice For California Residents

This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (the “CCPA”). The CCPA provides California residents with the right to know what categories of Personal Information Highgate has collected about them and whether Highgate disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

9. Supplemental Notice For Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.

10. Children’s Privacy

The Website is not directed to children under the age of 13 (or other age as required by local law), and Highgate will never knowingly collect Personal Information or Other Information from anyone it knows is under the age of 13. We recommend that persons over 13 but under 18 years of age ask their parents for permission before using the Website.

11. Your Privacy Rights

In accordance with applicable law, you may have the right to:

A. Access Personal Information about you, including: (i) confirming whether we are processing your Personal Information; (ii) obtaining access to or a copy of your Personal Information in a structured, commonly used, and machine readable format; and (iii) receiving an electronic copy of Personal Information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine readable format (the “right of data portability”);

B. Request Correction of your Personal Information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your Personal Information;

C. Request Deletion of your Personal Information;

D. Request Restriction of or Object to our processing of your Personal Information; and

E. Withdraw your Consent to your processing of your Personal Information.

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Notwithstanding the foregoing, certain of the above requests may limit or curtail our ability to provide Services contemplated under the Terms of Use or other services. If you would like to exercise any of these rights, please contact us as set forth in “Questions or Comments” below. We will process such requests in accordance with applicable laws.

12. Changes To This Privacy Policy

Technology and the Internet are rapidly changing. Highgate therefore is likely to make changes to the Website and Services in the future and as a consequence will need to revise this Privacy Policy to reflect those changes. As first noted above, Highgate will post all such changes on the Website, so you should review this page periodically. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to access or use our Website or Services after the new Privacy Policy takes effect. Any access or use of our Website or Services is deemed to be an acceptance of our then current Privacy Policy.

13. Questions Or Comments

If you have any questions or comments regarding our Privacy Policy, please email us at support@highgateanalytics.com.