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PRIVACY POLICY

July 1, 2020

Click here for PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Maintaining the trust of our customers and providing an exceptional customer
experience are LiveAction’s top priorities. We believe in respecting the
personal privacy of our customers and simply doing what is right.

Overview and Statement Regarding GDPR. The EU General Data Protection Regulation
(GDPR) took effect as of May 25, 2018. The GDPR applies to any companies that
collect, use, or process personal data of anyone in the European Union (EU). It
is designed to strengthen the protection of personal data by requiring companies
to adhere to certain security and transparency standards. At LiveAction, Inc.,
dba LiveAction (“LiveAction”, “we” or “us”) we are committed to safeguarding
your personal information through our compliance with this Privacy Policy.
LiveAction is furthermore firmly committed to GDPR readiness and compliance.
This Privacy Policy describes the types of information we may collect about
visitors to our web site and users of our products and services (collectively
our “Products”) and our practices for collecting, using, maintaining,
protecting, and disclosing that information.

We have drafted this Privacy Policy to be as clear and concise as possible.
Please read it carefully to understand our policies and practices regarding your
information and how we will treat it. By accessing or using this website or
using our Products, you agree to this privacy policy.

Our website and our Products may contain applications and content by third
parties. This Privacy Policy does not apply to such applications and third-party
content. We encourage you to review the data privacy terms of any third party
providers you engage with.

Information You Share With Us. If you communicate directly with LiveAction,
LiveAction may collect and store personally identifying information that you
share with us, including, but not limited to, your name, a home, business, or
other address, billing address, phone number, and email address, as well as
other information that may be needed to provide a service or information you
requested. You may have provided or provide such information (i) through forms
you fill out on our website or through your correspondence with us, (ii) if you
have requested support from us, (iii) through our blogs, webinars or social
media channels or (iv) if you are participating in a survey, contest or other
promotional event we may offer from time to time.

LiveAction may use your information to respond to your concerns and inquiries.
The information you provide to LiveAction’s third party partners will also
enable such partners to let us know that you have contacted them. Such
communication information may be used to distribute information back to you
about LiveAction. Our web site contains links to other web sites, but LiveAction
does not share your personal information with those web sites and is not
responsible for their privacy practices. We encourage you to learn about the
privacy policies of such third party partners you communicate with.

Information We Collect From You. As you navigate through and interact with our
website, or use our Products, we may use common data collection technologies to
collect certain statistical or aggregate non-personal information. In
particular, our Products may report telemetry data back to us. Such information
may include data about your network, including traffic data, location data,
logs, and other communication data, devices, internet connection, browser type,
internet service provider and operating system. We process and analyze this
information in order to build, run and continue to improve our Products and in
order to better understand our customers’ needs and to provide you with the best
experience possible when you visit our website and use our Products. The
information we collect through these tracking tools is statistical in nature,
but may be aggregated with personal information in order to help us to deliver a
more personalized website and Product, including by enabling us to estimate our
audience size and use patterns, store information about your preferences to
allow us to customize our website in accordance with your individual interests,
speed up your searches and to recognize you when you return to our website. The
Product provides you with the opportunity to opt-out of the reporting of
telemetry or other data back to us. Please contact us if you wish to opt-out.
Note, that some functionality may be limited if you decide to opt-out of the
reporting of telemetry data.

The processes we use for automated data collection may include:

Cookies Cookies are small data files that certain web sites write to your hard
drive when you visit them, and they record and store your information. A cookie
file can contain information such as a user ID that the site uses to track the
pages you’ve visited, but the only personal information a cookie can contain is
information you supply yourself. A cookie cannot read data off your hard disk or
read cookie files created by other sites. The LiveAction web site may use
cookies to collect this type of information to determine the usefulness of our
web site information to our users and to see how effective our navigational
structure is in helping users reach that information.

Web Beacons. Web beacons also known as pixel tags are electronic images,
contained on a website that permit us to count users who have visited those
pages and for other related website statistics. Web beacons are not used to
access your personal information on the Website and are only used to compile
aggregated statistics concerning the use of the Website.

Web Analytics. We also collect some non-personally identifiable information
(ourselves or using third party services) using web analytic tools. We use
third-party services that use tracking technologies to capture aggregate usage
and volume statistics about online activities over time and across our and third
party websites and other online services.

Third Party Advertising Technologies. In addition, we may use third-party
vendors such as Google or others to perform display advertising or remarketing
services on our website. These services collect and use data which can help us
tailor advertising that we think may be of interest to you, based on your use of
our website and/or Products. Third-party vendors may use or place cookies and
web beacons on your web browsers to collect non-personal information about your
activities on our Website and to provide you with targeted ads. The information
they collect may also be associated with your personal information or they may
collect information, including personal information, about your online
activities over time and across different websites and other online services. We
do not control these tracking technologies of third parties or how such third
parties may use them.

As always, we respect your privacy and do not collect any personally
identifiable information through the use of Google or any other third party
services. Any information collected is used only for remarketing purposes and
will not be used by third-party marketing vendors for any other purpose. To opt
out of Remarketing and Advertising, click here. To find out more about how
Google uses any data it collects please visit here.

Interest-Based Advertising and IP Targeting: We may work with data providers to
serve advertising to you through display media or other methods. These providers
may use personal information that we have collected or that you have provided to
locate you online, such as when you visit or log in to websites or mobile
applications. This information may be linked to online identifiers or IP
addresses assigned to you and to demographic or interest-based data, in order to
target you with relevant advertising, including information about our products
or services. You may opt-out of third-party advertisement networks, including
those operated by members of the Network Advertising Initiative (“NAI”) and the
Digital Advertising Alliance (“DAA”). If you have any questions regarding this
practice by NAI members and DAA members, and how to opt-out of third-party ad
networks operated by NAI and DAA members, please visit their respective websites
at http://www.aboutads.info and https://www.networkadvertising.org or contact
the third-party provider directly.

Please note this does not opt you out of being served any advertising. You will
continue to receive generic ads.

How We Use Your Information. LiveAction uses information that you share with us
or that we collect about you, including personal information, for the following
purposes: (i) to provide you with the Products you have requested from us and to
provide maintenance and support; (ii) to present our website and its contents to
you and to personalize your experience on our web site; (iii) to keep you up to
date on the latest Product announcements, software updates, special offers,
changes to the website or other information we think you would like to hear
about either from us or from our business partners – you may opt-out from
receiving such communications by following the process described below; (iv) to
understand and analyze the usage trends of you and other users of our Products;
(v) in anonymized from for internal purposes such as performing research and
analysis and to provide reporting internally or externally; (vi) to allow you to
purchase and download Products and participate in their interactive features,
when you choose to do so; (vii) to better understand your needs and provide you
with better Products; (viii) to carry out our obligations and enforce our rights
from any contracts entered into between you and LiveAction such as our license
agreements or terms of use, including communications related to payments and
changes to our terms, conditions and policies; (ix) in any other way we describe
to you at the time you provide the information or for which you have provided
your consent.

If you are using our Product, we may from time to time send you certain
communications such as service announcements or administrative messages. Such
communications are part of the functionality of our Product. You can therefore
not opt-out of receiving such Product communications.

Information sharing and disclosure. LiveAction may disclose aggregated anonymous
information about our users and visitors to our website without restriction, to
the extent such data does not identify any individual. LiveAction does not
share, rent, lease or sell personal information to others, except as
specifically described in this Privacy Policy. LiveAction may send your personal
information to other companies or people under any of the following
circumstances: (i) to our subsidiaries and affiliated companies; (ii) to
LiveAction’s authorized partners and resellers to fulfill any terms under your
licensing relationship with us and to provide you with technical and customer
support – these third parties are subject to confidentiality obligations and are
prohibited from using the information for their own purposes; (iii) when we have
your consent to share the information; (iv) to a buyer or other successor in the
event of a merger, divestiture, restructuring, reorganization or other sale or
transfer of some or all of LiveAction’s assets; (v) if we want to keep you up to
date on the latest product announcements, software updates, special offers or
other information we think you would like to hear about either from us or from
our business partners (unless you have opted out of these types of
communications); (vi) to apply or enforce our license agreement, terms of use
and other agreements, including for billing and collection purposes.

LiveAction reserves the right to disclose your personally identifiable
information if required to do so by law, court order or legal process, including
to respond to any government or regulatory request or in the good-faith belief
that such action is reasonably necessary to (a) comply with legal process, (b)
respond to any claims against LiveAction, or (c) to protect the rights, property
or personal safety of LiveAction, its employees, its customers or the public –
this includes exchanging information with companies and organizations for the
purposes of fraud detection and credit risk reduction.

Minors under 13 LiveAction does not intend to collect information from
individuals who identify themselves as under thirteen (13) years of age. No one
under the age of 13 may provide any personal information to or on the website or
our Products. LiveAction does not knowingly solicit personal information from
children under the age of 13 or send them requests for personal information.
LiveAction will not knowingly disclose personally identifiable information of
children under thirteen to any third party. If we learn we have collected or
received personal information from a child under 13 without verification of
parental consent, we will delete that information. If you believe we might have
any information from or about a child under 13, please contact us
at legal@liveaction.com.

Choices About How We Use and Disclose Your Information. We are excited about our
Products and would like to tell you about updates and new features from time to
time. In case you prefer not to receive such information from us or from third
party partners we work with, we strive to give you choices regarding whether or
not you are contacted with direct marketing or market research information from
us. If you have provided personally identifiable information to LiveAction, we
will provide you with an opportunity to limit promotional email communications
from LiveAction or authorized partners of LiveAction by “opting-out” of
receiving direct marketing or market research information. When applicable, we
will provide you with the opportunity to “opt-in.” This means we will require
your affirmative action to indicate your consent before we use your information
for purposes other than the purpose for which it was submitted.

Upon request, LiveAction will confirm to you whether it stores any personal data
about you and what that data is. You may also send us an email to
info@liveaction.com to request access to, correct or delete any personal
information you have provided to us. We may not accommodate a request to change
information if we believe the change would violate any law or regulatory
requirement, cause the information to be incorrect or impose an undue hardship
on us due to technical requirements. If you request that we delete your account,
we will do so within a reasonable time. We may, however, be required to retain
some personal information in accordance with legal or regulatory requirements.

Data Security. We have implemented industry-standard safeguards designed to
secure your personal information from accidental loss and from unauthorized
access, use, alteration, and disclosure. Any personal information you provide to
us is stored on our secure servers behind firewalls.

The safety and security of your information also depend on you. Where we have
given you (or where you have chosen) a password for access to certain parts of
our website or in our Product, you are responsible for keeping this password
confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not
completely secure. Although we do our best to protect your personal information,
we cannot guarantee the security of your personal information transmitted to our
website. Any transmission of personal information is at your own risk.


ADDENDUM: PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This Privacy Notice for California Residents supplements the information
contained in our Privacy Policy and applies solely to all visitors, users, and
others who reside in the State of California. 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.

The California Consumer Privacy Act (CCPA) applies to most companies who collect
information of California residents. It is designed to give consumers
information regarding how companies collect and use information, as well as give
consumers control over the sale of their information. Similar to our commitment
to the GDPR, we at LiveAction are committed to transparency in data collection
and disclosure through our compliance with this Privacy Policy. Additionally, we
are committed to giving people control over the use of their data where
possible. We are firmly committed to CCPA compliance and compliance with future
data protection laws.

This Notice does not apply to employment-related personal information collected
from our California-based employees, job applicants, contractors, or similar
individuals.

Where noted in this Notice, the CCPA temporarily exempts personal information
reflecting a written or verbal business-to-business communication (“B2B personal
information”) from some its requirements.

Information We Collect

We collect information that identifies, relates to, describes, references, is
reasonably capable of being associated with, or could reasonably be linked,
directly or indirectly, with a particular consumer, household, or device
(“personal information”). Personal information does not include:

 * Publicly available information from government records.
 * Deidentified or aggregated consumer information.

In particular, we have collected the following categories of personal
information within the last twelve (12) months:

Category Example Collected A. Identifiers. A real name, alias, postal address,
unique personal identifier, online identifier, Internet Protocol address, email
address, or other similar identifiers Yes B. Personal information categories
listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, physical characteristics or description, address, telephone
number, education, employment, or employment history. Some personal information
included in this category may overlap with other categories. Yes C. Protected
classification characteristics under California or federal law. Age (40 years or
older), race, color, ancestry, national origin, citizenship, religion or creed,
marital status, medical condition, physical or mental disability, sex (including
gender, gender identity, gender expression, pregnancy or childbirth and related
medical conditions), sexual orientation, veteran or military status, genetic
information (including familial genetic information). No D. Commercial
information. Records of personal property, products or services purchased,
obtained, or considered, or other purchasing or consuming histories or
tendencies. Yes E. Biometric information. Genetic, physiological, behavioral,
and biological characteristics, or activity patterns used to extract a template
or other identifier or identifying information, such as, fingerprints,
faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other
physical patterns, and sleep, health, or exercise data. No F. Internet or other
similar network activity. Browsing history, search history, information on a
consumer’s interaction with a website, application, or advertisement. Yes G.
Geolocation data. Physical location or movements. Yes H. Sensory data. Audio,
electronic, visual, thermal, olfactory, or similar information. No I.
Professional or employment-related information. Current or past job history or
performance evaluations. No J. Non-public education information (per the Family
Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part
99)). Education records directly related to a student maintained by an
educational institution or party acting on its behalfs, such as grades,
transcripts, class lists, student schedules, student identification codes,
student financial information, or student disciplinary records. No K. Inferences
are drawn from other personal information. Profile reflecting a person’s
preferences, characteristics, psychological trends, predispositions, behavior,
attitudes, intelligence, abilities, and aptitudes. No

We obtain the categories of personal information listed above from the webforms
you fill out on our website, cookies, web beacons, web analytics, and
third-party advertisement vendors.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of
the following purposes:

 * To fulfill or meet the reason you provided the information.
 * To provide, support, personalize, and develop our Website, products, and
   services.
 * To provide you with support and to respond to your inquiries, including to
   investigate and address your concerns and monitor and improve our responses.
 * To help maintain the safety, security, and integrity of our Website, products
   and services, databases and other technology assets, and business.
 * For testing, research, analysis, and product development, including to
   develop and improve our Website, products, and services.
 * To respond to law enforcement requests and as required by applicable law,
   court order, or governmental regulations.
 * As described to you when collecting your personal information or as otherwise
   set forth in the CCPA.
 * To evaluate or conduct a merger, divestiture, restructuring, reorganization,
   dissolution, or other sale or transfer of some or all of our assets, whether
   as a going concern or as part of bankruptcy, liquidation, or similar
   proceeding, in which personal information held by us about you is among the
   assets transferred.

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.

Sharing Personal Information

We may disclose your personal information to a third party, such as service
providers, for a business purpose. When we disclose personal information for a
business purpose, we enter into 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 for performance of the contract. The CCPA
prohibits third parties who purchase the personal information we hold from
reselling it unless you have received explicit notice and an opportunity to
opt-out of further sales.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, we have disclosed the following categories
of personal information to our service providers for a business purpose:

Category Examples A. Identifiers. A real name, alias, postal address, unique
personal identifier, online identifier, Internet Protocol address, email
address, or other similar identifiers. B. Personal information categories listed
in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A
name, signature, physical characteristics or description, address, telephone
number, education, employment, or employment history. Some personal information
included in this category may overlap with other categories. D. Commercial
information. Records of personal property, products or services purchased,
obtained, or considered, or other purchasing or consuming histories or
tendencies. F. Internet or other similar network activity. Browsing history,
search history, information on a consumer’s interaction with a website,
application, or advertisement. G. Geolocation data. Physical location or
movements.

We disclose your personal information for business purposes as needed with the
marketing and sales tools we use.

If you are a customer, we may share more information as specified in our Terms
of Service and any contract between us and you or your employer as necessary to
carry out our contractual obligations with you.

Sales of Personal Information

We do not sell, do not plan to sell, and have not sold in the past 12 months,
your information as defined by the CCPA. If we do plan to sell information, you
will be notified before the sale and given an opportunity to opt-out.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their
personal information. This section describes your CCPA rights and explains how
to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about
our collection and use of your personal information over the past 12 months.
Once we receive and confirm your verifiable consumer request, we will disclose
to you:

 * The categories of personal information we collected about you.
 * The categories of sources for the personal information we collected about
   you.
 * Our business or commercial purpose for collecting or selling that personal
   information.
 * The categories of third parties with whom we share that personal information.
 * The specific pieces of personal information we collected about you (also
   called a data portability request).
 * If we sold or disclosed your personal information for a business purpose, two
   separate lists disclosing:
   – sales, identifying the personal information categories that each category
   of recipient purchased; and
   – disclosures for a business purpose, identifying the personal information
   categories that each category of recipient obtained.

We do not provide these access and data portability rights for B2B personal
information.

Deletion Request Rights

You have the right to request that we delete any of your personal information we
have collected from you and retained, subject to certain exceptions. Once we
receive and confirm your verifiable consumer request, we will delete (and direct
our service providers to delete) your personal information from our records,
unless an exception applies.

We may deny your deletion request if retaining the information is necessary for
us or our service provider(s) to:

 * Complete the transaction for which we collected the personal information,
   provide a good or service that you requested, take actions reasonably
   anticipated within the context of our ongoing business relationship with you,
   fulfill the terms of a written warranty or product recall conducted in
   accordance with federal law, or otherwise perform our contract with you.
 * Detect security incidents, protect against malicious, deceptive, fraudulent,
   or illegal activity, or prosecute those responsible for such activities.
 * Debug products to identify and repair errors that impair existing intended
   functionality.
 * Exercise free speech, ensure the right of another consumer to exercise their
   free speech rights or exercise another right provided for by law.
 * Comply with the California Electronic Communications Privacy Act (Cal. Penal
   Code § 1546 et. seq.).
 * Engage in public or peer-reviewed scientific, historical, or statistical
   research in the public interest that adheres to all other applicable ethics
   and privacy laws, when the information’s deletion may likely render
   impossible or seriously impair the research’s achievement if you previously
   provided informed consent.
 * Enable solely internal uses that are reasonably aligned with consumer
   expectations based on your relationship with us.
 * Comply with a legal obligation.
 * Make other internal and lawful uses of that information that are compatible
   with the context in which you provided it.

We do not provide these deletion rights for B2B personal information.

Exercising Your Rights

To exercise the rights described above, please submit a verifiable consumer
request to us by emailing us at legal@LiveAction.com.

Only you, or someone legally authorized to act on your behalf, may make a
verifiable consumer request related to your personal information. You may also
make a verifiable consumer request on behalf of your minor child. 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
 * 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 verifiable consumer request
to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45)
days of its receipt. If we require more time, we will inform you of the reason
and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the
verifiable consumer request’s receipt.

The response we provide will also explain the reasons we cannot comply with a
request, if applicable. For data portability requests, we will select a format
to provide your personal information that is readily useable and should allow
you to transmit the information from one entity to another entity without
hindrance.

We do not charge a fee to process or respond to your verifiable consumer request
unless it is excessive, repetitive, or manifestly unfounded. If we determine
that the request warrants a fee, we will tell you why we made that decision and
provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.
Unless permitted by the CCPA, we will not:

 * Deny your goods or services.
 * Charge you different prices or rates for goods or services, including through
   granting discounts or other benefits, or imposing penalties.
 * Provide you a different level or quality of goods or services.
 * Suggest that you may receive a different price or rate for goods or services
   or a different level or quality of goods or services.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users
of our Website that are California residents to request certain information
regarding our disclosure of personal information to third parties for their
direct marketing purposes. To make such a request, please send an email
to legal@LiveAction.com

Contact Information

If you have any questions or comments about this notice, please do not hesitate
to contact us at Email: legal@LiveAction.com


Postal Address:

ATTN: CCPA Requests

LiveAction, Inc
960 San Antonio Road, Suite 200
Palo Alto, CA 94303

Alternatively, if you are in the UK or EU/EEA and would like to exercise your
rights or have questions about our processing of personal data, you may contact
our local representative for EU/EEA or the UK:

For the EU/EEA:
LiveAction France S.a.r.l.
1 Impasse Marcel Chalard
31100 Toulouse
France
legal@liveaction.com

For the UK:
LiveAction UK Limited
11th Floor, Whitefriars Lewins Mead
BRISTOL BS1 2NT
United Kingdom
legal@liveaction.com

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    * Products Your network performance management suite.
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    * Network Performance Management If you can’t see it you can’t protect it.
      Gain visibility into your network performance across all managed and
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    * Company Introducing the first-ever Network Intelligence platform.
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