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BRIGHTLY SOFTWARE PRIVACY POLICY

BRIGHTLY SOFTWARE, INC

Last modified: July 14, 2023

Introduction

This Privacy Policy (“Policy”) explains how Brightly Software, Inc. and its
affiliates and subsidiaries (“Company,” “we,” “our” or “us”) collect, store,
use, disclose and otherwise process the information about you in the course of
our business. Our business (collectively, our “Services”) includes when you
visit our websites that link to this Policy, use our software-as-a-service
(“SaaS”) services, application and programs as a Subscriber and through other
means including partner programs, sales and marketing activities.

We provide our Services to our Subscribers under an Agreement located on our
“Terms of Use” webpage; it governs use by a Subscriber’s Authorized Users only
and allows those Authorized Users to enter data into the Service. Because the
Service is SaaS-based, the Authorized Users may access and use the Service from
anywhere in the world, subject to Company’s Terms of Use and any applicable
laws.

Additionally, our Code of Conduct and Ethics (the “Code”) establishes the basic
principles to guide all Company employees, officers and directors of the
Company, its contractors, partners and vendors. All of these parties must
conduct themselves in the most ethical manner possible, avoiding even the
appearance of improper behavior. The Code provides the guidelines for meeting
the ethical and legal obligations when working for or with the Company.

This Policy does not apply to any content entered into the Service by Authorized
Users and defined as Subscriber Data. Where Subscriber Data is described, 1)
Company is processing Subscriber Data as a processor and Subscriber is in
control of and responsible for collection and use of Subscriber Data.

We recommend you read and understand this Policy completely, including the
additional documents included at the links provided.

Information You Provide

The personal information we collect when you use the Services, including when
you sign up to the Service and the reasons why you are asked to provide it are
explained when we ask you to provide your personal information. Our Company will
tell you prior to collection whether providing personal information is necessary
or voluntary.

When using the Services, we may collect your name, email, postal address, phone
number and other information you provide via the Services when, for example, you
submit inquiries, request more information about our services, complete surveys
or download Company documents, provide feedback about our Services or register
for sales events or marketing activities.

When you register to use our Service, we may collect your personal information
(like your full name and contact information). We may share some of this
information if you have asked us to work with a Third Party of your choosing. We
do not sell any personal information.

Information We Automatically Collect

When using the Services, we automatically collect certain information when you
visit or use the Service, including your use of this website. This information
may reveal your identity and may include information about the specific computer
or device you are using, such as your computer’s operating system and Internet
Protocol (IP) address. We also automatically collect and store information about
your activities on our websites, such as information about how you came to and
used our Services, event information (like access times and browser type and
language) and data collected through cookies and other similar technologies that
uniquely identify your browser, computer and/or other device. For more
information on the use of cookies and other tracking technologies please see our
Cookie Statement.

We may share information about your computer or other device with our
third-party service providers for information and network security, including
fraud detection.

When using the Service, we automatically collect certain data relating to the
performance and configuration of our Service and our Subscribers’ and Authorized
Users’ consumption, use of, and interaction with the Service (collectively,
“Service Data“). While Service Data usually does not involve personal
information, it may include such data in the following instances:

 * Technical information or data from either application programming interfaces
   (“APIs”), hosting services, Internet of Things (“IoT”) sensors or devices, or
   other products, services or devices that access our Service, including
   relevant log files;
 * Data and metadata about an Authorized User (user ID, email, IP address,
   device information, browser information or operating system; and
 * Data and metadata about an Authorized User’s activities and behavior within
   our Service, such as click patterns and feature use.

Service Data is used by Company for (a) providing, supporting and operating our
products and services, (b) network and information security and (c) to analyze,
develop and improve our products and services.

Information We Receive from Third Parties

From time to time, we may obtain information about you from third party sources,
such as public databases and websites, resellers and distributors, joint
marketing or business partners, security and fraud detection firms and social
media platforms. Examples of the information we may receive from other sources
include: account information; page-view information; contact information from
business partners with whom we operate co-branded events, services and marketing
campaigns or joint offerings; search results and links, including paid listings
(like sponsored links); and if relevant, credit history information from credit
bureaus.

Links to Third Party Websites

If you log onto or link to our Services through a social media site, certain
information about you will be transferred from the social media site to our
Services. In addition, the fact that you have linked onto our Services and some
of that transferred information may be available to other users via the social
media site. That information is subject to the privacy policies of any such
social media site and you should review those policies before using a social
media site to log onto or link to the Services. Any transferred information
received in our Services will otherwise be subject to the terms of this Policy.

You may be able to use social media widgets such as the Facebook ‘Like’ button
on our Platform. These widgets will collect your IP address and identify which
page you are visiting on our Platform, and make your preference information
available to third parties. The information collected by such widgets is
controlled by third party privacy policies.

Target Online Advertisements

We use one or more third party service providers to serve ads on the Service
and/or other websites. These third parties may automatically collect and use
certain information about your online activities, either in our Services or
other websites, such as your IP address, your ISP and the browser you are using.
They do this using cookies, clear gifs and similar tracking technologies.
Information collected may be used, alone or in combination with information
about you that we obtain from other sources (like our data partners and offline
customer data). This information is used mainly to deliver advertising targeted
to your interests, including serving ads related to our products or services
when you access and use other websites and to better understand the usage of the
Service tracked by these third parties.

This Policy does not apply to, and we are not responsible for, cookies or clear
gifs in third party ads, and we encourage you to check the privacy policies of
advertisers and/or ad services to learn about their use of cookies and other
technology. If you would like more information about the practice used by these
companies, please visit www.aboutads.info/choices.

Use of Information We Collect

We use personal information collected via the Services and through other means
(e.g., in person) for purposes described in this Policy, including using your
information to:

 * Operate, audit and improve our Services;
 * Provide customer service and support;
 * Provide and to facilitate the delivery of products and services you request;
 * Send you related information, including confirmations, invoices, technical
   notices, updates, security alerts, training and support and administrative
   messages;
 * Maintain your Account;
 * Enhance security, monitor and verify identity or service access, combat
   fraud, spam, malware or other network and/or information security risks;
 * Detect bugs, report errors and perform activities to maintain the quality or
   safety of our services;
 * Conduct research and development;
 * Understand you and your preferences to enhance and personalize your
   experience and enjoyment when using our Services;
 * Develop and send you marketing, sales and promotional communications (where
   this is in accordance with your marketing preferences);
 * Communicate with you about one of our events or our partner events, including
   webinars and demos;
 * Respond to your comments or questions or provide information requested by
   you;
 * Link or combine it with other personal information we get from third parties,
   to help understand your needs, provide you with better service and to prevent
   fraud;
 * Process and deliver contest entries and rewards;
 * Display and measure engagement with advertisements across different devices
   and websites;
 * Maintain legal and regulatory compliance;
 * Process your information for other legitimate business purposes, such as
   customer surveys, data analysis, audits, collecting and assessing feedback,
   identifying usage trends, determining the effectiveness of our marketing
   campaigns and to evaluate and improve our products, services, marketing and
   customer relationships; and
 * Track location of assets and route technicians for maintenance at specific
   locations while mobile apps are in use and when running in the background.

We may store and process personal information in the United States and other
countries.

Sharing of Personal Information

We do not share your personal information with third parties other than as
follows:

 * Where it has been de-identified, including through aggregation or
   anonymization;
 * When you instruct us to do so;
 * With your consent, for example, when you agree to our sharing your
   information with other third parties for their own marketing purposes subject
   to their separate privacy policies;
 * With Company affiliates, in such case the information will be processed as
   otherwise described in this Policy;
 * With third party vendors, consultants and other service providers who work
   for us and need access to your information to do that work. Examples include
   vendors and service providers who provide assistance with marketing, billing,
   processing credit card payments, data analysis, fraud prevention, network and
   information security, technical support and customer service;
 * With third party business partners, such as delivery and/or referral
   partners, who are involved in providing services to our prospects and/or
   customers, to fulfill product and information requests and to provide
   customers and prospective customers with information about our Company and
   its Services. From time to time, we may engage in joint sales or product
   promotions with select business partners. If you purchase or specifically
   express an interest in a partner promotion or service, we may share relevant
   personal information with those partner(s). Where you have given your consent
   to do so, these business partners may send you marketing communications about
   their own products and services. In those circumstances, our partners are
   responsible for managing their own use of the personal information collected
   in these circumstances. We recommend you review the partner’s privacy notices
   to find out more about their handling of your personal information.
 * To comply with laws or to respond to lawful requests and legal process, to
   protect our rights and property and that of our agents, customers, members
   and others including to enforce our agreements, policies and terms of use or
   in an emergency to protect the personal safety of any person;
 * In order to protect any individual’s vital interests, but only where we
   believe it necessary in order to protect the vital interests of any person;
   and
 * In connection with or during negotiation of any business transfer, merger,
   financing, acquisition, or dissolution transaction or proceeding involving
   sale, transfer, divestiture or disclosure of all or a portion of our business
   or assets to another company.

Security of Personal Information

We take all reasonable steps to protect your personal information to prevent
loss, misuse, unauthorized access, disclosure, alteration or destruction.  We
use appropriate technical and organizational measures to protect your personal
information, including: physical access controls, encryption, firewalls,
intrusion detection and network monitoring appropriate to the type and scope of
data processing.  This information is held in confidence.

The safety and security of your personal information also depends on you. When
we have given you (or when you have chosen) a password for access to certain
parts of our Service, you are responsible for keeping that password
confidential. We ask you not to share your password with anyone. You are
responsible for compliance with our privacy and security recommendations.

International Data Transfers

Your personal information may be transferred to, and processed in, countries
other than the country in which you are resident. These countries may have data
protection laws that are different to the laws of your country, and in some
cases, may not be as protective. Specifically, our website servers are located
in the U.S. and we may process your information in jurisdictions where our
affiliates/partners and third-party service providers are located. Our affiliate
locations are set forth in the Subprocessor document.

We have taken appropriate safeguards to require that your personal information
remain protected in accordance with this Policy. These safeguards include the
protections under the European Commission’s Standard Contractual Clauses for
transfers of personal information between us and others where the personal
information the European Economic Area (EEA), United Kingdom or Switzerland
personal information is covered by applicable data protection laws.

Take note, we have also certified to comply with the Privacy Shield Principles
for limited international data transfers from the EEA, United Kingdom and
Switzerland, where: 1) we act as a processor on behalf of business customers
based in the EEA, United Kingdom and Switzerland, and 2) where we act as a
controller regarding Company human resources and internal business operations
data from the EEA, United Kingdom and Switzerland. For more information, please
see our Privacy Shield Statement.

Your Choices and Correcting Your Information

As a Subscriber or Authorized User, you can review and change your personal
information by logging into our Service and visiting your account profile page.

For use of the Services other than our SaaS Services, you may opt out of
receiving promotional emails from us by following the instructions in those
emails. If you opt out, we may still send you non-promotional emails, such as
emails about your accounts or our ongoing business relations.

If you are looking to exercise your consumer rights under the California
Consumer Privacy Act (CCPA), please refer to the California Residents: CCPA
Consumer Rights statement for more information.

If you are looking to exercise your data subject rights under the General Data
Protection Regulation (GDPR), please use the corresponding form(s) found in the
EEA, UK and Switzerland Users: Your Privacy Rights statement.

Schools Receiving Funds from the U.S. Department of Education

In the United States, the Family Educational Rights and Privacy Act (FERPA) (20
U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of
student education records. FERPA gives parents certain rights with respect to
their children's education records, which transfer to the student when he/she
reaches the age of 18 or attends a school beyond the high school level. Any
United States academic institution that is subject to FERPA must assess for
themselves whether and how its use of a cloud service affects its ability to
comply with FERPA requirements. Company commits to 1) using Subscriber Data only
to provide organizations with our cloud services and does not mine Subscriber
Data for advertising, 2) not disclose Subscriber Data except as the educational
institution directs, as described in the Agreement, or as required by law and 3)
not require sensitive student information or student educational records to
support any application functionality or feature.  Company advises educational
institutions against sharing education record information in our Services,
including first and last names, because inclusion has no relevance.  Further, an
assigned student identification numbers shall afford the same usability of our
Services.

Children Under the Age of 13

In the United States, websites and/or online applications and services that are
collecting information from children under the age of 13 are required to comply
with U.S. Federal Trade Commission (FTC) Children's Online Privacy Protection
Act (COPPA). Our Services are not intended for children under 13 years of age,
and no one under age 13 may provide any information to the Services. We do not
knowingly collect personal information from children under 13. If you are under
13, do not use or provide any information into our Services, make any purchases
through the Service, use any of the interactive or public comment features of
the Service or provide any personal information about yourself to us, including
any screen name or user name you may use. 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.

US Private Health Information for Healthcare Providers

The use of our Services do not require the use of Private Health Information
(“PHI”) under applicable US laws.  In fact, we recommend that our healthcare
Subscribers keep all PHI out of the services when they are entering their own
data.  The United States Health and Human Services has issued guidelines for
healthcare providers that define a Business Associate; our company is not within
the definition of a Business Associate because our software does not involve the
use or disclosure of protected health information on behalf of, or provide
services to, a covered entity.  Despite this, sometimes our Subscribers have
operational practices that require deems the use of a business associate
agreement (“BAA”).  In this limited cases, we are able to use our standard
business associate’s agreement, as drafted. 

Data Retention

We retain personal information we collect from you where we have an ongoing
legitimate business need to do so (for example, to comply with applicable legal,
tax or accounting requirements, to enforce our agreements or comply with our
legal obligations).

When we have no ongoing legitimate business need to process your personal
information, we will either delete or anonymize it or, if this is not possible
(for example, because your personal information has been stored in backup
archives), then we will securely store your personal information and isolate it
from any further processing, until deletion is possible.

When processing Subscriber Data on behalf of our Subscribers, we will retain
Subscriber Data for as long as our the Subscriber instructs us to and/or as
required by applicable law.

Changes to Our Privacy Policy

We post all changes we make to our privacy policy on this page. The date the
privacy policy was last revised is identified at the top of the page. You are
responsible for periodically visiting our Services and this privacy policy to
check for any changes. We are committed to security and the protection of your
personal information and we will not materially change our policies and
practices to make them less protective of your personal information collected in
the past without your consent.

How to Contact Us

To ask questions or comment about this privacy policy and our privacy practices,
contact us at: privacy@brightlysoftware.com or Brightly Software, Inc., 11000
Regency Parkway, Suite 300, Cary, North Carolina 27518 USA.

Additional Information

Privacy Shield Statement

California Residence Privacy Rights

AntiSlavery and Human Trafficking Policy

Subprocessor Listing

Cookie Policy

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