# Privacy Policy

**Last Updated, June 22, 2023**

Aquifer, Inc. ("**Aquifer**", "**Company**" or "**We**") respects your privacy and is committed to protecting it through our compliance with this privacy policy (the "**Privacy Policy**").

‍This Privacy Policy is incorporated into and is part of the [Terms of Service](http://www.aquifer.cloud/legal/online-terms-of-service), and describes the types of information we may collect from you or that you may provide when you visit the website at [www.aquifer.cloud](http://www.aquifer.cloud) (our "**Website**") or use any of any content, functionality, and services (including the Aquifer Application and any Company proprietary algorithms, dashboards, data models, data structures, weights, reports, and/or intelligence) offered on or through the Website (collectively, the "**Services**"), whether as a guest or as a registered user, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

### 1. WHAT INFORMATION DO WE COLLECT?

**Personal information you disclose to us**

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

**Personal Information Provided by You.** The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

- names
- phone numbers
- email addresses
- mailing addresses
- billing addresses
- job titles
- online account or screen name
- your company or organization name
- Any other information you choose to directly provide to us in connection with your use of the Offerings

**Sensitive Information.** We do not process sensitive information.

**Social Media Login Data.** We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter, or other social media account. If you choose to register in this way, we will collect the information described in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS?" below.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

**Information automatically collected**

**_In Short:_** _Some information such as your Internet Protocol (IP) address and/or browser and device characteristics is collected automatically when you visit our Services._

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our [Cookie Policy](https://www.aquifer.cloud/legal/cookie-policy).

The information we collect includes:

- _Log and Usage Data._ Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).

- _Device Data._ We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

- _Location Data._ We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

### 2. HOW DO WE PROCESS YOUR INFORMATION?

**We process your personal information for a variety of reasons, depending on how you interact with our Services, including:**

- **To facilitate account creation and authentication and otherwise manage user accounts.** We may process your information so you can create and log in to your account, as well as keep your account in working order.
- **To deliver and facilitate delivery of services to the user.** We may process your information to provide you with the requested service.
- **To respond to user inquiries/offer support to users.** We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
- **To send administrative information to you.** We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
- **To request feedback.** We may process your information when necessary to request feedback and to contact you about your use of our Services.
- **To send you marketing and promotional communications.** We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see "WHAT ARE YOUR PRIVACY RIGHTS?" below.
- **To deliver targeted advertising to you.** We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more. For more information see our [Cookie Policy](https://www.aquifer.cloud/legal/cookie-policy).
- **To evaluate and improve our Services, products, marketing, and your experience.** We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.

### 3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

The legal bases for using your information as set out in this Privacy Policy are as follows:  

- Where we need to perform the contract we are about to enter into or have entered into with you for the Offerings
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
- Where we need to comply with a legal or regulatory obligation, including legal or regulatory obligations in the EU
- Where we have your consent to process your information in a certain way

### 4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

We will disclose your information in the following ways:

- **_Service Providers._** We provide access to or disclose your information with select third parties who help us deliver or improve our Products and Offerings or perform services on our behalf, including billing and credit card verification, advertising and marketing, Offerings content and features, analytics, research, customer service, shipping and fulfillment, data storage, security, fraud prevention, and legal services.
- **_Your Company._**  If you are a User, we may provide your information to the company you are engaged or employed by in order to fulfill and enforce our Customer Agreement with your company, and to inform your company regarding usage, support, or training needs.
- **_Testimonials_**_._  We may display personal testimonials and endorsements of satisfied customers on the Offerings, and with your consent, will associate your name or your company’s name with such postings.
- **_Protection of Aquifer and Others._** By using the Products or Offerings, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by applicable law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order); (b) enforce any contracts with you, including our Customer Agreement; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Aquifer, its agents and affiliates, its users and/or the public.
- **_Business Transactions._**  In accordance with applicable legal obligations, your information may be provided to third parties in connection with a merger or acquisition (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Aquifer or our assets, or as part of a corporate reorganization or stock sale or other change in corporate control or fundamental business change, including for the purpose of determining whether to proceed or continue with such transaction or business relationship.  
- **_Aggregate/De-Identified Information._** From time to time, we may disclose Aggregate/De-identified Information about use of the Offerings or our user base with partners and others, but such information will not identify you personally.
- **_Otherwise with Your Consent or at Your Direction_**. In addition to the disclosures described in this Privacy Policy, we may disclose information about you with third parties whenever you consent to or direct such disclosure.    

### 5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our [Cookie Policy](https://www.aquifer.cloud/legal/cookie-policy).

### 6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

Our Services offer you the ability to register and log in using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other information you choose to make public on such a social media platform.

We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.

### 7. HOW LONG DO WE KEEP YOUR INFORMATION?

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, 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.

### 8. HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

### 9. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at [privacy@aquifer.cloud](mailto:privacy@aquifer.cloud).

### 10. WHAT ARE YOUR PRIVACY RIGHTS?

In some regions (like Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your [Member State data protection authority](https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm) or [UK data protection authority](https://ico.org.uk/make-a-complaint/data-protection-complaints/data-protection-complaints/).

If you are located in Switzerland, you may contact the [Federal Data Protection and Information Commissioner](https://www.edoeb.admin.ch/edoeb/en/home.html).

**Withdrawing your consent:** If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

**Opting out of marketing and promotional communications:** You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

**Account Information**

If you would at any time like to review or change the information in your account or terminate your account, you can:

- Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

**Cookies and similar technologies:** Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. You may also [opt out of interest-based advertising by advertisers](http://www.aboutads.info/choices/) on our Services. For further information, please see our [Cookie Policy](https://www.aquifer.cloud/legal/cookie-policy).

If you have questions or comments about your privacy rights, you may email us at [privacy@aquifer.cloud](mailto:privacy@aquifer.cloud).

### 11. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

### 12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

**CCPA Privacy Notice**

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

**What categories of personal information do we collect?**

We have collected the following categories of personal information in the past twelve (12) months:

| **Category**| **Examples** |  **Categories of Third Parties to Which We Discloses this Personal Information**   | **Categories of Third Parties to Which We “Share” and “Sell” this Personal Information for Advertising/Analytics Purposes** |
| --- | ----- | --- | --- |
| A. Identifiers                                                                       | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name | Service providers; Partners; Online advertising and analytics partners; Entities for legal purposes                      |                                                               Analytics Partners                                                               |
| B. Personal information categories listed in the California Customer Records statute | Name, contact information, education, employment, employment history, and financial information                                                                                                          | Service providers; Partners; Online advertising and analytics partners; Entities for legal purposes |                                                              We do not share/sell                                                              |
| C. Protected classification characteristics under California or federal law          | Gender and date of birth |  We do not collect  |  We do not share/sell                                                              |
| D. Commercial information                                                            | Transaction information, purchase history, financial details, and payment information                                                                                                                    | We do not collect                                                               |                                                              We do not share/sell                                                              |
| E. Biometric information                                                             | Fingerprints and voiceprints                                                                                                                                                                             | We do not collect                                                               |                                                              We do not share/sell                                                              |
| F. Internet or other similar network activity                                        | Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements                                                | Service providers; Partners; Online advertising and analytics partners; Entities for legal purposes                      |                                                               Analytics Partners                                                               |
| G. Geolocation data                                                                  | Device location                                                                                                                                                                                          | Service providers; Partners; Online advertising and analytics partners; Entities for legal purposes                      |                                                               Analytics Partners                                                               |
| H. Audio, electronic, visual, thermal, olfactory, or similar information             | Images and audio, video or call recordings created in connection with our business activities                                                                                                            | We do not collect                                                               |                                                              We do not share/sell                                                              |
| I. Professional or employment-related information                                    | Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us                             | Service providers; Partners; Online advertising and analytics partners; Entities for legal purposes; Online advertising and analytics partners | Service providers; Partners; Online advertising and analytics partners; Entities for legal purposes; Online advertising and analytics partners |
| J. Education Information                                                             | Student records and directory information                                                                                                                                                                | We do not collect                                                               |                                                              We do not share/sell                                                              |
| K. Inferences drawn from other personal information                                  | Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual's preferences and characteristics                          | We do not collect |                                                              We do not share/sell                                                              |
| L. Sensitive Personal Information                                                    |                                                                                                                                                                                                          | We do not collect                                                               |                                                              We do not share/sell                                                              |

We will use and retain the collected personal information as needed to provide the Services or for:

- Category F - As long as the user has an account with us
- Category G - As long as the user has an account with us

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to your inquiries.

**How do we use and share your personal information?**

Aquifer, Inc. collects and shares your personal information through:

- Targeting cookies/Marketing cookies
- Social media cookies
- Beacons/Pixels/Tags

More information about our data collection and sharing practices can be found in this privacy notice and our [Cookie Policy](https://www.aquifer.cloud/legal/cookie-policy).

You may contact us by email at [privacy@aquifer.cloud](mailto:privacy@aquifer.cloud), or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

**Will your information be shared with anyone else?**

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf, following the same strict privacy protection obligations mandated by the CCPA.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.

**Your rights with respect to your personal data**

Right to request deletion of the data - Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to be informed - Request to know

Depending on the circumstances, you have a right to know:

- whether we collect and use your personal information;
- the categories of personal information that we collect;
- the purposes for which the collected personal information is used;
- whether we sell or share personal information to third parties;
- the categories of personal information that we sold, shared, or disclosed for a business purpose;
- the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose;
- the business or commercial purpose for collecting, selling, or sharing personal information; and
- the specific pieces of personal information we collected about you.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer\\'92s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Right to Limit Use and Disclosure of Sensitive Personal Information

We do not process consumer's sensitive personal information.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

- You may object to the processing of your personal information.
- You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
- You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
- You may request to opt out from future selling or sharing of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.

To exercise these rights, you can contact us by email at [privacy@aquifer.cloud](mailto:privacy@aquifer.cloud), or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

### 13. DO VIRGINIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

**Virginia CDPA Privacy Notice**

Under the Virginia Consumer Data Protection Act (CDPA):

"Consumer" means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.

"Personal data" means any information that is linked or reasonably linkable to an identified or identifiable natural person. "Personal data" does not include de-identified data or publicly available information.

"Sale of personal data" means the exchange of personal data for monetary consideration.

If this definition "consumer" applies to you, we must adhere to certain rights and obligations regarding your personal data.

Your rights with respect to your personal data

- Right to be informed whether or not we are processing your personal data
- Right to access your personal data
- Right to correct inaccuracies in your personal data
- Right to request deletion of your personal data
- Right to obtain a copy of the personal data you previously shared with us
- Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")

Aquifer, Inc. has not sold any personal data to third parties for business or commercial purposes. Aquifer, Inc. will not sell personal data in the future belonging to website visitors, users, and other consumers.

Exercise your rights provided under the Virginia CDPA

More information about our data collection and sharing practices can be found in this privacy notice and our [Cookie Policy](https://www.aquifer.cloud/legal/cookie-policy).

You may contact us by email at [privacy@aquifer.cloud](mailto:privacy@aquifer.cloud), or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your rights, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Verification process

We may request that you provide additional information reasonably necessary to verify you and your consumer's request. If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request.

Upon receiving your request, we will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.

Right to appeal

If we decline to take action regarding your request, we will inform you of our decision and reasoning behind it. If you wish to appeal our decision, please email us at [privacy@aquifer.cloud](mailto:privacy@aquifer.cloud). Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal if denied, you may contact the [Attorney General to submit a complaint](https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint).

### 14. DO WE MAKE UPDATES TO THIS NOTICE?

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

### 15. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at [privacy@aquifer.cloud](mailto:privacy@aquifer.cloud).

### 16. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please email us at [privacy@aquifer.cloud](mailto:privacy@aquifer.cloud).

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