Filash Inc. (collectively, “we”, “our”, “us” or “Filash”) respects data privacy rights and is committed to transparency regarding its collection and use of Personal Information. This Privacy Policy (this “Policy”) describes the types of information we may collect from you or that you or your organization may provide to us when you visit our website (www.filash.io) or use the Filash Platform and related services (collectively, the “Service”), submit an inquiry to us, or otherwise interact with us. This Policy also describes how we use and share information about you, as well as certain rights and choices you may have regarding your Personal Information.

Please read this Policy carefully. If you have questions or concerns about this Policy or our collection and use of your information, please contact us at the email address listed below. By using the Service, you acknowledge that you accept and consent to the practices described in this Policy. If you do not agree to one or more terms of this Policy, you must not use the Service. If you are an authorized user of the Service, whether on your own behalf as a Filash client or on behalf of an organization that is a Filash client, your use of the Service is also subject to the terms and conditions of the applicable commercial agreement between Filash and you or your organization.

Applicability

In this Policy, “Personal Information” means information that can be used to identify you (such as your name, email address or other contact information) and other information that is linked to your personal identifiers (such as login information, or whether you are an authorized user of a particular feature of the Service). Personal Information includes information meeting the definition of “Personal Data” under the EU General Data Protection Regulation and “Personal Information” under the California Consumer Privacy Act and related regulations.

This Policy applies only to information that is Personal Information collected by or provided to us through the Service or our website. For example, if we create aggregated anonymous data that cannot be used by someone else to identify you, that data is not covered by this Policy. This Policy also does not apply to information we may obtain from other sources, to other applications or websites, or to the practices of any third parties.

Information We Collect

Information you or your organization gives us:

We collect and store Personal Information that you or an administrator in your organization provides to us when you interact with the Service, such as when you register a user account, download one of our software products, request information or product support from us, send us an email, or sign up for a demo or for our newsletter. This information may include:

• Contact information, such as your name, email or mailing address, or telephone number;
• Account or login information, such as organization, account number, username, password, or other unique identifier;
• If you apply for a job with us, we may also collect the information you provide to us for recruitment purposes, such as demographic information and employment history.

Information we derive from your use of the Service:

We also collect information about you when you use the Service. This information may include:

• Information about the file transfer, if applicable, such as number of files, file size, transfer speed, elapsed time, direction of transfer, and status; and
• Information about your use of our platform and our ancillary software, such as version used and features used.

Information we collect through tracking technology:

We and our partners, affiliates and analytics or service providers may use technologies such as cookies, beacons, tags and scripts to analyze trends, administer the Service, track users’ movements around our website or Platform (but not outside our website or Platform) and gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies on an individual as well as an aggregated basis.

We use cookies to remember users’ settings (e.g., language preference). Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use the Service, but your ability to use some of its features may be limited.

We gather certain information automatically and store it in log files. This information may include information about your computer and network environment, such as IP address, MAC address, server name, browser type and version, internet service provider, referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect from or about you. We do this to provide, analyze and improve the Service.

Analytics services are provided by third parties to measure various uses of an application or webpage, including general geographic location, browsing actions, and similar information for compiling and analyzing statistical data. These third parties may also use automatic technologies like browser cookies and Web beacons. We use Google Analytics to help us analyze the Filash Platform and our website and how they are used. You can read more about how Google Analytics handles Personal Informationhere, and you learn how to opt out of Google Analyticshere.

How We Use Personal Information

We use the Personal Information we collect to deliver the Service in accordance with our service agreements with our clients and for our legitimate interests in understanding and improving the Service and marketing to our clients and potential clients. Specifically, we use this information to, among other things:

• Fulfill your order and administer your account;
• Respond to client service requests and other inquiries;
• Update our Platform and install and update software, where applicable;
• Operate the Service as designed, including file transfer and email notification;
• Personalize your user experience;
• Anticipate and resolve problems with the Service and improve client support;
• Investigate misuse of the Service;
• Allow you to monitor and report on file transfer activity and status;
• Develop and market products and services that may be of interest to you; and
• Fulfill any other purpose for which you provided the information or which was disclosed to and agreed by you prior to or at the time of collection.

How We Share Personal Information

We limit the scope of the information provided to third parties, and we allow its use only for the purposes for which it was disclosed. We will share your Personal Information with third parties only in the ways that are described in this Policy. We do not sell your Personal Information to third parties (including as the term “sell” is defined under the California Consumer Privacy Act).

Service Providers and Sub-Processors; Onward Transfer:

We may share your Personal Information to third parties that provide services to help us with our business activities, such as payment processing providers, email or other communications service providers, and platforms for customer service, hosting, cyber security, and customer-relations management. These companies are contractually authorized to use your Personal Information only as necessary to provide these services to us. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our clients.

Enforcement:

We may use and share your Personal Information to comply with applicable laws and regulations, or as otherwise required by law, such as to comply with a subpoena or similar legal process. We may also disclose Personal Information when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Business Transition:

If we go through a business transition, such as a merger, acquisition, or asset sale involving a detailed review of our business and operations by third parties, we may disclose your Personal Information as part of such review. Any such review will be subject to a confidentiality agreement that will limit the use of your Personal Information for the purpose of the review. If the transition is consummated, your Personal Information will likely be among the assets transferred. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

Behavioral Re-Targeting

We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on the Service and other websites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clickinghere(or if located in the European Union clickhere). For information about behavioral advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative websiteor the Digital Advertising Alliance website.

The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer, you may set your browser to block cookies.

Data Controlled by our Clients:

We collect information under the direction of our clients, and typically we have no direct relationship with the individuals whose Personal Information we process on our clients’ behalf. We work with our clients to help them provide notice to their users and customers concerning the purpose for which their information is collected and processed. If you are a customer or other user associated with one of our clients and have questions or wish to exercise your rights relating to your Personal Information (such as seek access, correction, amendment, deletion of inaccurate information or wish to no longer be contacted), please contact that client directly. If we receive a request from a client relating to data controlled by that client, we will respond within a reasonable timeframe.

Access and Choice

Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. If you are a client and would like to review or update your account or make deletions, or if you no longer desire the Service, please contact us atfilash@filash.io. We will respond to your request within a reasonable timeframe.

You can opt out of receiving e-mail messages from us about products and services that may be of interest to you. Simply click on the “unsubscribe” link in any promotional email you may have received from us or contact us directly at filash@filash.io We will honor your opt-out request promptly.

Please note that Personal Information disclosed by you to third parties will be used according to such third parties’ privacy policies.

When submitting a request to us, please be sure to include all of the contact information you believe we may have for you, including email addresses, telephone numbers, names and mailing addresses.

Retention of Personal Information

We will retain your Personal Information and data we process on behalf of our clients for as long as your account is active or as needed to provide the Services to you; however, we will retain and use your Personal Information as necessary for other legitimate business purposes, including for backup and archival purposes, to comply with our legal obligations, resolve disputes, and enforce our agreements.

Our Security Measures to Protect Information

To help protect the security and privacy of Personal Information, we have implemented and maintain commercially reasonable physical, technical and administrative safeguards. We restrict access to your Personal Information to those employees and service providers who need to know that information to provide benefits or services to you and who are obligated to maintain the confidentiality of your Personal Information. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee absolute security. If you have any questions about the security of our Service, please contact us atfilash@filash.io.

Links to 3rd Party Sites

Our Service includes links to other sites whose privacy practices may differ from those of Filash. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any site you visit.

If you are a user of our Service through our relationship with Microsoft, please seeMicrosoft’s privacy statement.

Forum

Our Service may offer community forums, such as for developers or product support. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our community forum, contact us atfilash@filash.io. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

Testimonials

We display personal testimonials of satisfied clients on our website in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us in one of the ways provided above.

Social Media Features

Our Service may include social media features, such as a linked button or interactive mini-program that runs on our Service. These features may collect your IP address and which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Service. Your interactions with these features are governed by the privacy policy of the company providing the applicable feature.

EU-U.S. and Swiss-U.S. Data Privacy Frameworks, with U.K. Extension

Filash complies with the EU-U.S. Data Privacy Framework (the “EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF (the “UK Extension”), and the Swiss-U.S. Data Privacy Framework (the “Swiss-U.S. DPF” and, collectively, the “DPFs”) as set forth by the U.S. Department of Commerce. Filash has certified to the U.S. Department of Commerce that it adheres to the Principles set forth in each of the foregoing (collectively, the “DPF Principles”) with regard to the processing of Personal Information received from the European Economic Area (that is, the EU Member States, plus Iceland, Liechtenstein and Norway, collectively, the “EEA”) in reliance on the EU-U.S. DPF, from the United Kingdom and Gibraltar under the UK Extension, and from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and any such DPF Principles, the Principles shall govern. To learn more about the DPF program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Under the DPFs, we are responsible for the processing of Personal Information we receive and subsequently transfer to a third party acting as an agent on our behalf. We comply with the DPF Principles for all onward transfers of Personal Information, including the onward transfer liability provisions.

With respect to Personal Data received or transferred pursuant to the DPFs, we are subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the DPFs, we have committed to refer unresolved complaints concerning our handling of Personal Information transferred to us in reliance on the DPFs to an alternative dispute resolution provider based in the United States. If you live in the EEA, UK or Switzerland and have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Under certain conditions, more fully described on the DPF website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

Children’s Privacy

Our Service is directed at a general audience, and we do not intend to market to or collect, nor do we knowingly collect, Personal Information from children under the age of 13. Unfortunately, we cannot always determine the age of a visitor to our website or the sender of an email. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

Governing Law and Changes to Our Privacy Policy

You agree that any dispute over privacy or the terms contained in this Policy will be governed by the laws of the United States and the Commonwealth of Massachusetts. Any legal action or proceeding relating to this Policy or your access to or use of this Site shall be instituted in a state or federal court in the Commonwealth of Massachusetts. You agree to submit to the jurisdiction of, and agree that venue is proper in, such courts. You may have additional rights under applicable data protection laws in your jurisdiction, and nothing in this Policy is intended to limit your rights in violation of such laws.

We reserve the right to amend the Policy at any time to reflect changes to our information practices or for any other reason, without notice to you, other than the posting of the amended Policy on our website. However, if we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on our website prior to the change becoming effective. You should check our website regularly to see the current Policy that is in effect and any changes that may have been made to it. The provisions contained herein supersede all previous notices or policies regarding our privacy practices that govern the use of the Service.

Questions Regarding Privacy or the Policy

If you have any questions about this Policy or any concern about privacy at Filash or the use of the Service in general, please contact us at:

filash@filash.io