BackEngine AI — Privacy Notice

Please read this Privacy Notice carefully. This Privacy Notice provides important information regarding the collection and use of certain data and information that BackEngine, Inc. (hereinafter, "BackEngine", "we", "our" or "us") may collect in connection with our products, services, and business. If you have any questions, comments, or concerns regarding this Privacy Notice and/or our data practices, please contact us via email at [email protected].

By accessing or using any of our Services (as defined below), or submitting information in connection with your use of any of our Services, you acknowledge and agree that you have read this Privacy Notice.

If you are a resident of California or Nevada, or visiting us from the European Economic Area ("EEA"), Switzerland, United Kingdom ("UK"), or other non-U.S. territory, please read the applicable sections below for specific rights applicable to residents of California, Nevada, and Europe and other non-U.S. territories.

1. Introduction & Scope of Privacy Notice

BackEngine owns and operates:

• our business and corporate website located at https://backengine.com/, including its subdomains, and any other websites that include an authorized link to this Privacy Notice (collectively, the "Sites"), and
• our proprietary BackEngine hosted software-as-a-service platform (the "BackEngine Service").

When we refer to the "Services" throughout this Privacy Notice, we mean the Sites, the BackEngine Service, and any other products, websites, services, and/or applications provided by us that include a link and/or reference to this Privacy Notice, and any related services and/or new features and/or functionality provided by us through or in connection with any of the foregoing.

Our Services are designed for businesses and their representatives. We do not offer products or services for use by individuals for their personal, family or household purposes.

The term "personal information" or "personal data" means any information about an individual from which that person may be identified. For example, it may include a person's name, telephone number, email address, or payment information, and in some jurisdictions, IP address. It does not include data from which the identity of an individual has been definitively removed along with any identifiers connected to such individual (also known as anonymous or anonymized data).

2. Important Note Regarding Information Controlled by Our Customers

Please note that our "Customers" who have entered into BackEngine's terms of use, terms of service, or other agreement between BackEngine and the Customer for use of our Services (the "Customer Agreement") control the collection, use and processing of personal data and other information in connection with the use of the Services by such Customer and the employees, contractors, or agents of the Customer ("Authorized Users").

If you are an Authorized User of a Customer, please be aware that certain personal data and other information you provide, submit, and/or upload in connection with your use of the Services is collected and processed by BackEngine on behalf of the applicable Customer pursuant to the Customer Agreement as the "data processor" or "service provider" for such Customer, who is the "data controller" or "business."

Each Customer determines its own policies for handling personal data. If you are an Authorized User, you are responsible for reviewing such policies, including any privacy policies, of the applicable Customer. If you have questions regarding how a Customer processes your personal data or if you wish to submit a data rights request, as applicable under relevant data protection law, please contact the applicable Customer. Please note that if you submit any such request to us, we will forward it to the applicable Customer.

3. Changes to this Privacy Notice

BackEngine reserves the right to update or modify this Privacy Notice at any time. Except for material changes as described below in this Section, all updates and modifications to this Privacy Notice will be effective from the day they are posted online at https://www.backengine.com/privacy. If we make any material changes to this Privacy Notice, we will provide you with reasonable notice prior to such change taking effect by sending a notification to the email address we have on file for you, and may also post a prominent notice of any such changes on our Sites. Material changes to this Privacy Notice will become effective on the date set forth in the notice, and all other changes will become effective from the day they are posted on our Sites. It is your responsibility to regularly visit and review this Privacy Notice.

If you do not agree to any updates or modifications to the Privacy Notice, cease all use of the Services. Continued use of the Services by you, or, if you are a Customer, any of your Authorized Users, after the applicable effective date of the revised Privacy Notice, signifies to us that you acknowledge and agree to be bound by the revised Privacy Notice.

4. Information We Collect

How and what personal information we collect in connection with the use of the Services depends on how and why you use the Services. For instance, the information that you provide when you visit and/or browse the Sites or sign up for our marketing communications (such a visitor, a "Visitor") is more limited than the information you provide if you use our Services as a Customer or Authorized User.

When you access and use our Services, we collect information directly from you as explained in the Section "Information Provided Directly by Users," and in certain circumstances, we automatically collect certain information when you access and/or use the Services as explained in "Information Collected Automatically." In addition, the instances where we may receive information from third parties is as described below.

Please be advised that we may ask you to update your information from time to time in order to keep it accurate.

Additionally, if you provide personal information to us about someone else, you must ensure that you are entitled to disclose that information to us and, without us having to take any further steps required by data protection laws, that we may collect, use and disclose such information for the purposes described in this Privacy Notice. For example, you should ensure the individual concerned is aware of the terms detailed in this Privacy Notice and that they have not objected or do not object to you sharing their information with us.

Information Provided Directly by Users of our Services

Account Data: If you register an account for the Services, we will collect contact and other information such as your name (first and last), email address, phone number, business address, and the name of your employer, your occupation and/or profession.

Login Credentials: When you login to your account as a registered user, we collect your username, password and/or other login credentials.

Customer Content: If you are a Customer, or an Authorized User of a Customer, we may have access to certain data, text, images, recordings, videos, and other information included in the emails, support tickets, communications and other content that you transmit and process through the BackEngine Service ("Customer Content"). All Customer Content is encrypted at all times, stored for a limited period of time, and then automatically deleted. In some cases, where necessary, and subject to the Customer's approval, we may have access to the unencrypted Customer Content. All Customer Content is used by us solely to provide the BackEngine Service to the applicable Customer. Customer Content is owned and controlled by our Customers, and we collect and process such information solely on behalf of the applicable Customer in accordance with the Customer Agreement entered into with such Customer.

Payment Transaction Information: If you purchase access to the Services, we may collect certain limited payment information (for example, partial payment or credit card information, and limited transaction information like the date of purchase). BackEngine does not directly collect or store any payment information. Payment information (including the limited information we receive described here) is collected and processed by our third-party payment processors. For more information, please see the Payment Processors section of this Privacy Notice.

Contact Information: Contact information, such as first and last names, and/or email address collected through our sign-up forms to receive our marketing communications and/or newsletters.

Surveys, Feedback, Communications & Support: We collect the information, data, content, documents and/or materials you provide to us when you fill out forms, answer surveys, or contact us (such as your feedback, requests for support, or other communications with us).

Information Collected Automatically

We and/or our authorized third-party Service Providers or agents automatically collect technical and/or analytics information, using the cookies and similar technologies as described in Section 10 below, about how users use and/or interact with the Services (collectively, "Usage Information"), which may include (but is not necessarily limited to) identifiers, commercial information, and internet activity information such as IP address (or proxy server), information about the device and/or platform (e.g., iOS or Android) used by you to interact with and/or access the Services, mobile device number, device and application information, device event information, crash data, and log files and data, identification numbers and features, your approximate location (as determined through your IP address), browser type, plug-ins, integrations, Internet service provider or mobile carrier, the pages and files viewed, website and webpage interactions including searches and other actions you take, websites, apps and/or ads that referred you to the website, advertising and language preferences, operating system type and version, system configuration information, date and time stamps associated with your usage, and frequency of visits to the websites, and details of which of our products and product versions you are using.

Information Collected from Third Parties (Not You) or Sources Outside the Services

In some instances, we process personal information from third parties, which consists of:

Our Customers: We may receive personal data about you from the Customer (for example, we receive Customer Content from Customers of the BackEngine Service, and we may receive information from our Customers about their Authorized Users). We use this information to provide the Services to the Customer pursuant to the Customer Agreement.

Service Providers: We receive information from our Service Providers (as defined in Section 9 below), such as our cloud or hosting service providers, customer support providers, and our analytics providers.

Marketing and Advertising Providers: We may receive information from entities who perform advertising and/or marketing functions for BackEngine, which may include but is not necessarily limited to business contact information included in potential customer and/or lead lists we may receive.

Third Party Services: If you use any products, services, software, content, and/or features (including without limitation data products and services) that BackEngine has integrated with, and/or has otherwise made accessible for use through, the Services (collectively, "Third Party Services"), we may receive information about you from the providers of such Third Party Services.

Other Third Parties & Sources: We may receive or collect data and information from publicly available sources, such as online business profiles, social media accounts, and/or webpages, which may include your name, or a publicly available business address, and related activity on such profiles, social media accounts, and/or webpages.

Social Media Interactions: If you interact with us through any of our pages or feeds on any social media sites or platforms, such as through LinkedIn and/or any Meta platforms, we may collect information such as your name, username, demographic information, contact information such as email address, location, interests, and publicly posted data such as your social media activity.

Aggregated Data

With the personal information and other data (including Usage Information) collected by us, we process "Aggregated Data," such as statistical or demographic data. Aggregated Data may be derived from personal information, but is not considered personal information under the law if it does not directly or indirectly reveal your identity. If we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information, which will be processed in accordance with this Privacy Notice.

5. Payment Processors

BackEngine does not directly collect or store your payment information. We use third-party, PCI-compliant payment processors to collect and process payments on our behalf. Our payment processors may provide us with limited information to confirm the transaction. Information collected by these third-party payment processors is governed by the applicable third-party payment processor's privacy policy. You should review the applicable privacy policy prior to submitting any information to the applicable third-party payment processors.

6. Children's Privacy

BackEngine does not target the Services to persons under the age of 18, nor does BackEngine knowingly collect personal information of persons under the age of 13. Therefore, we ask you not to provide us with personal information of persons under the age of 13. If we learn that personal information of persons under the age of 13 has been collected on or through the Services, then we may deactivate the account or otherwise terminate access to the Services and/or make the user content inaccessible.

7. Sensitive Data

BackEngine does not require you to provide any sensitive data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health and genetics, or biometric data to use the Services.

8. BackEngine's Purposes for Collecting and Using Personal Information

Depending on how you use the Services, we use your personal information in the following instances:

• To host and provide the Sites;
• To perform and provide the Services to our Customers and their Authorized Users, and to you and other visitors to the Sites and/or users of the Services;
• To enable Third Party Services that you connect or use in connection with the Services;
• To personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service;
• To maintain, enable, upgrade, update, improve, and/or enhance the Services, and develop new features, functionality, and/or other products and services;
• To conduct analytics related to the Services, such as to understand how they are being used and where improvements may be needed;
• To provide customized advertisements, content, and information. Where required under applicable law, we will only provide you with tailored content with your opt-in consent;
• To deliver direct marketing communications to you regarding products and services of ours and/or third parties that we may think are of interest to you;
• To respond to your queries and requests, or otherwise communicate directly with you;
• To detect any fraudulent or illegal activity against you, our other customers and users, and/or BackEngine;
• For our business transfers;
• To keep you updated about changes to policies related to the Services (including this Privacy Notice);
• To comply with a legal or regulatory obligation (for example, keeping records of our sales for tax compliance); and
• To provide information to regulatory bodies when legally required, and only as outlined below in Legal Obligations and Security.

9. Sharing Personal Information

Aside from disclosing your information to those of our employees, contractors and agents who are authorized to process the information in order to provide the Services and who are committed to confidentiality, we disclose your personal information only to the third parties as described below.

Our Service Providers

We share personal information with third parties that provide services to us that help us in the operation, provision, administration and management of the Services ("Service Providers"), and to otherwise operate our business. Depending on how you use the Services, the following categories of third parties collect data on our behalf or receive personal information: hosting providers; analytics providers; payment processing providers; providers of business operations and communication tools; other third-party service providers that help us provide features and functions for the Services (e.g., customer support providers); and professional service providers, such as auditors, lawyers, consultants, accountants and insurers.

For a list of all Service Providers we use, please contact us via email at [email protected]. We require all Service Providers to respect the security of your personal information and to treat it in accordance with the law.

Disclosures Directed by our Customers

We will share and disclose personal data of Authorized Users with the applicable Customer and otherwise in accordance with the Customer's instructions, including any applicable terms in the Customer Agreement.

If you are an Authorized User of a Customer, please contact the relevant Customer to learn more about how your information may be used, shared and/or disclosed by us on their behalf.

Third Party Services

When you interact with and/or use Third Party Services, certain information may be exchanged between BackEngine and the provider of the applicable Third Party Service. Note that the Third Party Services you choose to interact with and/or use are not our service providers. The applicable providers of Third Party Services may use personal information differently than we do and we do not control their use of your information. Please review the privacy notices for the Third Party Services that you use in connection with the Services.

Business Transfers

We may also share data with third parties to whom we choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Notice.

Affiliates and Subsidiaries

Personal information that we collect about you may be shared with the employees, contractors, and agents of BackEngine and our affiliated and subsidiary entities ("Affiliates") who are involved in providing or improving the Services that we offer to you. We obligate the employees, contractors and agents of BackEngine and our Affiliates to ensure the security and confidentiality of your personal information and to act on that personal information only in a manner consistent with this Privacy Notice.

Legal Obligations and Security

Regulatory and Government Bodies — Compliance with Law

We may disclose your information to regulatory agencies and official government bodies, as required to comply with or satisfy any laws, rules, or regulations applicable to BackEngine.

Required Disclosures — Responding to Legal Orders

If we are required to disclose personal information by law, such as pursuant to a subpoena, warrant or other judicial or administrative order, our policy is to respond to requests that are properly issued by law enforcement within the United States. Under such circumstances, unless prohibited by applicable law, we will attempt to provide you with prior notice that a request for your personal information has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email, if you have given us an email address. However, government requests may include a court-granted non-disclosure order, which prohibits us from giving notice to the affected individual. In cases where we receive a non-disclosure order, we will notify you when it has expired or once we are authorized to do so.

If you are an Authorized User, please consult with the relevant Customer to learn more about how they respond to requests for information pursuant to legal orders.

Exigent Circumstances & Enforcement/Protection of Our Rights

Your information, including the contents of all of your online communications in our Services and between you and BackEngine, may be accessed and monitored as needed to provide our Service and may be disclosed to law enforcement, regulatory agencies, official government bodies, and other third parties, as we, in our sole discretion, believe necessary or appropriate: to enforce our rights under our terms of use, terms of service, customer agreements and/or any other terms and conditions applicable to the use of the Services; in connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity or activity that may expose us or our affiliates, partners and/or agents to legal liability; and/or if we receive information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person.

With Your Consent

There may be situations where you are asked to consent to share personal information with third parties for additional reasons not included in this Privacy Notice. In such event, we will only share such personal information if we have received your prior consent and only for the purposes as listed in the request to share such information.

Except where otherwise required by applicable law, your consent for the use and/or disclosure of your personal information in specific situations will continue in full force and effect until you revoke that consent, which you may do by contacting us via email at [email protected]. For the avoidance of doubt, the revocation of consent shall only apply to the use of the information after our receipt and processing of such request (which we shall process promptly and in accordance with applicable law), and not to any use or disclosure prior to such revocation in compliance with your consent.

10. Cookies & Related Technologies; Targeted Advertising

We or authorized third parties or agents may collect certain information by automated means using cookies and/or similar technologies such as web beacons, embedded scripts, pixels, and browser analysis tools (collectively, "Cookies"). Cookies collect information such as Usage Information.

We may also use third party advertising partners (e.g., Google, Bing, LinkedIn, and Meta) who use targeting/advertising Cookies to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of advertising campaigns. They are usually placed by advertising networks with the website operator's permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers.

For more information on our use of Cookies, including how to manage your preferences, please see our Cookie Policy at https://www.backengine.com/cookiepolicy.

11. Marketing Communications

If you have not otherwise opted out (or with your consent where required by applicable law), or if you have opted in to receive direct marketing emails from us, we may use your personal information to send you marketing information about the BackEngine business, our Services, new product releases, new feature releases of the Services, and/or other products and services that we think may interest you. We carry out direct marketing by email and may also do so by physical mail.

If you no longer wish to receive marketing communications, you have the right at any time to opt out as further explained in Your Choices below.

12. Your Choices

Accessing, Updating and Correcting Personal Information

If you would like to correct or update certain personal information (such as your contact information), please contact us via email at [email protected], and we will use reasonable efforts to correct and/or update such information.

Please note that if you are an Authorized User, any request to correct, access, update or delete your personal data will need to be directed to the applicable Customer.

Direct Marketing

You may manage the receipt of marketing and non-transactional communications sent by email by clicking on the "unsubscribe" link located on the bottom of any of our marketing e-mails. To opt-out of marketing communications sent by physical mail, please contact us via email at [email protected] with your request.

We will use commercially reasonable efforts to process such requests in a timely manner. Note that you cannot opt out of receiving transactional e-mails or communications related to the Services (e.g., requests for support), which, for clarification, are not marketing communications.

Cookies & Targeted Advertising

You can manage your cookie and tracking preferences as described in our Cookie Policy at https://www.backengine.com/cookiepolicy.

Additional Data Subject Rights

If you are visiting from the EEA, Switzerland or UK, or from another territory outside the U.S., you may have additional rights you can exercise as described in the Notice to European and Non-U.S. Residents Section below.

In addition, if you are an Authorized User of a Customer that is a "controller" or "business" under relevant data protection laws of the United States, you may have additional data subject rights depending on the location of the Customer or where you reside. These rights may include the right to:

• Access your personal data and information relating to how it is processed;
• Delete your personal data;
• Rectify or update your personal data;
• Transfer your personal data to a third party (right to data portability);
• Restrict how your personal data is processed;
• Withdraw your consent — where consent is relied on as the legal basis for processing — at any time;
• Object to how your personal data is processed;
• Be informed of any automated decision-making and profiling based on your personal data; and
• Lodge a complaint with your local data protection authority.

If you have inquiries about your applicable data subject rights, please contact the relevant Customer. As the "processor" or "service provider" of our Customers under relevant data protection laws, we will comply with their instructions and applicable law in responding to data subject requests pursuant to the Customer Agreement. Please note that if you submit a data subject request to us, we will forward it to the relevant Customer.

13. Third Party Social Media Plug-Ins

On or through the Services we may provide third-party "share" buttons which enable you to share certain content via social media sites (e.g., Facebook, Twitter, Instagram, YouTube, and LinkedIn). These "share" buttons may function as web beacons when you interact with the button. Please note that when you "share" using the buttons, you may send to the third party provider of the "share" button the information that you are viewing. If you are not logged into your account with the third party provider, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Services to your account with the applicable third party provider. Please refer to each third party's privacy policies to learn more about its data practices.

14. External Websites

On or through the Services we may provide or make available, for informational purposes only, links to other websites or resources with which we do not have a contractual relationship and over which we do not have control ("External Websites"). Such links do not constitute an endorsement by BackEngine of those External Websites, and are provided to you only as a convenience. By clicking on links to External Websites, the operators of the External Websites may collect your personal information. We are not responsible for the content or data collection practices of those External Websites, and your use of External Websites is subject to their respective terms of use and privacy policies.

15. Data Retention

Personal information is processed for the period necessary to fulfill the purposes for which it is collected, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights.

In order to determine the most appropriate retention periods for your personal information, we consider the amount, nature and sensitivity of your information, the reasons for which we collect and process your personal information, and applicable legal requirements.

In some instances, we may choose to anonymize personal information instead of deleting it. When we choose to anonymize, we make sure that there is no way that the personal information can be linked back to any specific individual.

If you are an Authorized User, contact the relevant Customer if you wish to request the removal of personal data under their control.

16. Data Security and Protection

We have put in place reasonable and appropriate security measures designed to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. For example, we use encryption, secure socket layer (SSL), firewalls, and password protection. In addition, we limit access to personal information to those employees, agents, contractors and the third parties who have a business need-to-know.

We also have procedures in place to deal with any suspected data security breach. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and while we take reasonable steps to provide secure services, by using the Services, you understand and assume the risks associated with your activities on the internet.

Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Services is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Services. To the fullest extent permitted under applicable law, we cannot and do not guarantee that information you post on or transmit to the Services will not be viewed by unauthorized persons.

17. California Privacy Rights — Shine the Light

California residents who have provided us with personal information have the right (under California Civil Code § 1798.83) to request and obtain from us, once each year, the details of any personal information we shared with a third party for that third party's direct marketing purposes during the prior calendar year. The details would include the categories of personal information and the names and addresses of the third party with which it was shared.

To request information about this sharing, you may submit a request via email to [email protected] with "Your California Privacy Rights" in the subject line, along with your first and last name, and complete mailing address (including street address, city, state, and zip code).

18. Notice to Nevada Residents

Under Nevada law, Nevada "consumers" (individuals who are seeking or acquiring goods/services for personal, family, or household purposes) may opt out of the sale of covered personal information.

BackEngine does not currently sell covered information of Nevada consumers as defined under applicable Nevada law.

You may submit an opt-out request by sending your request to [email protected], along with your full name, complete mailing address (including street address, city, state, and zip code), email address (so that we can contact you, if needed, in connection with the request) and confirmation that you are a Nevada resident.

19. Notice to European and Non-U.S. Residents

This notice supplements the information provided in this Privacy Notice to address certain disclosures under the General Data Protection Regulation (EU) 2016/679 ("GDPR") and other similar comprehensive data protection laws, and applies only to individuals who are within the scope of this Privacy Notice and located in the EEA, UK, Switzerland, or another country with a similar comprehensive data protection law.

For the purposes of the GDPR and relevant local data protection laws, BackEngine is (a) the data controller of personal information about its Visitors and certain account-related data of Customers, and (b) the data processor of all other personal information processed on behalf of Customers, including Customer Content. Personal data as used in this Notice to European and Non-U.S. Residents Section means "personal data," as defined in Article 4(1) of the GDPR or the relevant section of the local data protection laws. If you have any questions about how we process your personal data, or to exercise your data protection rights, please contact us using the methods provided in the How to Contact Us Section below.

a. Our Legal Basis for Processing

Generally, we process your personal data for one or more of the following legal bases:

• Performance of a Contract: In order to perform the Services and fulfill our obligations under the contract we are about to enter into or have entered into with you. This may also include disclosure to the third parties who help us perform our obligations to you in connection with your use of the Services, such as hosting providers and payment processors.
• Legitimate Interests: When it is reasonably necessary to achieve our legitimate business interests (or those of a third party), and your interests and fundamental rights do not override those interests. For example, for security purposes and protection against fraud.
• Legal Obligations: Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.
• Vital Interests: Where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
• Consent: Where you have given us specific consent to use your personal data for a specific purpose. Please note that for this specific legal basis, you have the right to withdraw your consent at any time.

b. Data Subject Rights

Depending on your country of residence, your rights may include:

• The right to be informed — that's an obligation on us to inform you how we use your personal data (and that's what we're doing in this Privacy Notice);
• The right of access — that's a right to make what's known as a 'data subject access request' for a copy of the personal data we hold about you;
• The right to rectification — that's a right to request that we correct personal data about you that may be incomplete or inaccurate (though we generally recommend first making any changes in your account if you have one);
• The right to erasure (also known as the 'right to be forgotten') — that's where in certain circumstances you can ask us to delete the personal data we have about you (unless there's an overriding legal reason we need to keep it);
• The right to restrict processing — that's a right for you, in certain circumstances, to ask us to suspend processing personal data;
• The right to data portability — that's a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);
• The right to object — that's a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing);
• Rights in relation to automated decision-making and profiling — that's a right you have for us to be transparent about any profiling we do, or any automated decision-making;
• Withdraw Consent — that's the right to revoke any consent you may have previously given us at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent; and
• File a complaint — that's the right to file a complaint with a supervisory authority about our collection and processing of your personal data.

c. Exercising Your Rights

These rights are subject to certain rules around when you can exercise them. If you wish to exercise any of the rights set out above, please contact us using the details in the How to Contact Us Section below.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights) unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

We will respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as required by law.

If you no longer wish to receive our marketing/promotional information, you may opt out as described in the Your Choices Section above.

Finally, you have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us first.

Please note that if you are an Authorized User and you submit a data subject request to us, we will forward it to the relevant Customer.

20. International Transfers

BackEngine is based in the United States. The personal information that we collect is sent to and stored on servers located in the United States. Such storage is necessary in order to process the information and provide our Services. If you are located outside of the United States, please be aware that your information, including your personal data, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

21. How to Contact Us

If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us as follows:

By email: [email protected] — Subject Line: Privacy Request

By mail: BackEngine, Inc., 9415 Culver Blvd, Culver City, CA 90232