Privacy Policy

1. Introduction

The ON Platform Inc. (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.onplatform.com/ (our “Website”), or use our products and services, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• On this Website.
• In email, text, and other electronic messages between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
• When you use the ON Platform, any information you provide including when you create or join a chat or enter text into a chat.
• When you interact with the ON Platform chat through a third-party messaging application, the information collected from that messaging application based on the permissions stored in the messaging application.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries), unless specifically stated otherwise in this policy; or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

2. Children

The Website is not intended for children, as defined under applicable law. Children may not provide any information to or on the Website. We do not knowingly collect personal information from children. If you believe we might have any information from or about a child, please contact us at the email address identified in the Contact Information section.

3. Information We Collect About You and How We Collect It

We collect several types of information from and about users of ON Platform, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
• That is about you but individually does not identify you; and/or
• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
• From third parties, for example, our business partners.

Information You Provide to Us.

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website.
• Records and copies of your correspondence (including email addresses), if you contact us.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

4. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website.
• To customize your experience when using the ON Platform, such as by providing interactive or personalized elements and providing you with content based on your interests.
• To allow us to improve ON Platform and the services we provide, such as by better tailoring our content to our users’ needs and preferences.
• To generate and analyze statistics about your use of ON Platform.
• To help our advertisers and sponsors better understand our users (provided that for such purposes we only use de-identified information).
• To detect, prevent, and respond to fraud, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuse of ON Platform.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please contact us at the email address provided in the Contact Information section. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

5. Legal Bases for Processing

Where the Company acts as a controller, we process your personal information, with your consent, where necessary to perform a contract, to comply with our legal obligations, and where doing so is in our legitimate interest and does not outweigh your rights and freedoms, such as to protect the integrity of our software, protect the integrity of our testing process, protect our intellectual property, provide and improve our services, and ensure compliance with applicable laws and our Terms of Service.

6. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of The ON Platform’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by The ON Platform about our Website users is among the assets transferred.
• To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of The ON Platform, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

7. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising.

• Google Analytics collects personal data through the Website, including through the use of cookies. For information about how Google Analytics collects and processes data, please visit: https://policies.google.com/technologies/partner-sites. To opt out of having your information used by Google Analytics, please visit: https://tools.google.com/dlpage/gaoptout/. For more information, please visit Google’s privacy policy at: https://policies.google.com/privacy?hl=en&fg=1.

  Google Tag Manager (GTM”) is a tag management system to manage JavaScript and HTML tags used for tracking and analytics on websites. Tags are small code elements that, among other things, are used to measure traffic and visitor behavior: to understand the effect of online advertising and social channels; to set up remarketing and orientation towards target groups; and to test and optimize websites. GTM makes it easier for us to integrate and manage our tags. GTM itself is a domain that neither uses cookies nor stores data. It merely functions as an “administrator” of implemented tags. Data is collected by the individual tags of the different web analysis tools. For more information, you may also visit Google’s privacy policy at: https://policies.google.com/privacy?hl=en&fg=1.

  Additionally, third parties, including Google, may place and read cookies on your browser or device, or use web beacons to collect information in connection with ad serving on or through the Services, including for the purposes of showing our ads on sites across the Internet. Our partners will collect personal information for personalization of ads and may use first-party cookies or other first-party identifiers and third-party cookies and other third-party identifiers for personalized and non-personalized advertising and measurement. Ad serving may be based on users’ visits to our Services or other websites on the Internet, and your activity may be tracked over time and across digital properties.

  For information about how Google collects, shares, and uses data, please visit: https://policies.google.com/technologies/partner-sites. You can opt out of Google’s use of cookies or device identifiers by visiting the Google Ads Settings web page at: http://www.google.com/ads/preferences/. For more information, please visit Google’s privacy policy at: https://policies.google.com/privacy?hl=en&fg=1. You can opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page or control the use of device identifiers by using your device’s settings.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Please note that we do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website, http://www.networkadvertising.org/managing/opt_out.asp. You can also visit the Digital Advertising Alliance’s website, available at https://youradchoices.com/, to use its Consumer Choice Tools. Users in the European Union and United Kingdom can visit the European Digital Advertising Alliance opt-out page, located at youronlinechoices.com.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

8. International Data Transfers

When you use the Website and provide information through the Website, we may transfer your information to a destination outside your jurisdiction, including to the United States. The United States has not received a finding of “adequacy” from the European Union under Article 45 of the GDPR (or other analogous international data protection regulations, such as the United Kingdom’s (“UK”) GDPR). The Company relies on the safeguards set forth in Article 46 of the GDPR or derogations for specific situations set forth in Article 49 of the GDPR (or other analogous data transfer mechanisms) in order to transfer personal information across international borders.

Individuals in the European Economic Area (“EEA”) and the UK may request a copy of applicable Article 46 agreements by emailing support@onplatform.com.

9. Your International Rights

Individuals in the EEA and UK

To the extent required by law, the Company provides you with:

• reasonable access to the personal information collected through the Website;
• the ability to review, correct, export, and delete such personal information; and
• the ability to restrict processing of your personal information, or object to its processing.

When the processing of your personal information is based on your consent, you have the right to withdraw your consent at any time, but this will not affect any processing we have already performed. If you withdraw your consent, refuse to provide certain information, or provide inaccurate information, you may not be able to access or utilize all of the features or content available on or through the Website, and we may not be able to fulfill your requests for products or information.

Please contact us using any of the methods identified in the Contact Information section if you would like to exercise your individual rights. We may need to obtain or confirm certain personal information in order to accommodate your request. We will not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

In addition to the above rights, you also have the right to lodge a complaint with a supervisory authority (EEA) or the Commissioner (UK) if you believe we have processed your personal information in a manner inconsistent with your privacy rights. We kindly request that you contact us first so that we may address your concern.

Your Canadian Rights

The Company and its data servers are located in the United States.

Sending personal information outside of Canadian borders may increase the risk of disclosure of information because the laws in the destination country dealing with protection of information may not be as strict as in Canada. By agreeing to this Privacy Policy, you consent to allow your personal information to be transferred outside of Canada to Company for processing in the United States in order that we may provide you with the services requested.

Subject to applicable law, you may have the right to access your personal information (including the right to access your personal information in an electronic format and the right to an account of the use that has been made or is being made of the personal information and the third parties to which it has been disclosed), or update or correct your personal information (including, where applicable, the right to obtain deletion of any personal information collected otherwise than according to law), at any time upon request. If you have provided your consent to the processing of your personal information, you have the right to fully or partly withdraw your consent. Once we have received notification that you have withdrawn your consent, we will no longer process your personal information for the purpose(s) to which you originally consented unless there is another legal ground for the processing.

If you have any questions or complaints about this Privacy Policy or the handling of your personal information, if you wish to decline to have your personal information collected, used, or disclosed for the purposes set forth in this Privacy Policy or to withdraw your consent to our use of your personal information, or if you would like to request access to, deletion of, or update to any personal information we have on file, please contact: support@onplatform.com. Where applicable, you may also contact the privacy officer to obtain information about the Company’s policies and practices with respect to service providers outside Canada.

Subject to applicable law, you may also direct complaints to the privacy commissioner of the jurisdiction in which you reside or other applicable supervisory authority.

For more information about California resident privacy rights, including the rights of California residents under the California Consumer Privacy Act, please see the California Consumer Privacy Act section below.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: support@onplatform.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

10. Data Security and Retention

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

We retain your information for as long as needed: (i) to conduct business with you; (ii) as needed for the purposes outlined in this Privacy Policy; and (iii) as necessary to comply with our legal obligations, resolve disputes, and enforce any agreements.

12. California Consumer Privacy Act

California Residents

The following disclosures are made pursuant to the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (“CCPA”). These disclosures supplement any privacy notices we previously or contemporaneously provided to you, including any California-specific privacy notice provided to you if you are an employee of the Company.

Right to Know

California residents have the right to be informed of the categories and specific pieces of personal information collected about them, including sensitive personal information, collected, used, and disclosed, the categories of sources from which that information is collected, whether that information is sold or shared, the categories of third parties to whom that information has been disclosed, the business or commercial purposes for collecting and using each category of personal information, and the intended retention period for each category of personal information.

The below chart reflects the categories of personal information we have collected from California residents during the past twelve months, the categories of sources from which the information was collected, the business or commercial purpose for which the information was collected, the categories of third parties to whom we disclosed that information, and our anticipated retention period for each category of information.

maintain, improve, upgrade, or enhance a service or device that is owned or controlled by us; identify and repair errors; provide you with advertising or marketing services; perform analytics. | Advertising networks; affiliates; call tracking platforms; customer relationship management platforms; data analytics providers; marketing platforms; social media platforms; technology services; video hosting, sharing, and streaming platforms.

Right to Limit Use and Disclosure of Sensitive Personal Information

We do not collect or process sensitive personal information for the purpose of inferring characteristics about consumers. We also do not disclose sensitive personal information for purposes other than those specified in section 7027(m) of the CCPA regulations promulgated by the California Privacy Protection Agency. Therefore, we do not offer consumers the option to limit the use of their sensitive personal information.

Right to Opt Out of Sharing for Cross-Context Behavioral Advertising

In the past twelve months, we have not shared the categories of personal information listed above for cross-context behavioral advertising. Under California law, consumers have the right to opt out of the sharing of their personal information for cross-context behavioral advertising. Because we do not share data for this purpose, we do not offer this opt out.

Right to Opt Out of Sale

We do sell personal information to certain referral partners in exchange for monetary consideration. In the past twelve months, we have provided the following categories of information to referral partners in ways that could be considered a sale under California law:

• Personal identifiers; commercial data; California Customer Records personal information; professional or employment-related information; and inference data.

We also share personal information for other benefits that could be deemed a “sale,” as defined by the CCPA. The CCPA broadly defines “sale” in a way that may include activities such as the delivery of targeted advertising on websites or allowing third parties to receive certain information, such as cookies, IP address, and/or browsing behavior. In the past twelve months, we have provided the following categories of information to advertising networks, affiliates, customer relationship management platforms, data analytics providers, marketing platforms, social media platforms, and video hosting, sharing, and streaming platforms in ways that could be considered a “sale” under California law:

• Personal identifiers, such as unique personal identifier, online identifier, internet protocol address, device information and identifiers, and unique advertising identifiers and cookies; Internet and other electronic network activity information; geolocation information; characteristics of protected classifications under California or federal law; commercial data; and inference data.

We disclosed these categories of information to these third parties in order to market and advertise our products and services; perform analytics; and to maintain, improve, upgrade, or enhance our products or services.

We have no actual knowledge of selling the personal information or the sensitive personal information or minors under 16 years of age.

California residents have the right to opt out of the “sale” of their personal or sensitive personal information.

If you would like to opt out of such disclosures, you may exercise your right by modifying your cookie settings, or, you may do so in a frictionless manner by activating Global Privacy Control(“GPC”) opt out preference signal to opt out of disclosures of your personal information through the browser you are using. To learn more about how to activate the GPC, click https://globalprivacycontrol.org/.

Right to Delete Personal Information

You have the right to request the deletion of your personal information, subject to certain exceptions.

Right to Correct Inaccurate Personal Information

You have the right to request the correction of any inaccurate personal information that we maintain about you.

Right to Access

You have the right to request the categories and specific pieces of personal information we have collected about you.

Right of Non-Retaliation and Non-Discrimination

You have the right to exercise the privacy rights conferred to you under the CCPA without receiving retaliatory or discriminatory treatment. The Company does not retaliate or discriminate against you for exercising the privacy rights conferred to you under the CCPA.

Exercising Your Rights

To exercise your rights, you may contact us via email at support@onplatform.com. Requesters will need to provide us with personal information in order to verify their identity and residency, including name, email, and state of residence. We will compare the information you provide with our internal records. The personal information that we use to verify identity and residency will not be used for any other purpose.

You may authorize an agent to submit a request on your behalf if you provide the authorized agent with written permission signed by you. The Company may require you to verify your identity directly with us and confirm that you provided the authorized agent with permission to submit a request on your behalf.

13. Contact Information

To ask questions or comment about this privacy policy and our privacy practices, or to register a complaint or concern, contact us at:

The ON Platform Inc. 555 Clay Street San Francisco, CA 94111

Or via email at:

support@onplatform.com.