<h1>BrightEdge Autopilot Convert Product Terms</h1>

<p>Customer’s access to and use of the BrightEdge Autopilot Convert services (the “Autopilot Convert Services”) and all products accessed via the Autopilot Convert Services (collectively, the “Product(s)”) is subject to the Master Subscription Agreement (“MSA”) between Customer and BrightEdge Technologies, Inc. (“BrightEdge”), if applicable, and these additional Autopilot Convert Product Terms (the “Autopilot Convert Terms”). Customers who access the Autopilot Convert Services and/or the Products on a free or trial basis, and who have not signed an MSA with BrightEdge, are governed solely by these Autopilot Convert Terms. In the event of any conflict or inconsistency between these Autopilot Convert Terms and the MSA, these Autopilot Convert Terms shall control and govern the rights and obligations regarding Customer’s use of the Autopilot Convert Services. Customer’s access to and use of the Autopilot Convert Services and Products is subject to the <a href="https://www.brightedge.com/privacy&quot; target="_blank">BrightEdge Privacy Policy</a> and <a href="https://www.brightedge.com/APConvertPrivacy&quot; target="_blank">Privacy Terms for Autopilot Convert</a>.</p>

<p>These Autopilot Convert Terms set forth the general terms and conditions of Customer’s use of the Autopilot Convert Services and the Products and is in addition to (not in lieu of) any specific terms and conditions that apply to any and all other BrightEdge services provided to Customer. Customer agrees to abide by the most recent version of the Autopilot Convert Terms each time the Customer accesses or uses the Autopilot Convert Services and/or the Products. These Autopilot Convert Terms do not have to be signed to be binding.</p>

<p>YOUR USE OF THE AUTOPILOT SERVICES MEANS THAT YOU AGREE TO THESE AUTOPILOT CONVERT TERMS AND CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND BRIGHTEDGE. DO NOT USE THE AUTOPILOT CONVERT SERVICES OR ANY PRODUCT IF YOU DO NOT AGREE TO THE AUTOPILOT CONVERT TERMS IN THEIR ENTIRETY.</p>

<p>If the Autopilot Convert Services are offered on a beta, limited or trial basis (a “Beta Release”), BrightEdge may discontinue the Beta Release offering at any time. Customer acknowledges that it may lose all its data inputted during its access to the Product&nbsp; during the Beta Release period. Beta Releases are provided as-is and as-available without any warranties, express or implied. Customer agrees to provide BrightEdge with comments, feedback, usage data and other information relating to Customer’s use of Beta Release Products if applicable.</p>

<p>As the Products might be integrated with Customer’s website(s), Customer Relationship Manager (CRM), and/or its Content Management System (CMS), Customer acknowledges and accepts all risks associated with the use of the Products. BrightEdge disclaims all liability related to Customer’s use of the any Product in connection with Customer’s website(s) CRM, and/or CMS. BrightEdge shall not guarantee or be responsible for any custom code used to integrate the Product(s) with Customer’s website(s), CRM, and/or CMS.</p>

<p>Customer agrees to the following terms:</p>

<p>1. LICENSE. Upon payment of any applicable fees and subject to the terms and conditions herein and those of the associated Order Form, Customer acknowledges that it shall have only a limited, nonexclusive, nontransferable license to access the Autopilot Convert Services and use the Product(s) solely during Customer’s current Subscription Period set forth in a mutually agreed-upon Order Form by and between Customer and BrightEdge or as selected by Customer within the Autopilot Convert Services (the “Term”). Subject to the terms and conditions set forth in these Autopilot Convert Terms and any applicable MSA, BrightEdge hereby grants to Customer a nonexclusive, nontransferable, worldwide license to access the Autopilot Convert Services and use the Product(s) solely for Customer’s internal business purposes.</p>

<p>2. REPRESENTATIONS. Customer represents and warrants: (i) it owns all rights in and to any data or content uploaded or created by Customer ("Customer Content"), including all data relating to Customer’s personnel, End Users, or other individuals as well as any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials, or otherwise has (and will continue to have) the full power, title, licenses, consents and authority, in and to the Customer Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Customer Content; (ii) the Customer Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for Customer to possess, post, transmit or display in the country in which Customer or the Autopilot Convert Service’s visitors and users ("End&nbsp; Users") reside, or for BrightEdge and/or Customer’s End Users to use or possess in connection with the Product; and (iii) Customer has obtained all consents and permissions required under all applicable laws regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the Customer Content, and Customer will adhere to all laws applicable thereto.</p>

<p>3. RESTRICTIONS. Customer recognizes that the licenses herein are granted solely for the purpose of Customer’s internal business use of the Product, and Customer will not (and will not allow any third party to): (i) decompile, disassemble, or otherwise reverse engineer the Product or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Product by any means whatsoever; or (ii) use or copy the Autopilot Convert Services or any Product, in whole or in part, except as expressly allowed herein. Customer further acknowledges and agrees that: (a) Customer’s use of the Autopilot Convert Services, including any data or content Customer collects, processes, or stores within the Autopilot Convert Services, will comply with these Autopilot Convert Terms, the MSA if applicable, the BrightEdge Privacy Policy and Privacy Terms for Autopilot Convert, and all applicable local, state, national and international laws, rules and regulations; (b) Customer will not use the Autopilot Convert Services or any Product in a manner that: (1) is illegal, or promotes or encourages illegal activity; (2) infringes on the intellectual property rights of any other person or entity; (3) violates the privacy or publicity rights of any other person or entity, or breaches any duty of confidentiality that Customer owes to any other person or entity; (4) interferes with the operation of the Autopilot Convert Services or any Product; (5) results in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations, including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, the Telemarketing Sales Rule, 47 C.F.R. §64.1200 et seq., or other state or local laws relating to calling or texting (collectively, the “Calling Laws”); or (6) introduces or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any BrightEdge software or hardware; (c) Customer will not copy or distribute in any medium any part of the Autopilot Convert Services or any Product, except where expressly authorized by BrightEdge; and (d) Customer will not modify or alter any part of the Software or Products or any of their related technologies. Customer agrees to regularly back up all of Customer’s Customer Content so that Customer can access and use it when needed. BrightEdge does not&nbsp; warrant that it maintains or backs up any Customer Content, and Customer agrees to accept as a risk the loss of any and all of Customer’s Customer Content.</p>

<p>4. CONTENT OWNERSHIP. As between BrightEdge and Customer, Customer shall own all intellectual property rights pertaining to Customer Content. BrightEdge will have no rights in any Customer Content except as expressly set forth in these Autopilot Convert Terms and the MSA if applicable. BrightEdge will exclusively own all intellectual property rights, title and interest in and to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works utilities, processes, inventions, devices, methodologies, specifications, documentation, techniques and any other materials provided or created by BrightEdge and/or the Product (“BrightEdge Product Content”). these Autopilot Convert Terms and the MSA if applicable. For the purposes of BrightEdge’s hosting of Customer Content, Customer hereby grants BrightEdge a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sublicensable right and license to use Customer Content (in whole or in part) worldwide in order to provide Customer with the Autopilot Convert Services and Products as set forth in these Autopilot Convert Terms and the MSA if applicable. Under no circumstances will BrightEdge (i) be considered a "publisher" of any Customer Content; (ii) in any way endorse any Customer Content; or (iii) assume liability for any Customer Content uploaded, posted, published and/or made available by Customer or any other party on and/or through the Product, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that Customer or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any Customer Content. Furthermore, BrightEdge shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, incitement and/or any other unlawful and/or infringing Customer Content Customer or any other party may encounter.</p>

<p>5. PRODUCT OWNERSHIP. All rights, title and interest in and to Autopilot Convert Services and the Products, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the "look and feel" of the Autopilot Convert Services and Products, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks,&nbsp; trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by and/or licensed to BrightEdge. These Autopilot Convert Terms do not convey any right or interest in or to either Customer’s intellectual property or BrightEdge’s Intellectual Property (or any part thereof), except only for the limited license expressly granted herein. Nothing in these Autopilot Convert Terms constitutes an assignment or waiver of either Customer’s intellectual property or BrightEdge’s Intellectual Property rights under any law. Any rights not expressly granted herein are reserved to BrightEdge.</p>

<p>6. FEEDBACK. Customer hereby grants BrightEdge a royalty-free, nonexclusive, perpetual, irrevocable, worldwide, transferable (only to a successor by way of merger, reorganization or sale of all or substantially all assets or equity), sublicensable license to use, copy, modify, or distribute, including by incorporating into BrightEdge’s products, services and other technology and offerings, any suggestions, enhancement requests, recommendations or other feedback provided by Customer relating to the Autopilot Convert Services or Products.</p>

<p>7. BRIGHTEDGE WARRANTIES AND DISCLAIMER. BrightEdge represents and warrants that it has the requisite right and legal authority to grant the license and provide the Autopilot Convert Services and Products. Subject to the terms and conditions of these Autopilot Convert Terms, the MSA if applicable, and BrightEdge’s other policies and procedures, BrightEdge shall use commercially reasonable efforts to attempt to make the Autopilot Convert Services available on a twenty-four (24) hours per day, seven (7) days per week basis. Customer acknowledges and agrees that the Autopilot Convert Services may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that BrightEdge undertakes from time to time; or causes beyond BrightEdge’s reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Customer acknowledges and agrees that BrightEdge has no control over the availability of the Autopilot Convert Services or Products on a continuous or uninterrupted basis, and that BrightEdge assumes no liability to Customer or any other party with regard thereto.</p>

<p>THE AUTOPILOT CONVERT SERVICES AND PRODUCTS ARE PROVIDED "AS IS." EXCEPT AS SPECIFICALLY EXPRESSED HEREIN, OR IN THE MSA (IF APPLICABLE), BRIGHTEDGE MAKES NO OTHER WARRANTY WITH RESPECT TO THE AUTOPILOT CONVERT SERVICES OR PRODUCTS, ANY CUSTOM CODE OR ANY OTHER CONFIDENTIAL INFORMATION, AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HERBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. EXCEPT AS OTHERWISE PROVIDED HEREIN, BRIGHTEDGE MAKES NO WARRANTY THAT THE AUTOPILOT CONVERT SERVICES OR PRODUCTS WILL MEET CUSTOMER’S REQUIREMENTS OR NEEDS OR THAT THE AUTOPILOT CONVERT SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, OR BE FREE FROM SOFTWARE ERRORS OR BUGS, NOR DOES BRIGHTEDGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AUTOPILOT CONVERT SERVICES OR PRODUCTS OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE AUTOPILOT CONVERT SERVICES OR THAT THE AUTOPILOT CONVERT SERVICES OR PRODUCTS WILL BE FREE OF DEFECTS, OR THAT SUCH DEFECTS WILL BE CORRECTED.</p>

<p>8. INDEMNIFICATION. Customer agrees to defend, indemnify and hold harmless BrightEdge, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys' fees) arising from: (a) claims that Customer has violated any third party right, including any copyright, property, or rights relating to personally identifiable information or data privacy, resulting from Customer Content and/or Customer’s use of the Autopilot Convert Services or ProductS; and/or (b) any other type of claim that Customer Content caused damage to a third party.</p>

<p>9. LIMITATION OF LIABILITY. IN NO EVENT WILL BRIGHTEDGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING FROM, CONNECTED WITH, OR RELATED TO THESE AUTOPILOT CONVERT TERMS, WHETHER SUCH LIABILITY IS FORESEEABLE, EVEN IF BRIGHTEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER THE DAMAGES ARISE FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT OR OTHERWISE. BRIGHTEDGE’S MAXIMUM LIABILITY, IN AGGREGATE, FOR ALL CLAIMS RELATING TO THESE AUTOPILOT CONVERT TERMS, SHALL NOT EXCEED AMOUNTS PAID BY CUSTOMER TO BRIGHTEDGE IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIMS. THE LIMITATIONS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE AUTOPILOT CONVERT TERMS (OR THE MSA IF APPLICABLE) IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.</p>

<p>10. PERSONAL INFORMATION. Customer acknowledges and agrees, when Customer or Customer’s End Users access the Autopilot Convert Services or use the Product(s), BrightEdge may collect information about Customer and its End Users, including names, contact information, e-mail, user names, passwords, as well as concerning the use and/or any and all pages on Customer’s website in order to provide and improve the Autopilot Convert Services, Products and affiliated services. Customer agrees and consents to the collection and use of such information and undertakes all responsibility for obtaining appropriate consents from its End Users, and shall disclose such uses in Customer’s privacy policy, which will at all times comply with applicable laws, including personal and data privacy regulations.</p>

<p>11. FEES AND BILLING. By using the Autopilot Convert Services, Customer expressly authorizes BrightEdge to charge the subscription fees and any other charges incurred in connection with Customer’s use of the Autopilot Convert Services and Products. Unless indicated in a separate signed agreement, all payments are made by credit card. When a subscription automatically renews, Customer authorizes BrightEdge to charge the thencurrent fees for the applicable subscription via credit card or other stored payment method. Customer must cancel applicable subscriptions before renewal in order to avoid charging the next period's subscription fees. If Customer elects to upgrade the service level or otherwise add any paid component or feature, prorated fees will be charged based on the number of days remaining in the billing cycle.<br />
Downgrading the service level may cause loss of content and/or features. BrightEdge does not accept any liability for such loss. Customer may cancel a subscription to the Autopilot Convert Services at any time, and cancellation will be effective immediately. Except and to the extent required by applicable law BRIGHTEDGE DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR ANY PRODUCT, FEATURE, OR COMPONENT ORDERED BUT NOT USED.&nbsp;<br />
Subscription fees do not include any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including valueadded, use or withholding taxes (collectively, "Taxes"). Customer is responsible for paying all Taxes, excluding taxes based on BrightEdge’s net income or property.</p>

<p>12. MODIFICATIONS. BrightEdge reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Autopilot Convert Services or Products (or any part thereof) with or without notice. BrightEdge shall not be liable to&nbsp; Customer or to any third party for any modification, suspension or discontinuance of the Autopilot Convert Services or Products.</p>

<p>13. TERMINATION. BrightEdge may without prior notice immediately terminate Customer accounts and access to the Autopilot Convert Services. Such termination may be made in BrightEdge’s sole and absolute discretion with or without cause. For illustrative purposes only, the situations in which BrightEdge might terminate your account and access to the Autopilot Convert Services shall include, but not be limited to: (a) breaches or violations of these Autopilot Convert Terms or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by Customer (self-initiated account deletions); (d) discontinuance or material modification to the Autopilot Convert Services (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) fraudulent or illegal activities of Customer or any End User; and/or (h) nonpayment of any fees owed by Customer in connection with a subscription. BrightEdge shall not be liable to Customer or any third party for any termination of Customer’s account, or access to the Autopilot Convert Services.</p>

<p>14. COPYRIGHT POLICY. If you believe that anything displayed within the Autopilot Convert Services infringes any copyright that you own or control, you may notify our DMCA Designated Agent as follows:</p>

<p>Designated Agent: William Krueger<br />
Address: 989 East Hillsdale Blvd., Suite 300, Foster City, CA 94404 USA<br />
Email: <a href="mailto:legal@brightedge.com">legal@brightedge.com</a><br />
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.</p>

<p>15. MISCELLANEOUS. BrightEdge and Customer are independent contractors and not partners or otherwise affiliated and neither has any right or authority to bind the other in any way. These Autopilot Convert Terms (and the MSA if applicable) constitutes the entire agreement between BrightEdge and Customer concerning the subject matter hereof and may only be modified by a written amendment signed by the parties. Except to the extent applicable law provides otherwise, these Autopilot Convert Terms are governed by the laws of the state of California, excluding its conflict of law provisions, and the exclusive venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. If any part of these Autopilot Convert Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and all other terms shall remain in full force and effect. A waiver by either party of any term or condition or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Neither party may assign this agreement without the other party’s written consent; provided that, either party may assign this agreement, without consent, to an acquirer of all or substantially all of its business or assets. If such assignment is to a competitor of the non-assigning party, the non-assigning party may terminate this agreement upon written notice. These Autopilot Convert Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns</p>

<p>BrightEdge reserves the right to modify these Autopilot Convert Terms at any time to take into account changes in products or product capabilities.</p>

<p>Version 2021-09</p>

<h1>BRIGHTEDGE PRIVACY TERMS for AUTOPILOT CONVERT</h1>

<h1>Effective September 2021</h1>

<p>These Privacy Terms (the “Privacy Terms”) supplement and form part of our standard Privacy Policy and provide additional information relating to your use of Autopilot Convert products and services (“Autopilot Convert”).</p>

<p><strong>1. What These Privacy Terms Cover</strong></p>

<p>These Privacy Terms cover how BrightEdge Technologies, Inc. (“BrightEdge,” “we,” “us,” or “our”), treats information collected in connection with your use of Autopilot Convert.</p>

<p>By using or accessing Autopilot Convert, you are accepting these Privacy Terms, along with our standard Privacy Policy, and you consent to our collection and use of your information as described in these Privacy Terms, including that your information may be transferred to, and stored and processed in, the United States. Please refer to your individual agreement with BrightEdge to check for any specific information privacy terms that may also apply to the information we collect or you provide to us by using Autopilot Convert.</p>

<p>These Privacy Terms also apply to personal data from the European Union and from Switzerland that is collected, used, retained, and processed by BrightEdge in the United States. References to “applicable law” include without limitation, when applicable, the EU General Data Protection Regulation 2016/679 (“GDPR”) and the California Consumer Privacy Act (“CCPA”).</p>

<p><strong>2. Types/Categories of Information We Collect</strong></p>

<p>In addition to the information we collect under our standard Privacy Policy, we may collect the following types of information in connection with your use of Autopilot Convert:</p>

<ul>
<li>The usernames, first and last names, email and/or postal addresses, telephone numbers or other information that, alone or in combination can be used to identify your users and your customers (“Personal Information”);</li>
<li>Usage, viewing and technical data automatically collected from the computer or device through cookies and other technologies of your users and customers, including device identifiers or IP addresses, browser types, internet service providers (ISP), referring/exit pages, operating systems, date/time stamps, and clickstream data;</li>
<li>Comments or other information your users and customers provide through Autopilot Convert;</li>
<li>Location information from computers or devices interacting with Autopilot Convert. Location information is only used for security, monitoring, and troubleshooting purposes (most devices allow turning off location services);</li>
<li>Information you collect from your users and customers, which, depending on your settings, may include sensitive Personal Information (such as information related to racial or ethnic origin, religion or other beliefs, personal health information (“PHI”), financial information, and information about minor individuals); and</li>
<li>Information we collect when your users or customers interact with Autopilot Convert or on third-party sites or platforms, such as social networking sites. This may include information such as “Likes”, profile information gathered from social networking sites or the fact that your users or customers viewed or interacted with our content.</li>
</ul>

<p>With respect to Personal Information you provide us, you are the “Controller”, and we are the “Processor”, as such terms are defined in the GDPR (regardless of whether the GDPR applies).</p>

<p><strong>3. How We Collect Information</strong></p>

<p>We and our third-party service providers who support Autopilot Convert, may collect information about you, your users and customers in the following ways:</p>

<ul>
<li>When you or your users provide information directly to us by requesting products, services, or information from us, filling out a web form, or otherwise interacting with us;</li>
<li>Automatically through technology such as cookies, Flash cookies, HTML5 local storage, pixel tags, web beacons, clear gifs, or other tracking/recording tools, including when your users or customers use Autopilot Convert features or services, interact with ads or other content within Autopilot Convert or on third-party sites or platforms. By using Autopilot Convert or interacting with our content on third-party sites, you agree that we and our service providers may set cookies on the applicable computer or device and use other tracking technologies described above.</li>
</ul>

<p><strong>4. Basis for Our Data Processing</strong></p>

<p>BrightEdge processes Personal Information based on the necessity of such information for providing Autopilot Convert and for exercising and complying with our own legal rights and obligations in accordance with applicable law. We also need to process Personal Information in order to pursue legitimate business interests related to providing Autopilot Convert, but only when the processing is relevant, adequate, and limited to what is necessary and in a way that doesn’t unfairly impact the rights and freedoms of your users and customers. If you do not consent to the processing of Personal Information, please do not use Autopilot Convert. If any of your individual users or customers do not consent to the processing of Personal Information, you must not share those individual’s Personal Information with us or allow those individuals to use Autopilot Convert.</p>

<p>When you expressly consent to the processing of Personal Information, you may revoke your consent at any time by contacting us through the applicable Autopilot Convert features or directly using the contact information provided below. Some Personal Information may still be processed on the other legal bases provided above.</p>

<p>You represent and warrant that all Personal Information you provide us in connection with Autopilot Convert is collected by you in compliance with all applicable law, and that you have all necessary approvals and authorization from the individuals to whom the Personal Information relates, including a valid legal basis for sharing such information with us and authorizing our collection and processing of such information.</p>

<p>We have no obligation to monitor the compliance of your use of Autopilot Convert with applicable law, though we will inform you if, in our opinion, an instruction from you infringes applicable law.</p>

<p>Your configuration of any settings or options within Autopilot Convert (as you may be able to modify from time to time), constitute your complete and final instructions to us regarding the processing of sensitive Personal Information you provide us through Autopilot Convert.</p>

<p><strong>5. How We Use and Process the Information We Collect</strong></p>

<p>We use and process Personal Information in the following ways:</p>

<ul>
<li>To help you better understand your customers and provide ability to personalize the outreach.</li>
<li>To provide, maintain and improve our products and services, including to operate certain features and functionality of Autopilot Convert;</li>
<li>To diagnose or fix technology problems;</li>
<li>To control unauthorized use or abuse of Autopilot Convert, or otherwise detect, investigate or prevent activities that may violate our policies or be illegal;</li>
<li>To analyze trends, administer or optimize Autopilot Convert, monitor usage or traffic patterns and gather demographic information about our user base;</li>
<li>To enhance the experience using Autopilot Convert;</li>
<li>To allow us to better respond to customer service needs and requests;</li>
<li>To communicate directly with you and your users and customers, including sending newsletters, promotions and special offers or information about new products and services. Opt-out options for promotional communications are described in “<a href="#Controls and Choices">Controls and Choices</a>” below; and</li>
<li>In the manner described to you at the time of collection or as otherwise described in these Privacy Terms or as authorized or required by applicable laws.<a id="Sharing Info w 3rd Parties" name="Sharing Info w 3rd Parties"></a></li>
</ul>

<p><strong>6. Sharing Personal Information with Third Parties</strong></p>

<p>BrightEdge may share information, including Personal Information, in the following circumstances:</p>

<ul>
<li>With third-party service providers to permit such parties to provide services that help us with our business activities, which may include assisting us with email, marketing, advertising our product/service offerings, fulfillment of orders, or providing, maintaining and improving the features and functionality of Autopilot Convert. For example, we may provide Personal Information to our service providers for powering email features within Autopilot Convert. We take reasonable steps to require that&nbsp; these third parties agree to process such information in accordance with our instructions and appropriate security protections. In addition, these third parties are authorized to use Personal Information only as necessary to provide services to us or as required by law. Acceptance of these Privacy Terms and use of Autopilot Convert is your consent to the data processing by our service providers.</li>
<li>With our parent companies, subsidiaries and affiliates for the same uses and purposes as noted in these Privacy Terms;</li>
<li>When we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary (a) to satisfy any applicable law, regulation, legal process or enforceable governmental request, including lawful requests by public authorities, for example to meet national security or law enforcement requirements, (b) to enforce our <a href="https://www.brightedge.com/legal&quot; target="_blank">Terms of Use</a> or other applicable policies or agreements governing use of Autopilot Convert, including investigation of potential violations thereof, or (c) to protect against imminent harm to the rights, property or safety of BrightEdge, its users or the public as required or permitted by law;</li>
<li>With third parties (including our service providers and government entities) to detect, prevent, or otherwise address fraud, security or technical issues; and</li>
<li>As we continue to develop our business, we may also sell all or part of our business. In such transactions, Personal Information collected by us is generally one of the business assets that will be transferred.</li>
</ul>

<p>We may also share aggregated information related to Autopilot Convert with third parties for other purposes. Such information does not identify any you, your users or your customers individually, but may include usage, viewing and technical information we collected through our technology. If we are required under applicable law to treat such information as Personal Information, then we will only disclose it as described above. Otherwise we may disclose aggregated, non-identifiable information for any reason.</p>

<p><strong>7. International Data Transfer</strong></p>

<p>By using Autopilot Convert or otherwise providing Personal Information to us, you are consenting to have such Personal Information transferred to and processed in the United States or any other country in which BrightEdge or its parents, subsidiaries, affiliates and service providers maintain facilities. You will comply with all applicable laws relevant to use of Autopilot Convert, including by obtaining any consents and providing any notices required under applicable laws for us to provide Autopilot Connect. You will ensure that you are entitled to transfer the Personal Information to&nbsp; us so that we and our service providers may lawfully process the Personal Information in accordance with these Privacy Terms.</p>

<p>Subject to applicable laws, we make sure that necessary safeguards are in place to protect Personal Information, regardless of location, by ensuring appropriate technical, organizational and administrative security measures, and by entering into necessary legal contracts to fulfill these requirements. For example, we transfer European users’ personal data outside the European Economic Area only if a European Commission approved method of validating the transfer is in place between you and us.<a id="Controls and Choices" name="Controls and Choices"></a></p>

<p><strong>8. Your Controls and Choices</strong></p>

<p><u>Opt-Outs.</u> We may provide you with the opportunity to “opt-out” of (a) disclosing Personal Information to third parties, except to a third party that is acting as a data processor to perform tasks on our behalf and under our instructions as described in “<a href="#Sharing Info w 3rd Parties">Sharing Your Information with Third Parties</a>” above; (b) using Personal Information for a purpose that is materially different from the purpose for which it was originally collected or that you authorized. If you decide to opt-out, we may not be able to provide certain Autopilot Convert features to you.</p>

<p><u>Communication Preferences. </u>You may opt-out of receiving certain types of promotional communications by following the instructions included in such communications. Please note, however, that even if you opt-out of promotional communications, we may still send you certain service-related communications.</p>

<p><u>Blocking Cookies.</u> You can remove or block certain cookies using the settings in your browser but Autopilot Convert may cease to function properly if you do so.</p>

<p><strong>9. Personal Information Rights</strong></p>

<p>You and your users and customers have the right to:</p>

<ul>
<li>Know what Personal Information BrightEdge has about you/them;</li>
<li>Ensure the Personal Information is accurate and relevant for the purposes for which BrightEdge collected it;</li>
<li>Make the Personal Information portable to another data controller;</li>
<li>Withdraw consent to BrightEdge processing the Personal Information; and</li>
<li>Have the Personal Information erased.</li>
</ul>

<p>If you would like to review, correct, receive a copy of, or erase the Personal Information we have about you or withdraw your processing consent, please send us your request using the “<a href="#Contact Info">Contact Information</a>” below. Unless a legal exemption applies, we will respond to all such requests within thirty (30) days. If we refuse your request, we will notify you of our reasons for the refusal to the extent required and how you may complain about the refusal.</p>

<p>We will assist with your obligation to respond to individuals’ requests to access, correct, delete or exercise any other right related to their data available under applicable law. We will notify you about requests from individuals regarding their Personal Information to the extent permissible by law. We may decline to process requests that are unreasonably repetitive and vexatious, require disproportionate technical effort (for instance, requests concerning information residing on backup tapes), jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required.</p>

<p><strong>10. Data Retention, Storage, and Security</strong></p>

<p>We hold your and your users’ and customers’ Personal Information in a combination of hard copy and electronic files for the period necessary to support Autopilot Convert and our other services, comply with our legal obligations, resolve disputes, or otherwise fulfill the purposes outlined in these Privacy Terms. Even after you cancel your subscription, copies of information may remain viewable in some circumstances. We may also retain backup information related to your account on our servers for some time after cancelation for fraud detection or to comply with applicable law or our internal security policies. We do not always remove or delete all of your non-personally identifiable account information for a number of reasons including due to technical and systems constraints, contractual, financial or legal requirements.</p>

<p><strong>11. Indemnification</strong></p>

<p>You agree to indemnify and defend any claim, suit or governmental action brought against us or our affiliates by a third party arising from: (i) your instructions to us for processing Personal Information, (ii) our compliance with your instructions, (iii) your failure to use Autopilot Convert in accordance with the documentation and applicable law, (iv) your failure to use a security or data protection option that we provide, (v) your sharing of Personal Information with us without valid authorization of the individuals to whom such information relates, (vi) your use of Autopilot Convert in a manner that infringes the rights of any third party, or (vii) a breach of your representations and warranties in these Privacy Terms; (each a “Claim”). You agree to pay all costs and damages (including reasonable attorneys’ fees) attributable to a Claim.</p>

<p><strong>12. Third Party Sites</strong></p>

<p>Autopilot Convert may also contain links to third party websites. These Privacy Terms apply solely to information collected by BrightEdge. Even if the third party is affiliated with us through a business partnership or otherwise, we are not responsible for the privacy practices of other websites.</p>

<p>If you submit Personal Information to any third party site, the information is governed by that site’s privacy policy.</p>

<p><strong>13. Terms of Use, Notices, and Revisions</strong></p>

<p>We reserve the right to revise, modify, or update these Privacy Terms at any time. We encourage you to refer to these Privacy Terms and the general Privacy Policy on an ongoing basis so that you understand our current privacy practices.<a id="Contact Info" name="Contact Info"></a></p>

<p><strong>14. Contact Information</strong></p>

<p>Our Privacy &amp; Data Protection Officer is available to our customers, business partners, vendors or others who may have questions concerning these Privacy Terms or BrightEdge’s data practices. If you have questions or suggestions about these Privacy Terms, or to make any request described above, please feel free to contact us at <a href="https://dsrportal-cdn.bc0a.com/consumer?customerid=f00000000036389&quot; target="_blank">privacy inquiries</a> or by email/mail/fax directed to:</p>

<p>Privacy &amp; Data Protection Officer<br />
BrightEdge Technologies, Inc.<br />
989 East Hillsdale Boulevard, Suite 300<br />
Foster City, California 94404 USA</p>

<p><br />
Email: <a href="mailto:privacy@brightedge.com">privacy@brightedge.com</a><br />
Fax: (650) 763-3894</p>

<p><u>EU – GDPR Contacts:</u><br />
BrightEdge Technologies Limited<br />
Company Number 08858492<br />
1st Floor, The Cursitor Building<br />
38 Chancery Lane<br />
London WC2A 1LF<br />
Attention: EU Data Representative</p>