EFFECTIVE DATE: 27 SEP 2022

Avian ApS (“Avian,” “we,” “our”) offers a tool for documenting and visualizing events, people, locations and objects online, including mobile applications (collectively, the “Service”), and website, including but not limited to www.timewebs.com (the “Website”). Avian ApS is a Danish entity located at Applebys Plads 7, 1411 Copenhagen, Denmark. If you have any questions about these User Terms of Service (the “Terms”), please email us at support@timewebs.com. The Service has three different types of users depending on the Avian products used:

• We call users of the Website “Site Visitors.”
• We call users who use the free version of the Service “Free Users.” While Free Users can access and use the Service, they have access to a more limited set of Service features and functionality than Subscribers.
• We call users who use the Service as part of a paid subscription plan (regardless of the subscription tier) “Subscribers.” The Service features and functionalities available to Subscribers are determined by the subscription tier and the specific terms agreed to between Avian and the organization (e.g., your employer or another entity or person, called the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (the “Customer Agreement”).

We refer to these three types of users collectively as “Users” or “you” for purposes of these Terms. Regardless of what type of User you are, these Terms create a legal agreement directly between you and Avian and explain the rules governing use of the Service and Website. By accessing or using the Service and Website, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Service and Website. We may, from time to time, modify these Terms. Please check this page periodically for updates. We will comply with applicable local legal obligations to provide you with notice of changes to these Terms. Your continued use of the Service and Website after any such update constitutes your acceptance of such changes.

1. ELIGIBILITY AND SCOPE

1.1 General. To use the Service and Website you must be, and represent and warrant that you are, at least 13 years of age and competent to agree to these Terms. If Avian has previously prohibited you from accessing or using the Service and Website, you are not permitted to access or use the Service and Website.

1.2 Location. These Terms are applicable to Users globally.

2. ACCOUNT REGISTRATION AND USE

2.1 Account Registration and Confidentiality.

To access the Service and Website, you must register which happens automatically when you authenticate yourself using one of the available authentication options. You agree to provide us accurate, complete, and current registration information about yourself when prompted. It is your responsibility to ensure that your account which you use to authenticate yourself remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user identity. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that Avian is entitled to rely on your instructions.

2.2 Unauthorized Account Use.

You are responsible for notifying us at support@timewebs.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Avian will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Avian or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, Avian reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

3. OUR PROPRIETARY RIGHTS

The Service and Website are owned and operated by Avian and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Avian and its partners, as well as other sources, and are protected by global copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Service and Website are also protected as a collective work or compilation under global copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Website. You acknowledge that the Service and Website have been developed, compiled, prepared, revised, selected, and arranged by Avian and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Avian and such others. You agree to notify Avian immediately upon becoming aware of any claim that the Service and Website infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. Any unauthorized use of any material contained on or through the Service and Website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

4. USER CONTENT AND FEEDBACK

4.1 User Content and Submissions on the Service.

The Service allows you to create data records and submit associated information, text, files, photos, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms:

4.1.1 Free User Content.

Free Users maintain ownership of the User Content that they submit to the Service (“Free User Content”). By submitting Free User Content, Free Users grant Avian a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that Free User Content, as permitted by Avian’s Privacy Policy, including if required to do so by law or in good faith to comply with legal process. We reserve the right to remove any Free User Content on the Service that violates these Terms or that is otherwise objectionable in Avian’s sole discretion.

4.1.2 Subscriber User Content on the Service.

Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the introduction to these Terms and the Customer Agreement, except with respect to Subscriber User Content submitted by students pursuant to a Customer Agreement with an educational institution (“Student Content”). Such Student Content is owned by the student and not the educational institution. Avian maintains a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Content is in violation of the Customer Agreement or these Terms; (iv) to comply with a valid legal subpoena, request, other lawful process, or as expressly permitted in writing by the Customer.

4.2 Feedback on the Website.

The Website may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Avian and share such Feedback with other users, or the public. By submitting Feedback through the Website, you grant Avian a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Avian marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

4.3 User Content and Feedback Representations.

You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Avian does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Website, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Avian for all claims resulting from User Content or Feedback you submit through the Service and/or Website. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

5. LICENSE AND ACCEPTABLE USE

5.1 Your License.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Website only for your own internal use (or, for Subscribers, uses authorized by the Customer), and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Website, including the Avian Privacy Policy and these Terms. Avian may revoke this license at any time, in its sole discretion.

5.2 Acceptable Use.

All Users must comply with the following rules regarding acceptable use of the Service and Website.

Disruption of the Service. You may not:

• access, tamper with, or use non-public areas of the Service and Website, Avian’s computer systems, or the technical delivery systems of Avian’s providers;
• probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
• access or search the Service and Website by any means other than Avian’s publicly supported interfaces (for example, “scraping”);
• attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
• interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Website, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Website.

Misuse of the Service and Website. You may not utilize the Service and Website to carry out, promote or support:

• any unlawful or fraudulent activities;
• the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
• activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
• the publishing or posting of other people’s private or personal information without their express authorization and permission;
• the sending of unsolicited communications, promotions advertisements, or spam;
• the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
• the promotion or advertisement of products or services other than your own without appropriate authorization.

User Content Standards Within the Service and Website. You may not post any User Content on the Service or Website that:

• violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
• is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including select organizations that deal with such crime prevention), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
• contains any personal information of minors;
• contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without Avian’s prior written consent granted as part of a Customer Agreement;
• contains viruses, bots, worms, or similar harmful materials; or
• contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.

Violations of this Section 5. In addition to any other remedies that may be available to us, Avian reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Website, upon notice and without liability for Avian should you fail to abide by the rules in this Section 5 or if, in Avian’s sole discretion, such action is necessary to prevent disruption of the Service or Website for other users. If you are a Subscriber, Avian reserves the right to notify the Customer’s Account Administrator(s) or other Customer representative(s) of any violations of these Terms.

6. PRIVACY

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.

7. LIMITATION OF LIABILITY

If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was an order that was accepted. We also only provide the Service and Website for your internal use. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity based on your use of or reliance on the Service and Website. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Service and Website.

The information presented on or through the Service and Website is made available solely for general information purposes. We do not confirm the accuracy, completeness or usefulness of this information. Any reliance that you place on such information is strictly at your own risk.

8. VIRUSES

You understand that we cannot and do not guarantee that files available for downloading from the Internet or our Service or Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service and Website for any reconstruction of any lost data.

9. THIRD-PARTY LINKS AND SERVICE AND WEBSITE

The Service and Website may provide (1) information and content provided by third parties; (2) links to third-party website or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Avian is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these website or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Avian shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

10. MODIFICATION

Avian reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and Website (or any part thereof), with or without notice. You agree that Avian shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and Website.

11. APPLICABLE LAW

Please note that these Terms, and their subject matter and formation, are governed by the laws of Denmark. However, if you are a consumer and resident of any other European country you will benefit from, and if you are a consumer and resident of any country in U.S., APAC or the UAE you may benefit from, any mandatory provisions of, and legal rights available to you under, the laws of that country.

You can contact Avian at support@timewebs.com if you have any complaints or disputes about the Services. You and Avian shall use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or other form of complaint. If we do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is pursued, to the extent permitted by applicable law, all controversies, disputes, demands, counts, claims or causes of action between you and Avian arising out of, under, or related to the Services shall be submitted to the exclusive jurisdiction of the courts of Denmark.

12. GENERAL TERMS

12.1. No waiver.

If we fail to insist that you perform any obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.

12.2. Severability.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

12.3. Miscellaneous.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

12.4 Notices.

We may deliver notice to you by e-mail, posting a notice on the Service and Website or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: (1) Avian ApS, Applebys Plads 7, 1411 Copenhagen, Denmark; or (2) support@timewebs.com.

Service Privacy Statement

As you use and interact with the Service we process information from and about you in order to provide access to our tools, an enhanced experience, and support. That means that we collect, use, transmit, store, share, and erase your information.

This Privacy Statement describes how we process your information and explains the choices available to you with respect to your information.

If you have any questions or concerns about how Avian processes your information or about this Privacy Statement, you can email us any time at support@timewebs.com.

Our Relationship With You

Avian is the processor/service provider (a provider that processes personal data on behalf of or at the direction of a controller, or other similar designation under the law), and User (usually a person, company or organization) is the controller/business (the entity that decides how and why information is processed) of the information provided to Avian via use of the Service.

For example, if you create an account with

• your corporate email address, your company is the controller of that information.
• a free email domain (like gmail.com) or personal email account, you are the controller.

The Service can be used by companies or by individual users:

If you’re using the Service through your company, educational institution, or with your company email address, your company or educational institution’s own administrator is responsible for the accounts associated with that company or institution and can: restrict, suspend, or terminate your access to or ability to use the services, access information about you, access or retain information stored with us (including your workspace content and log data about your use of the Service), and restrict your ability to edit, restrict, modify, or delete information associated with your use of our products and services.

Information We Process

We process information we receive directly from you, automatically collected when you use the Service or visit one of our websites, and collected by Us from third parties. However, please note that this Privacy Statement does not apply to the processing of your information by third-parties through your use of any third-party integrations available via our Service. Please visit those third-party websites directly for more information on their privacy and data protection practices.

Information We Receive Directly From You

Information needed to create an account

This includes information that is needed for Us to create an account for you and manage your ability to log in and out of the Service:

• Identifiers, such as first and last name and email address
• Information related to a third-party authentication identity provider.

If you upgrade your account to a paid account, We may collect:

• Billing information, such as name, address, and telephone number
• Financial information, such as credit card information collected by our payment processors on our behalf
• Information about your chosen plan

Information you provide to us through your use of the Service

• Information you provide in cases, events, identities, and entities
• Information you upload to the Service
• Profile photo and other information you choose to include to describe yourself, only collected if you do choose to provide it, such as your gender pronouns
• Professional or employment information, such as your title or role at your company
• Any other information you choose to provide while using the Service that identifies or can be reasonably associated with you
• Information about your contacts, if you choose to provide it

Other information you may provide to us when you interact with the Service in other ways

You may voluntarily provide us with information when you interact with us in other ways, such as when you directly interact with our staff, such as our sales, user research, or user operations groups. we may process:

• Your requests, questions, and responses to us via forms or email
• Information you provide in connection with sweepstakes, contests, or research studies, if you choose to participate
• Information to verify your identity
• Your date of birth
• Your audio and video, if you participate in a sales call or user research study and do not opt out of call recording, which also involves the collection of biometric information associated with the call recordings

Information automatically processed when you visit our websites or use our mobile or desktop app

Information related to your use of the Service and our websites

We may also collect the following:

• Metadata and inference information related to your use of the Service, our websites, and third-party integrations to better understand the way you work in the Service. We may log every actions you take as you use the Service.
• Internet network activity, cookies, and similar tracking technologies, including data our servers automatically record, such as your web request, IP address, browser type and settings, referring/exit pages and URLs, number of clicks, date and time stamp information, language preferences, and other such information. We may collect information via cookies, including information about advertising and analytics, and how we use it. To manage your cookie settings, you can adjust them in our cookie preference center page.
• Information collected as a result of participation in beta testing
• Information about how you interact with our websites, such as where you click, how long you visit a page, your scrolling, mouse hovers, and other data to help us better understand your experience and provide you with the best user experience
• Device information and activity when you use the Service via a mobile device, such as the type of device you are using, device IDs, operating system version, and mobile network information, which may include your mobile phone number.
• Derived device geolocation information, such as approximate geographic location inferred from an IP address

Information We Receive from Other Sources

Sometimes we receive your information from third-parties (other individuals, marketing services, third-party integrations), which may include:

• Information processed from third-party integrations you set up with the Service. For example a third-party integration may give us access to information stored in that third party that we will process to facilitate the integration
• Name, email, and business contact information
• Information about you provided to us from other individuals or users of the Service

How We Use Your Information

We use your information to operate our products and services, communicate with you, process transactions when you change plans, for security and fraud prevention, and to comply with the law. We may process your information to:

Provide services to you and operate our business

• Maintain, provide, and improve our products and services
• Help us better understand user interests and needs, and customize the Service for you
• Analyze and research how you interact with our websites and applications
• Protect us and you, for example:
  • Securing our systems and products against fraud or unauthorized activity
  • Identifying, troubleshooting, and fixing bugs and errors
  • Complying with global laws and regulations
• Investigate (in good faith) alleged violations of our User Terms of Service
• Comply with a valid legal subpoena, request, or other lawful process that we determine is necessary to respond to
• If you use the Service as part of an organization, company, or academic institution, we will process your personal information as required by our contract with your organization or academic institution. Those contractual terms may differ from, and take precedence over, the uses described in this Privacy Statement.

In addition, we use information about your use of the Service, account information (such as your email address and name), and information related to third-party integrations to:

• Communicate with you:
  • About the Service by phone, text, email, or chat
  • To share important notices and updates, product changes, and other necessary notices such as security and fraud alerts
  • To advertise or market our services to you. You have the ability to unsubscribe from promotional communications at any time
• Facilitate reporting and analyze performance of the our platform or features available in the Service
• Provide webinars or public presentations
• Demonstrate the service or provide you access to a demo instance
• Process your information at your direction
• Provide cross-device management of your account. For example, we may locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of our products and services. If you wish to opt out of Google’s ability to locate you across devices in this way, you may install the Google Analytics Opt-out Browser Add-on.

Provide you with support and get your feedback

• Respond to your requests for information
• Help identify and troubleshoot any issues with your account and answer your questions
• Resolve support requests
• Provide you with reports about usage
• Survey your opinions through surveys, research studies, and questionnaires

Combined Information

Unless otherwise prohibited by law, we may combine the information that we collect through your use of our products and services with information that we receive from other sources, both online and offline, and use that combined information as set out above.

Aggregated and De-identified data

We may aggregate and/or de-identify information related to your use of the Service (such as how many events or cases you created) so that such information can no longer be linked to you or your device. We may use such aggregated and de-identified data for any purpose, including but not limited to for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others.

Legal bases for processing. For more information about the legal bases we rely on to process your information, please refer to Other Important Information below.

How We Share Your Information

We need to share the information we collect about you to make our products and services run smoothly and to operate our business under the following conditions:

• Service Providers and Subprocessors. We may provide access to or share your information with select third parties that use the information on our behalf to assist in providing our services, website, and features. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, advertising, analytics, research, data storage, security, fraud prevention, and other services.
• Advertising and Marketing. We may provide information collected when you visit our websites (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites.
• Because you ask us to share. We may disclose your information to third parties when you ask us to do so. This includes when you connect the Service with other tools via our available integrations.
• Consistent with your settings within our products and services. Please note that the information you submit through and share in the Service may be viewable by other users of shared cases, depending on the specific settings you have selected and if an organization has been created for your domain.
• Affiliates and Subsidiaries. We may share the information we collect within the Avian family of companies to provide our services to you.
• Business Transfers. If the ownership of all or substantially all of our business changes, or all or some of our assets are sold as part of a bankruptcy or other proceeding, we may transfer your information to the new owner so that the services can continue to operate (charges may apply). In such case, your information would remain subject to the promises and commitments contained in this Privacy Statement until the acquiring party updates it. If such transfer is subject to additional mandatory restrictions under applicable laws or agreements, Avian will comply with those restrictions.
• Compliance with legal obligations. To comply with a valid legal subpoena, request, or other lawful process. We will notify individuals or customers of that request unless: we are prohibited from doing so by law or court order; or there are exceptional circumstances, such as an emergency involving the risk of bodily injury or death to a person or group of people or potential harm to minors.
• If you have one, your company’s own account administrator. If you’re using the Service in connection with an organization, academic institution, or company domain, your company’s own account administrator can export data associated with the domain they manage if they have a subscription plan that allows them to do so.
• Public Forums. Any information that you submit through our public forums is not confidential, and we may use it for any purpose (including in testimonials or other marketing materials). Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Such information can be read, collected and/or used by other users, and it could be used to send you unsolicited messages.

We use and share the categories of information we collect from and about you consistent with the various business purposes we discuss throughout this Privacy Statement. We do not share your information with third parties for their own direct marketing purposes. We do not sell your information as defined under applicable law.

Protection, Storage, Transfer & Retention of Your Information

Security

Avian takes considerable technical and organizational measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure, and so we cannot ensure or warrant the security of that information. We are constantly updating and improving our safeguards.

Storage

When you use the Service, some information about you (not User Content) will be stored in the United States.

Transfer of Your Information Out of EEA, UK, and Switzerland

When you use our products and services, information about you will be transferred to the United States but the majority of the Service’s data processing occurs in the EU. We may also transfer information that we collect about you to third party processors across borders from your country or jurisdiction to other countries or jurisdictions around the world as permitted under applicable law.

We use considerable technical and operational safeguards for cross-border transfers of personal data collected in the European Economic Area (EEA), United Kingdom, and Switzerland, as required by applicable local law, including the Standard Contractual Clauses.

We will take reasonable and appropriate steps necessary to ensure that any third party who is acting as a “data processor” under EU and Swiss terminology is processing the personal data we entrust to them in a manner that is consistent with applicable law. We are potentially liable in cases of onward transfer to third parties of data of EU and Swiss individuals received.

Data Retention

We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Statement, to make our products and services available to you, or as instructed by you, unless a longer retention period is required or permitted by law.

Other Important Information

Marketing Practices and Choices

If you receive email from us, we may use certain analytics tools, such as clear GIFs, to capture data, such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions, and special events that might appeal to your interests by contacting us. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails.

Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Statement or as required by applicable law. For example, you may not opt out of certain transactional, operational, or service-related emails, such as those reflecting our relationship or transactions with you.

Do-Not-Track

Do Not Track is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our websites for third party purposes, and that is why we provide the ability to opt out, if needed, and adjust your cookie preferences. We do not currently recognize or respond to browser-initiated DNT signals.

Legal Bases for Processing Your Information

Our legal basis under the General Data Protection Regulation (GDPR), a data protection and privacy regulation in the European Union, for collecting and using your information described above will depend on the particular type of information and the specific context in which we collect it. However, some examples of legal bases for processing that we rely on:

• Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the User Terms of Service which you accept by using our services or to fulfill the terms of a contract signed with companies)
• Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security, operate our products and services, prevent fraud, analyze use of and improve our products and services, and for similar purposes)
• Where use of your information is necessary to comply with a legal obligation
• Where we have your consent to process data in a certain way

Your Privacy Rights

Our users from around the world use our products to bring clarity to their work. Regardless of what country you’re located in, we respect your ability to know, access, correct, export, restrict the processing of, and delete your information, and have extended those rights globally. We will not discriminate against you for exercising your privacy rights.

Information About Your Rights

Upon your request, and subject to applicable legal exceptions, we will:

• provide access to and/or a copy of certain information we hold about you
• prevent the processing of your information for promotional purposes (including any direct marketing processing based on profiling)
• update information which is out of date or incorrect
• delete certain information which we have about you
• restrict the way that we process and disclose some of your information
• transfer your information to a third party provider of services
• revoke your consent for the processing of your information

California Rights

In addition to the rights and information listed above, California consumers and their authorized agents can request information about:

• The categories of information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your information; and the categories of third parties we share or disclose your information. For your convenience and so you don’t have to request it, we’ve included that information in this Privacy Statement.
• The financial incentives that we offer to you, if any.

We does not sell your data, as defined under applicable law, such as the California Consumer Privacy Act (CCPA).

Nevada Rights

Under Nevada law, certain Nevada consumers may opt out of the sale of information about you. We do not sell your data. However, if you are a Nevada resident you may submit a request to opt out of any potential future sales under Nevada law by contacting support@timewebs.com. Please note, if needed, we may take reasonable steps to verify your identity and the authenticity of the request.

Exercising Your Rights

We will need to verify your identity and may need to verify your relationship with Us (for example, if you’re an administrator of an Organization or Shared Case and you’re making a request on behalf of another individual) for security and to prevent fraud.

We may take additional steps to verify that you are authorized to make the request. If you are an end user of Our services and not a direct customer of ours (for example, your company uses the Service and you’re an employee or authorized representative of that company), you should direct requests relating to your information to the administrator of your company’s account. We will redirect you to your administrator or notify the administrator directly. To exercise your privacy rights, please make a request by emailing support@timewebs.com.

Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation.

Changes To Our Privacy Statement

We will update this Privacy Statement to make sure it accurately reflects our data collection and use practices, our amazing features, advances in technology, or as applicable laws require. We will comply with applicable legal requirements regarding providing you with notice and/or consent when we make such changes, depending on the type of change made. We also provide information about how our Privacy Statement has changed over time below.

Contact Us and Privacy Questions

To contact our Data Protection Officer, please email support@timewebs.com.