Privacy Policy

1. Who does this Privacy Policy apply to?

This policy describes how Pachama Inc. and its affiliates ('Pachama' or 'we' or 'us') collect, use, and protect your personal data when you use our Platform or Services, or install, use or download any Content associated with the Platform and Services.

• Platform: our website (pachama.com) and any subdomain or API, URL, media form or application, surveys, media channel, mobile website or application, online-based system, and application or software infrastructure used or made available by Pachama.
• Services: any paid or free product, application or service provided to you by Pachama.
• Content: information, materials and data made available in our Platform or as part of our Services, including any deliverables, work products, templates, models, outputs and supporting materials derived, generated or created in connection with our Services.

By doing so, you accept the practices in this Privacy Policy and you consent to the ways we collect, use and share information linked to your person or provided by you. If you do not wish to agree to these practices, you should not use the Platform or Services.

Your use of our Platform and Services is also subject to our Terms of Service.

2. Data We Collect From You

In connection with your use of the Platform and Services, we may receive, collect, process, store, access, and disclose various types of information related to you, as well as information you provide us about others.

We receive data from you when you create, update, and/or maintain an account on our Platform, enter into an order form or agreement for our Services, contact us (whether by email, telephone, through the Contact Us section of our Platform, written correspondence, web-based forms, or otherwise), request support, interact with our social media accounts, or otherwise communicate with us through our employees, contractors and agents. Sometimes data about you can also be collected automatically.

Some of that information may be Personal Information, meaning data associated with an identified or identifiable natural person and protected as personal information (or substantially equivalent terms) under applicable data protection laws. Personal Information we collect typically includes:

• Your name.
• Your email address(es).
• The name of the legal entity you represent, if applicable.
• Your professional title and role.
• Your device's unique identifier.
• Your user name.
• Your password.
• Financial information (such as your credit/debit card details, address, date of birth, etc.), often collected by our payment processors.
• Any other information that you post, upload, store, display, transmit, or submit through or in connection with using the Platform and Services or that you otherwise elect to share or provide us access to, including Personal Information that may identify you individually.

We can also collect and store information related to your use of the Platform and Services that is not Personal Information, such as:

• Location. Certain Third Party Integrations may request permission to and track location-based information from your mobile device, either continuously or while you are using the Platform and Services, to provide location-based services, and we may receive this information. If you wish to change access or permissions, you may do so in your device's settings.
• Log Data. Our servers may automatically collect data when you access or use the Platform and Services and record it in log files. This may include your IP address, Internet service provider, geographic location, browser type and settings, information about browser plugins, language preference, default email application, referring/exit websites, operating system, date and time stamp, cookie data, and certain user activities.
• Technical Data. We may collect information about devices accessing the Platform and Services, including the type of device, device settings, operating system, application software, peripherals, unique device identifiers, phone number, country, location, and any other data you choose to provide. Pachama does not intentionally relate this to any individual user.
• Cookie Information. The Platform may use cookies and similar tracking technologies of third parties, which may collect information about your usage. If you do not wish to have cookies placed on your computer or in local storage, adjust your browser settings. Restricting cookies may affect your ability to use the Platform and Services or some of its features.

We will treat information consistent with this Privacy Policy, but we are not responsible for the content of any information that you provide to us, whether it is Personal Information or not.

By using the Platform or Services, you take full responsibility for obtaining and you represent to us that you have obtained all necessary consents and permissions to provide such information to us.

3. Third Party Integrations

We may use or incorporate in our Platform or Services, at our discretion, third-party services, products, features, tools, applications, or APIs ('Third Party Integrations'). Information you provide to such third parties is subject to the notices, terms, conditions and policies of the provider. Once enabled, they may share certain data with Pachama or we may need to share certain data with them to enable integration, such as your name, user name, unique identifier, account profile, gender, age range, language, and geographic region.

Because we use social media plugins, if you visit our Platform while logged in to a social networking account, personally identifiable information about your browsing activities on this Site may be transferred to the third party who operates that account.

This Privacy Policy does not apply to data collected from you or provided by third parties through Third Party Integrations, which is subject to the practices and terms adopted by such third parties. You should review the terms, conditions and policies of such third parties before sharing any of your data with them.

For example, if and when you make payments of any kind to us, you may provide us (or our third party payment processors) additional Personal Information such as financial information. Such information is typically stored by our third party payment processors, although we can sometimes also access it and store it. We will inform you who the payment processor is prior to you making a payment, if that applies. We encourage you to review their terms and policies and to contact them directly if you have questions relating to how they collect information as it relates to such payments.

4. No Sensitive Personal Information

We generally do not intentionally collect, process, or store, and we request that you do not post, upload, store, display, transmit, or submit Sensitive Personal Information on or through the Platform and Services.

'Sensitive Personal Information' includes, but is not limited to, government-issued identification numbers; consumer reports; background checks; any code or password that could be used to gain access to personal accounts (other than your password to your Pachama account); genetic data or biometric data; any Personal Information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; or data concerning health or sex life or sexual orientation or similar information.

We are not responsible and will not be liable for any loss or damages you or any other person or entity may experience due to your unsolicited disclosure of Sensitive Personal Information.

5. No Children's Data

Do not provide us with any Personal Information of any person under 18 years of age. The Platform and Services are not directed to or intended for children, and we do not intentionally collect, process, or store any Personal Information from any person under 13 years of age and preferably from any person under 18 years of age. In the event we discover we have inadvertently collected, processed, or stored any Personal Information from any such persons without verifiable parental consent, we will promptly take the appropriate steps to delete such data.

6. How and Why We Use Data

We use the information collected from you, including Personal Information, to:

• Enable the Platform and Services. To make the Platform and Services available, including to evaluate projects and provide insights to users, manage user requests and interactions (login and authentication, settings, etc.), facilitate hosting and back-end infrastructure, analyze and monitor usage, and address performance, security, and technical issues.
• Develop, maintain and improve the Platform and Services. To test features and develop new ones, manage landing pages, heat mapping, traffic optimization, data analysis and research, including profiling and the use of machine learning and other techniques, sometimes using Third Party Integrations providers.
• Support Services. To respond to support requests and resolve problems with the Platform and Services.
• Communicate. To send service, technical, and administrative emails, messages, and other communications. Service-related communications are essential and you cannot opt out of these. Marketing communications are optional and include an unsubscribe mechanism or in-account preferences.
• Develop analytics. In connection with cookies and Third Party Integrations, to allow tracking technologies and remarketing services through the use of first-party and third-party cookies, to analyze and track users' use and better understand online activity. By accessing the Platform or Services, you consent to this collection and use.
• Manage accounts. To contact you in connection with account management, feedback, and other administrative matters related to your account, the Platform and the Services.
• Manage security. To help prevent and investigate security issues and abuse.
• Comply with laws. To comply with legal obligations as required by applicable law, legal process, or regulations.
• Other uses. Specific use cases may be regulated under our Terms of Service and Additional Terms.

7. How We Share and Disclose Data

We will not sell or rent Personal Information without your prior authorization nor disclose Personal Information in a manner inconsistent with this Privacy Policy except if required by law, regulations, or governmental body or authority. We cooperate with law enforcement inquiries and other third parties to enforce applicable laws, such as intellectual property, data privacy and anti-fraud laws.

WE CAN (AND YOU AUTHORIZE US TO) DISCLOSE ANY INFORMATION ABOUT YOU TO LAW ENFORCEMENT, OTHER GOVERNMENT BODIES AND OFFICIALS OR ANY OTHER THIRD PARTY THAT WE, AT OUR SOLE DISCRETION, BELIEVE NECESSARY OR APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL PROPERTY VIOLATION OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE US, OR YOU, TO LIABILITY.

Subject to the above, we may share or disclose information about you as follows:

• With your consent. When we have your express consent to do so.
• By law or to protect rights. If we reasonably believe the release of information is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others. This includes exchanging information with other entities for fraud protection and credit risk reduction.
• Rendering the Services. Our employees, contractors and agents may have access to your Personal Information on a need to know and confidential basis to manage and support the Platform or Services. If you direct us to use a third party in connection with the Services, providing your Personal Information to that third party may be necessary for the purposes you direct.
• Interactions with other users; postings. If you interact with other users of the Platform or Services, those users may see identifying information and descriptions of your activity that you make available to them. If you post comments, contributions or other content in any way connected to the Platform or Services, your posts may be viewed by other users and may be publicly distributed outside the Services, pursuant to the terms applicable to such particular Services.
• Affiliates. We may share your information with our affiliates, who will comply with this Privacy Policy. Affiliates include our parent company and subsidiaries (if any), companies with an ownership interest in Pachama, joint venture partners, or other companies that we control or that are under common control with us.
• Third Party Integrations. We may share your data, including Personal Information, with Third Party Integrations providers (for example, email services, platform hosting, cloud computing services, data storage and processing facilities) to the extent necessary to let them perform business functions and services for us or on our behalf in connection with the Platform or Services. We select reputable providers and request appropriate security measures, but we cannot guarantee their security will be adequate.
• Changes to Pachama's business. In connection with a merger, acquisition, bankruptcy, dissolution, reorganization, sale of assets or stock, financing, public offering, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (due diligence), subject to standard confidentiality obligations.
• Aggregated or de-identified data. If data is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use or disclose such data for any purpose.
• Enforcement of agreements. To ensure compliance with and enforce contractual or legal obligations.
• Protection of rights. To protect and defend our rights and property, including intellectual property rights, and to ensure compliance with applicable laws and enforce third party rights.
• Safety and security. To protect your safety and security; the safety, security and property of our users; and the safety, security, and property of Pachama and our employees, agents, representatives, and contractors.
• Other uses. Specific uses may be regulated under our Terms of Service and Additional Terms.

8. Retention

We may keep information you submit to us until you affirmatively change or delete such information. To dispose of Personal Information, we may anonymize it, delete it, or take other appropriate steps. Your data may persist in copies made for backup and business continuity purposes for additional time.

9. Security Measures

Pachama maintains physical, technical, and administrative procedures to protect the data we collect and to secure it from improper or unauthorized use. We work to protect data in our custody and control from loss, misuse, and unauthorized access, use, disclosure, modification, or destruction, and to use industry-standard security measures in light of reasonably available methods in relation to the risks and nature of the information we collect.

Please remember:

• You provide information to us, including your Personal Information, at your own risk.
• No data transmission over the Internet is guaranteed to be 100% secure, and we cannot guarantee that unauthorized access, hacking, data losses, or other breaches will never occur.
• You are responsible for protecting your account information related to the Services, including any applicable credentials, log-ins, passwords, etc., and for ensuring they are not used by others to access the Services.

10. International Data Transfers

If you are using the Platform or Services from a location outside of the United States of America, your connection will be through and to servers located in the U.S. Information you receive from the Platform will be created on servers located in the U.S., and information you provide will be maintained on web servers and systems located within the U.S. The data protection laws in the U.S. may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the U.S. according to laws applicable in the U.S. By using our Platform or Services or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the U.S. as set forth in this Privacy Policy.

Because Pachama works with global companies and technologies, we may transfer your Personal Information outside of the country in which it was originally provided. This may include transfers to third parties, such as developers, service providers or affiliated entities who are located outside the U.S., where data protection laws may not offer the same level of protection as those in the U.S. We take steps to protect your Personal Information, but we cannot guarantee that transfers to such locations will receive the same degree of safeguards as they would in the U.S.

11. Jurisdiction-Specific Notices

California Residents

We do not disclose your Personal Information to third parties for any third parties' direct marketing purposes. If you reside in California, you can prevent future disclosures for direct marketing purposes of your Personal Information, at no charge, by indicating to us your intent to opt out of such disclosures in a message addressed to the email address or physical mailing address provided under the Contact Us heading below.

Nevada Residents

Nevada residents may have the right under applicable law to opt out of the sale of their Personal Information that we have collected or will in the future collect. If you are a Nevada resident and wish to make such a request, please contact us at the contact information provided below in this Privacy Policy.

EU Residents

EU residents' data may be collected through marketing channels or by virtue of use of our Platform and Services by Users. If you are a resident of or located within the EU or European Economic Area or the United Kingdom, you have certain additional data protection rights under the GDPR and UK Data Protection Act 2018. These include, among others, the right to:

• Access, update or delete the information we have on you.
• Have your information rectified if inaccurate or incomplete.
• Object to our processing of your Personal Information.
• Request that we restrict the processing of your Personal Information.
• Be provided with a copy of the information we have on you.
• Withdraw your consent at any time, to the extent we are able to do so.
• Raise a concern about our use of information with your local supervisory authority.

If you are a resident of the EU or EEA or UK, you may initiate a request to enforce the rights above by contacting us. Such rights are not absolute, and we may be entitled to refuse requests where certain exceptions apply.

We may process your Personal Information to enter into or perform a contract with you; if you have authorized us to do so; if it is in your legitimate interest; or to comply with the law. We may disclose your Personal Information in the good faith belief that such action is necessary to comply with a legal obligation; to protect and defend our rights or property; to prevent or investigate possible wrongdoing; to protect the personal safety of users of the Platform or Services or the public; or to protect against legal liability. We may be required to disclose your Personal Information by law or in response to valid requests by public authorities (for example, a court or a government agency).

12. Enforcement

Pachama will adopt internal privacy and security practices to verify adherence to this Privacy Policy, including by our employees, contractors and agents. If we determine such persons or other third parties are in violation of this Privacy Policy or applicable data protection laws, we will apply disciplinary action up to and including termination of applicable services. Please contact us immediately if you believe there has been a violation of this nature.

13. Changes to this Privacy Policy

We may change, replace or update this policy at any time without prior notice by posting the changes on our website or notifying you through our Platform, at our discretion. Changes will become effective immediately upon posting or delivery of notification, as applicable. By continuing to use the Platform or Services, you agree to be bound to the changes we make to this Privacy Policy. If you disagree, your only remedy is to discontinue use of the Platform and Services and deactivate your account.

14. Contact Us

Please direct any questions, complaints, or requests with respect to your Personal Information and our privacy practices through the Contact Us section of our website.