Privacy Policy

1Introduction, Scope and Status of this Policy

1.1Issuer

This Privacy Policy (this "Policy") is issued by Ferrix Labs Inc., a corporation incorporated in Canada ("Ferrix Labs", "we", "us" or "our"). It describes how Ferrix Labs collects, uses, discloses, transfers, retains and otherwise Processes Personal Information in connection with (a) the mobile software application known as "Sweep", in each and every version, edition, release and update made available from time to time (the "App"), (b) the website located at sweep.photos, together with its subdomains, pages and any successor domain (the "Website"), and (c) all features, functionality, content, communications, offers, subscriptions, purchases and services made available by or on behalf of Ferrix Labs through or in connection with the App or the Website (collectively with the App and the Website, the "Services").

1.2Scope

This Policy applies to the Processing of Personal Information of every individual who installs, accesses or uses the Services, wherever that individual is located, and to every version of the App, whether current or prior. This Policy does not apply to, and Ferrix Labs is not responsible for, (a) the Processing of Personal Information by the App Store Provider, by any Advertising Platform acting as an independent controller or third party, or by any other third party whose services, websites, applications or operating-system functions you access or use, whether or not through the Services, each of which Processes Personal Information under its own terms and privacy policies, (b) information that is generated, analyzed or stored solely on your Device and that is not transmitted to or made accessible to Ferrix Labs, which is described in Section 4 for transparency only, or (c) information that has been de-identified, anonymized or aggregated such that it no longer constitutes Personal Information.

1.3Status of this Policy

This Policy is a notice provided to satisfy the transparency and information obligations imposed on Ferrix Labs by Applicable Data Protection Law. It is not a contract and does not create, expand or confer any contractual right, remedy, warranty or obligation in favor of any person, except to the extent Applicable Data Protection Law expressly requires otherwise. This Policy should be read together with the Sweep Terms of Use available at sweep.photos/terms (the "Terms"). By downloading, installing, accessing or using any part of the Services, you acknowledge that you have read and understood this Policy. Where Applicable Data Protection Law requires your consent to a particular Processing activity, that consent is obtained in the manner described in this Policy and is not inferred merely from your acknowledgment of this Policy, except where Applicable Data Protection Law permits consent to be implied or deemed.

1.4No admission

Nothing in this Policy constitutes an admission that any particular law, regulation or regulatory regime applies to Ferrix Labs, to the Services or to any particular Processing activity, or that Ferrix Labs meets any threshold of applicability set out in any such law. Statements in this Policy concerning a law apply only to the extent that law applies to Ferrix Labs and to the Processing concerned.

2Definitions and Interpretation

2.1Definitions

In this Policy, the following capitalized terms have the meanings set out below. Other capitalized terms have the meanings given to them where they first appear.

• "Advertising Identifier" means the device-level advertising identifier that the operating system of your Device makes available to an application only where the Tracking Permission has been granted for that application.
• "Advertising Platforms" means third-party advertising networks, social media platforms, content platforms, self-attributing networks, search and marketplace advertising services, and other providers of advertising inventory, advertising technology or advertising measurement, on or through which Ferrix Labs advertises the App, or by which Ferrix Labs measures, attributes or optimizes such advertising.
• "Applicable Data Protection Law" means every law, regulation, binding code and binding regulatory guidance relating to privacy, data protection, electronic communications or the Processing of Personal Information that applies to Ferrix Labs and to the Processing concerned, which may include the GDPR, the UK GDPR, the UK Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 of the United Kingdom, the FADP, the US State Privacy Laws, PIPEDA, the Quebec Private Sector Act, the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais, Law No. 13,709/2018) (the "LGPD"), the Australian Privacy Act 1988 (Cth), the New Zealand Privacy Act 2020, and the laws implementing Directive 2002/58/EC in the European Economic Area, in each case as amended, replaced or supplemented from time to time.
• "App Store Provider" means the operator of the digital distribution platform through which you obtained the App, which is also the provider of the operating system of your Device, together with its affiliates.
• "Device" means the mobile telephone or other hardware on which you install, access or use the App, or by which you access the Website.
• "EEA" means the European Economic Area.
• "FADP" means the Swiss Federal Act on Data Protection of 25 September 2020 and its implementing ordinances.
• "GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council.
• "Media Content" means the photographs, videos, Live Photos, screenshots, screen recordings, bursts and other media items stored in, or accessible through, the photo library of your Device, together with the metadata and attributes associated with such items, including capture dates, location information, file sizes, formats, album membership, favorite status, captions and edits.
• "On-Device Data" has the meaning given in Section 4.2.
• "Personal Information" means any information relating to an identified or identifiable natural person, and any information that constitutes "personal data", "personal information", "personally identifiable information" or an equivalent term under Applicable Data Protection Law, but excludes information that has been de-identified, anonymized or aggregated in accordance with Applicable Data Protection Law.
• "PIPEDA" means the Personal Information Protection and Electronic Documents Act (Canada).
• "Privacy Officer" means the officer of Ferrix Labs designated under Section 3.2.
• "Process" and its derivatives mean any operation or set of operations performed on Personal Information, whether or not by automated means, including collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure and destruction.
• "Purchase" means any purchase, through the App Store Provider, of an auto-renewable subscription, a non-renewing or one-time purchase, a lifetime purchase, or any introductory, promotional, win-back or other offer relating to the Services.
• "Quebec Private Sector Act" means the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1), as amended, including by the Act to modernize legislative provisions as regards the protection of personal information (S.Q. 2021, c. 25).
• "Service Providers" means persons that Process Personal Information on behalf of Ferrix Labs and under its instructions, including persons that act as "processors", "service providers", "contractors" or equivalent roles under Applicable Data Protection Law.
• "Tracking" has the meaning given to it from time to time by the App Store Provider, and as at the Effective Date refers to the linking of user or device data collected from an application with user or device data collected from other companies' applications, websites or offline properties for targeted advertising or advertising measurement purposes, and the sharing of user or device data with data brokers.
• "Tracking Permission" means the permission request presented by the operating system of your Device through which you may permit or refuse Tracking by the App and access by the App to the Advertising Identifier, together with the corresponding controls in the settings of your Device.
• "UK GDPR" means the GDPR as it forms part of the law of the United Kingdom by virtue of the European Union (Withdrawal) Act 2018, as amended.
• "US State Privacy Laws" means the privacy laws of the states of the United States that grant rights to consumers in respect of their Personal Information, which may include the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 and its implementing regulations (together, the "CCPA"), the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, the Texas Data Privacy and Security Act, the Oregon Consumer Privacy Act, the Montana Consumer Data Privacy Act, the Iowa Consumer Data Protection Act, the Delaware Personal Data Privacy Act, the Nebraska Data Privacy Act, the New Hampshire Privacy Act, the New Jersey Data Privacy Act, the Tennessee Information Protection Act, the Minnesota Consumer Data Privacy Act, the Maryland Online Data Privacy Act, the Indiana Consumer Data Protection Act, the Kentucky Consumer Data Protection Act, the Rhode Island Data Transparency and Privacy Protection Act, chapter 603A of the Nevada Revised Statutes, and any similar law enacted from time to time.

2.2Interpretation

In this Policy, (a) "including", "include" and "for example" are illustrative and mean "including without limitation", (b) "or" is not exclusive, (c) the singular includes the plural and the reverse, (d) headings are for convenience only and do not affect interpretation, (e) a reference to a law includes that law as amended, replaced or supplemented, together with its subordinate legislation, and (f) the terms "controller", "processor", "business", "service provider", "contractor", "third party", "sale", "sell", "share", "sharing", "cross-context behavioral advertising", "targeted advertising", "profiling", "consent" and "sensitive personal information" have the meanings given to them by the Applicable Data Protection Law concerned. The "Effective Date" is the date stated as the effective date at the top of this Policy.

3Controller and Privacy Officer

3.1Controller

Ferrix Labs is the controller of the Personal Information Processed as described in this Policy, and is the "business", "organization", "enterprise", "responsible person" or "controlador", as applicable, for the purposes of Applicable Data Protection Law, except in respect of Processing that a third party, including the App Store Provider or an Advertising Platform, carries out as an independent controller or third party for its own purposes. Where Ferrix Labs and another person jointly determine the purposes and means of a particular Processing operation, Section 8.6 applies.

3.2Privacy Officer

Ferrix Labs has designated a Privacy Officer who is responsible for overseeing compliance with this Policy and with Applicable Data Protection Law. The Privacy Officer is the person in charge of the protection of personal information for the purposes of the Quebec Private Sector Act, is the individual accountable for compliance for the purposes of PIPEDA, and acts as the point of contact for data subjects and supervisory authorities in respect of the Processing described in this Policy, including for the purposes of the LGPD to the extent applicable. The Privacy Officer may be contacted only by email at sweep@ferrixlabs.com, with the words "Privacy Request" in the subject line.

4On-Device Processing of Media Content

4.1Processing performed on your Device

To provide its features, the App accesses your Media Content to the extent you permit through the photo library permission of your Device and analyzes that Media Content on your Device. Such on-device Processing includes displaying Media Content, recording your sorting decisions, classifying Media Content into categories (such as screenshots, videos, blurred or out-of-focus items, items saved by messaging applications and other categories), detecting duplicate and visually similar items by computing image representations, hashes and similarity values, estimating the storage occupied by Media Content and the storage that an action may release, producing compressed copies of videos, converting Live Photos into still images, creating, modifying and managing albums, identifying items captured on the same calendar date in prior years, and generating local notifications. Except for the limited usage information described in Section 5.2 (for example, the fact that a deletion occurred and the number of items involved), neither your Media Content nor the On-Device Data derived from it is transmitted to Ferrix Labs or to any Service Provider, and Ferrix Labs has no access to it.

4.2On-Device Data

The App stores on your Device information that it generates or derives in the course of providing the Services, including your keep, delete and other sorting decisions, the items you have marked to keep or to delete, scan results, image hashes, image representations and similarity data, category and grouping results, cached thumbnails and previews, compressed copies of videos awaiting your confirmation, counters of items processed and storage released, streak and daily allowance counters, notification schedules, and your settings and preferences (collectively, "On-Device Data"). On-Device Data is stored within the storage allocated to the App by the operating system of your Device. Depending on the settings of your Device, On-Device Data may be included in backups of your Device that you create through the backup services of the App Store Provider or of any other provider you choose, which are under your control and are governed by the terms of those services. On-Device Data is removed from your Device when you delete the App, subject to any such backup.

4.3No biometric processing

The App does not perform facial recognition, does not identify, recognize or verify any individual depicted in Media Content, and does not create biometric identifiers, biometric templates or biometric information. The image representations used for similarity analysis are generic representations of visual content that are neither designed nor used to identify any individual.

4.4Operating-system functions

The App relies on frameworks and services of the operating system of your Device, the operation of which is controlled by the App Store Provider and not by Ferrix Labs. Certain of those functions may cause the operating system to transmit information to the App Store Provider under its own terms and privacy policy, including (a) where you open the detail view of a media item whose metadata contains location coordinates, the App may request the corresponding place name from the location lookup service of the operating system, which transmits those coordinates to the App Store Provider, (b) where you use the cloud photo synchronization service of the App Store Provider, the deletions, compressions, conversions and album changes that you confirm are synchronized across your devices and with that service, and the App may cause the operating system to download original Media Content from that service, (c) the confirmation prompts through which you authorize the deletion or replacement of Media Content, the purchase sheets through which you make Purchases, the rating prompt, the notification permission and the Tracking Permission are presented by the operating system, and (d) progress of background tasks may be displayed by the operating system on the lock screen and in other system interfaces of your Device. Ferrix Labs does not receive the information transmitted to the App Store Provider through these functions.

4.5Sharing at your direction

Where you use a sharing function of the App, the selected Media Content is passed to the sharing interface of the operating system and transmitted to the recipient, application or service that you select. Ferrix Labs does not receive that Media Content, and its further Processing is governed by the terms of the recipient, application or service you select.

4.6Media Content you send to us

If you choose to attach Media Content or any other content to correspondence with Ferrix Labs, Ferrix Labs receives that content and Processes it as described in Section 5.1. You should not send Media Content to Ferrix Labs unless it is necessary for the resolution of your inquiry.

5Personal Information We Collect

5.1Information you provide to us

Ferrix Labs collects the Personal Information that you provide when you communicate with Ferrix Labs, including (a) your email address, your name and any other information contained in your messages and their headers, (b) the content of your inquiries, feedback, complaints and requests, and any attachments, (c) where you compose an email through the support or feedback functions of the App, the information that the App inserts into that email, which includes the App version and build, the operating system version of your Device and the identifier that our subscription management provider has assigned to your installation of the App, and (d) where you submit a request concerning your Personal Information, the information you provide to support, verify or enable us to act on that request.

5.2Information collected automatically through the App

When you install, open or use the App, Ferrix Labs, and Service Providers and Advertising Platforms whose software components are incorporated in the App, automatically collect the following categories of Personal Information from your Device:

• (a) Device and installation identifiers, including the identifier for vendors assigned by the operating system of your Device, identifiers assigned to your installation of the App by our Service Providers (including our subscription management provider, our paywall and experimentation provider, our mobile measurement partner and our cloud infrastructure providers), installation and instance identifiers, and transaction identifiers assigned by the App Store Provider.
• (b) The Advertising Identifier, only if you have granted the Tracking Permission and for so long as it remains granted.
• (c) Network and connection information, including your Internet Protocol (IP) address, the approximate location derived from your IP address (such as country, region and city), and, where made available by your Device, the type of network connection and the mobile carrier.
• (d) Device and software information, including the manufacturer and model of your Device, the operating system and its version, the language, locale, region, time zone and app marketplace storefront country of your Device, screen characteristics, device settings relevant to the operation of the App (such as appearance and low-power settings), the App version and build number, the versions of software components incorporated in the App, and the dates and times of installation, first launch and subsequent launches.
• (e) Permission and settings status, including whether you have granted full, limited or no access to your photo library, whether you have granted, refused or not yet answered the notification permission and the Tracking Permission, and your notification and announcement preferences within the App.
• (f) Usage and event information, including the screens and steps of onboarding that you view or complete, your responses to permission requests, the viewing, dismissal and completion of paywalls, the initiation of checkout, the start of free trials, the acceptance of introductory, win-back and other offers, the first deletion you complete and the number of items it included, your refusal of a deletion confirmation prompt, reaching the daily allowance of the free tier, the days on which you use the App, the opening of the App from a notification and the type of that notification, the use of home screen quick actions, the features you use, and the dates, times, frequency and duration of these interactions.
• (g) Paywall, offer and experiment information, including the paywalls, layouts, copy, products, prices, trial terms and offers presented to you, the placement or event that caused each to be presented, your interactions with each, the experiments, audiences and variants to which you are assigned, and the results of those interactions.
• (h) User attributes, being values that the App associates with your installation and makes available to our paywall and experimentation provider and other Service Providers to determine what is presented to you and to analyze results, including your current and best usage streak, the identifier assigned by our mobile measurement partner, the media source and campaign to which your installation is attributed, configuration flags, and other attributes that we may define from time to time.
• (i) Purchase and subscription information, including the product purchased, its price and currency, the storefront, transaction and original transaction identifiers, purchase, renewal and expiration dates, trial, introductory, promotional and win-back offer status, renewal status, upgrades, downgrades and crossgrades, cancellations, billing issues, refunds, revocations and family sharing status.
• (j) Diagnostic and performance information, including crash reports, stack traces, error events, logs and performance metrics generated by the App or by software components incorporated in it.
• (k) Notification information, including the push notification token assigned to your Device, the registration and messaging tokens assigned by our cloud infrastructure providers, the topics to which your installation is subscribed, and the delivery and opening of notifications.
• (l) Configuration information, being the requests that the App makes to retrieve remote configuration values, which include installation identifiers, App, Device and locale information and the conditions evaluated in delivering configuration values, together with the values delivered.

Certain versions of the App have incorporated, and future versions may incorporate, software components provided by our mobile measurement partner or by Advertising Platforms, which collect the information described in this Section 5.2 directly from your Device and transmit it to the provider of the component. Information described in this Section 5.2 may be collected before you respond to the Tracking Permission, in which case it is collected without the Advertising Identifier.

5.3Information we receive from the App Store Provider

Ferrix Labs and its Service Providers receive from the App Store Provider (a) information about your Purchases, including transaction, renewal, offer redemption, billing issue, price change consent, cancellation, refund and revocation information, and notifications of such events, (b) notice of refund requests that you submit to the App Store Provider and requests for information relating to those requests, (c) aggregated and de-identified sales, usage, retention and acquisition reports, including reports relating to the campaign or referral link through which the App was obtained, (d) crash reports and diagnostic information, where you have elected through your Device settings to share such information with application developers, (e) install and conversion attribution reports generated by the privacy-preserving attribution frameworks of the operating system, and (f) ratings and reviews that you publish on the app marketplace.

5.4Information we receive from our mobile measurement partner, Advertising Platforms and other third parties

Ferrix Labs receives from its mobile measurement partner and from Advertising Platforms (a) attribution information relating to your installation of the App, including whether the installation is attributed to an advertisement or is designated as organic, and where applicable the Advertising Platform, campaign, ad set, advertisement, creative, placement, keyword, click or impression date and time, attribution method and re-engagement status, (b) signals and results of fraud detection and validation, and (c) aggregated reports of advertising performance, cost and return. Ferrix Labs may associate attribution information with the other information collected in connection with your installation of the App.

5.5Information collected through the Website

The hosting infrastructure of the Website records standard server logs for each request, which include the IP address of the requesting device, the date and time of the request, the page or resource requested, the referring page, the browser user agent and the response status. As at the Effective Date, the Website does not set cookies, does not use analytics, advertising, social media or other tracking technologies, and does not load third-party scripts. Links on the Website to the app marketplace may contain campaign parameters that enable the App Store Provider to report to Ferrix Labs, in aggregated form, the number of visits to the App's marketplace page and installations of the App that originate from each link. If Ferrix Labs introduces cookies or similar technologies on the Website, Ferrix Labs will update this Policy beforehand and will obtain consent where Applicable Data Protection Law requires it.

5.6Inferences

Ferrix Labs, its Service Providers and Advertising Platforms may derive inferences from the information described in this Section 5, including inferences about the channel through which you obtained the App, your likelihood of starting a trial, making a Purchase, renewing, cancelling or returning to the App, your engagement with the App, the value of your installation, and the likelihood that an installation, event or transaction is fraudulent or invalid.

5.7Information we do not collect

Ferrix Labs does not collect your Media Content (except as described in Section 4.6), account credentials (the Services do not offer user accounts), your postal address or telephone number, your payment card or other payment instrument details (which are collected and Processed by the App Store Provider), your precise geolocation, your contacts, or biometric, health or other information that constitutes a special category of personal data or sensitive personal information under Applicable Data Protection Law. If you voluntarily include such information in correspondence with Ferrix Labs, Ferrix Labs will Process it only to the extent necessary to respond to that correspondence and to comply with law.

5.8Whether you are required to provide Personal Information

You are not under any statutory obligation to provide Personal Information to Ferrix Labs. The collection of the information described in Sections 5.2 to 5.4 is a technical consequence of installing and using the App, and certain of that information (including purchase and subscription information, installation identifiers and network information) is necessary for Ferrix Labs to provide the Services, to process and verify Purchases and to grant the features to which you are entitled under the Terms. If you do not wish this information to be collected, you should not install or use the App. You may refuse or withdraw the photo library permission, the notification permission or the Tracking Permission at any time, in which case the features that depend on that permission will be unavailable or limited, as further described in Section 15.2.

6Purposes of Processing

Ferrix Labs Processes Personal Information for the following purposes:

• (a) Providing the Services, including operating the App and the Website, delivering the features of the free tier and of paid features, administering the daily allowance of the free tier, and maintaining the continuity and functionality of the Services.
• (b) Processing Purchases and managing entitlements, including validating transactions with the App Store Provider, granting, restoring and revoking access to paid features, managing subscriptions, trials and offers, determining eligibility for offers, and maintaining records of Purchases.
• (c) Presenting paywalls, offers and prices, including determining which paywalls, products, prices, trials and offers are presented to you, when and in what form, as further described in Section 9.
• (d) Experimentation and optimization, including designing, running and analyzing experiments and tests of features, designs, copy, onboarding flows, paywalls, products, prices and offers.
• (e) Advertising, attribution and measurement, including attributing installations, trials, Purchases, renewals and other events to the advertising, campaigns and channels that led to them, measuring the effectiveness and return of advertising, enabling Advertising Platforms to measure, attribute and optimize the delivery of advertising for the App (including to persons who may be similar to existing users of the App), and planning and allocating advertising expenditure, as further described in Section 8.
• (f) Analytics and improvement, including understanding how the Services are used, analyzing aggregate usage, engagement, retention, conversion and revenue, and developing, improving and personalizing the Services.
• (g) Notifications and communications, including delivering notifications that you have enabled, delivering announcements, news and offers where you have opted in, and responding to your inquiries, feedback and requests.
• (h) Configuration, including delivering and varying remote configuration values that control the behavior, content, features and limits of the App.
• (i) Diagnostics, security and integrity, including detecting, diagnosing and correcting crashes, errors and performance issues, and protecting the Services, Ferrix Labs and users against fraud, abuse, invalid traffic, unauthorized access and security incidents.
• (j) Responding to refund requests, including providing information to the App Store Provider, at its request, concerning a Purchase that is the subject of a refund request, the delivery and use of the purchased features and your history of Purchases and refunds, to assist the App Store Provider in deciding that request.
• (k) Legal compliance, including complying with tax, accounting, record-keeping, consumer protection and other legal obligations, responding to lawful requests of public authorities, and responding to requests made under Applicable Data Protection Law.
• (l) Protection of rights, including establishing, exercising and defending legal claims, enforcing the Terms and other agreements, and protecting the rights, property and safety of Ferrix Labs, its users and others.
• (m) Corporate transactions, including evaluating, negotiating and completing any merger, acquisition, financing, reorganization, sale of assets or similar transaction, and any related due diligence.
• (n) Any other purpose disclosed to you at or before the time of collection, or to which you consent, or which is compatible with the purposes described above.

7Legal Bases for Processing (EEA, United Kingdom and Switzerland)

7.1Legal bases relied upon

Where the GDPR or the UK GDPR applies, Ferrix Labs relies on the following legal bases under Article 6(1) of the GDPR or the UK GDPR, as applicable:

7.2Legitimate interests assessment

Where Ferrix Labs relies on its legitimate interests, it has assessed that those interests are not overridden by your interests or fundamental rights and freedoms. In making that assessment, Ferrix Labs has considered that (a) the Services are distributed without charge, are financed by Purchases made by a minority of users, and depend for their availability on Ferrix Labs' ability to acquire users through advertising, to measure the effectiveness of that advertising, to offer and price paid features and to prevent fraud, (b) the Personal Information concerned is limited to pseudonymous device-level, technical, usage and transactional information, does not include your Media Content, your name or your contact details (except where you contact Ferrix Labs), and does not include special categories of personal data, (c) Processing that relies on the Advertising Identifier, being the identifier designed by the App Store Provider for Tracking, takes place only where you have granted the Tracking Permission, (d) the Processing is of a kind that users of applications distributed without charge through app marketplaces, which present a tracking permission and are financed through paid features, may reasonably expect, (e) the measures described in this Policy, including pseudonymization, contractual restrictions on Service Providers, retention limits and security measures, limit the impact of the Processing, and (f) you may object to the Processing at any time as described in Section 16.3. You may request further information about this assessment by contacting the Privacy Officer.

7.3Switzerland

Where the FADP applies, Ferrix Labs Processes Personal Information in accordance with the principles of the FADP, and to the extent a justification is required, relies on the grounds corresponding to those described in Section 7.1, including consent, overriding private interests and legal obligations.

8Advertising, Attribution, Measurement and Tracking

8.1Why we use advertising measurement

Ferrix Labs acquires users of the App through advertising placed on Advertising Platforms. To determine which advertising leads to installations, trials, Purchases and renewals, to allocate its advertising expenditure and to enable Advertising Platforms to measure and optimize the delivery of advertising for the App, Ferrix Labs uses a mobile measurement partner and discloses information to Advertising Platforms as described in this Section 8.

8.2Information disclosed for advertising purposes

Ferrix Labs, and its Service Providers on its behalf, disclose to its mobile measurement partner, and through that partner or directly to Advertising Platforms, (a) device and installation identifiers, including the Advertising Identifier where you have granted the Tracking Permission, (b) network information, including your IP address, (c) device and software information, (d) usage and event information, including the onboarding, paywall, checkout, trial, offer, deletion, daily allowance, active day and notification events described in Section 5.2(f), and (e) purchase and subscription information, including Purchases, trials, renewals, cancellations and refunds, together with their revenue amounts and currency, which may be transmitted from the servers of Service Providers rather than from your Device. These disclosures are made in respect of all users of the App, including users whose installation is designated as organic and users who have never interacted with an advertisement, because the determination of whether an installation is attributable to advertising, and the measurement and optimization of advertising, require information about all installations.

8.3If you grant the Tracking Permission

If you grant the Tracking Permission, the App, its software components and Ferrix Labs' Service Providers access the Advertising Identifier and use and disclose it, together with the information described in Section 8.2, for Tracking, including to link information collected through the App with information collected by Advertising Platforms and others from other companies' applications, websites and properties, in order to attribute, measure and optimize advertising. This Processing involves the disclosure of Personal Information for cross-context behavioral advertising and targeted advertising within the meaning of certain US State Privacy Laws.

8.4If you refuse or do not answer the Tracking Permission

If you refuse the Tracking Permission, or until you respond to it, the App does not access the Advertising Identifier and does not engage in Tracking. Ferrix Labs and its Service Providers nevertheless continue to collect the information described in Section 5.2 (other than the Advertising Identifier) and to disclose the information described in Section 8.2 (other than the Advertising Identifier) to the mobile measurement partner and to Advertising Platforms, in a manner intended to comply with the rules of the App Store Provider applicable to applications for which Tracking has not been permitted, for the purposes of attribution, measurement, fraud prevention and aggregated, modeled or privacy-preserving reporting. Refusing the Tracking Permission therefore limits, but does not eliminate, the disclosures described in this Section 8.

8.5Privacy-preserving attribution frameworks

The operating system of your Device includes attribution frameworks that report installations and subsequent conversions to Advertising Platforms in aggregated and delayed form, without disclosing the identity of your Device. Ferrix Labs configures the conversion values reported through those frameworks to reflect events and Purchases occurring in the App, and copies of the resulting reports may be provided to Ferrix Labs' mobile measurement partner.

8.6Role of Advertising Platforms

Advertising Platforms Process the information they receive as independent controllers or third parties for their own purposes, under their own terms and privacy policies, and may combine it with other information they hold about you, including information associated with any account you hold with them. Ferrix Labs does not control and is not responsible for that Processing. Where, under the GDPR or the UK GDPR, Ferrix Labs and an Advertising Platform are considered joint controllers in respect of the collection of Personal Information through the App and its transmission to that Advertising Platform, (a) the joint controllership extends only to that collection and transmission and not to any subsequent Processing by the Advertising Platform, (b) Ferrix Labs is responsible for providing the information required by Articles 13 and 14 of the GDPR or the UK GDPR in respect of that stage, which it provides in this Policy, (c) the Advertising Platform is responsible for enabling the exercise of data subject rights in respect of the Personal Information it holds after transmission, and (d) you may exercise your rights in respect of that stage against Ferrix Labs or the Advertising Platform.

8.7Your choices

You may (a) grant, refuse or withdraw the Tracking Permission at any time for the App, or for all applications, through the privacy settings of your Device, (b) use the advertising personalization controls offered by the operating system of your Device and by any Advertising Platform with which you hold an account, (c) object to Processing or exercise your other rights as described in Sections 15 to 19, and (d) stop all further collection of information through the App by deleting the App from your Device. The App does not provide a separate in-App control for the matters described in this Section 8.

9Paywalls, Offers, Prices, Experiments and Automated Decision-Making

9.1Personalized presentation of offers and prices

Ferrix Labs, through its paywall and experimentation provider and its remote configuration services, uses automated means to determine which paywalls, layouts, copy, products, prices, trial terms and offers are presented to you, when and in what sequence. Those determinations may be based on random assignment to experiments, audiences and variants, and on rules that evaluate information such as your storefront country, locale, App version, installation date, acquisition channel and campaign, history of Purchases, eligibility for introductory, win-back and other offers as determined by Ferrix Labs and the App Store Provider, prior interactions with paywalls and offers, and usage of the App. As a result, the prices and offers presented to you may be personalized on the basis of automated decision-making and may differ from those presented to other users, in other storefronts or at other times.

9.2No decisions with legal or similarly significant effects

The determinations described in Section 9.1, and any other automated Processing carried out in connection with the Services, do not produce legal effects concerning you or similarly significantly affect you within the meaning of Article 22 of the GDPR or the UK GDPR. You remain free to accept or decline any offer presented to you, the final price of any Purchase is stated by the App Store Provider before you confirm it, and no such determination is based on special categories of personal data. Ferrix Labs does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects within the meaning of the US State Privacy Laws.

9.3Information on request

If you reside in Quebec and a decision concerning you is based exclusively on automated Processing of your Personal Information, you may request, by contacting the Privacy Officer, information about the Personal Information used to render the decision, the reasons and principal factors and parameters that led to it, and your right to have the Personal Information used to render the decision corrected, and you may submit observations to a member of personnel of Ferrix Labs who is in a position to review the decision. Any other person may contact the Privacy Officer with questions concerning automated Processing.

10Notifications

10.1Local notifications

Local notifications, such as reminders, notifications of items captured on the same date in prior years, notifications of duplicate items, notifications of the completion of video compression and notifications relating to the daily allowance of the free tier or to your usage streak, are generated and scheduled on your Device, and their content is not transmitted to Ferrix Labs. Notifications may display Media Content or information derived from it, and may be visible on the lock screen of your Device and to any person with access to your Device, in accordance with the notification settings of your Device.

10.2Remote notifications

Remote notifications, including announcements, news and offers, are delivered through the notification service of the App Store Provider and the messaging services of Ferrix Labs' cloud infrastructure providers, using the notification information described in Section 5.2(k). Ferrix Labs sends announcements, news and offers only where you have granted the notification permission and enabled the corresponding setting in the App. You may disable announcements, news and offers at any time through the settings of the App, and all notifications through the notification settings of your Device.

11Disclosure of Personal Information

11.1Service Providers

Ferrix Labs discloses Personal Information to Service Providers that Process it on Ferrix Labs' behalf, under written obligations of confidentiality and data protection, for the purposes described in Section 6. The categories of Service Providers are:

• (a) our subscription management provider, located in the United States, which validates transactions, manages entitlements, records Purchases and subscription events, provides subscription analytics, transmits Purchase and subscription events to our mobile measurement partner and Advertising Platforms on our instructions, and assists in responding to refund requests,
• (b) our paywall and experimentation provider, located in the United States, which presents paywalls and offers, runs experiments, holds user attributes and provides analytics of paywall and offer performance,
• (c) our mobile measurement partner, located in the United States and other countries, which attributes installations and events, detects fraud, provides measurement reports and transmits information to Advertising Platforms on our instructions,
• (d) cloud infrastructure providers, located in the United States and other countries, which host the Website, deliver remote notifications, deliver remote configuration, and provide computing, storage, logging and related services,
• (e) communications and productivity providers, which host and transmit email and documents, and
• (f) professional advisers and other service providers, including legal, accounting, tax, audit and insurance advisers and providers of security and fraud prevention services, under duties of confidentiality.

Certain Service Providers may also Process Personal Information for their own limited purposes, such as improving their services, detecting fraud or complying with law, to the extent permitted by Applicable Data Protection Law and their agreements with Ferrix Labs.

11.2Advertising Platforms

Ferrix Labs discloses the Personal Information described in Section 8.2 to Advertising Platforms, which Process it as described in Section 8.6.

11.3App Store Provider

Ferrix Labs discloses Personal Information to the App Store Provider to the extent necessary to verify and administer Purchases, to respond to the App Store Provider's requests for information concerning refund requests as described in Section 6(j), and otherwise as required by the App Store Provider's terms.

11.4Corporate transactions

Ferrix Labs may disclose and transfer Personal Information to an actual or prospective acquirer, successor, investor, lender or assignee, and to their advisers, in connection with the evaluation, negotiation or completion of any merger, acquisition, financing, reorganization, insolvency, sale of all or part of Ferrix Labs' assets or the Services, or similar transaction, subject to customary confidentiality obligations. In the event of such a transaction, Personal Information may be among the transferred assets and will continue to be Processed in accordance with this Policy or a policy that provides comparable protection.

11.5Legal requirements and protection of rights

Ferrix Labs may disclose Personal Information where it believes in good faith that disclosure is required or permitted by law, regulation, legal process or an enforceable request of a public authority, including to meet national security or law enforcement requirements, or is necessary to establish, exercise or defend legal claims, to enforce the Terms, to detect, prevent or address fraud, security or technical issues, or to protect the rights, property or safety of Ferrix Labs, its users or others.

11.6Affiliates

Ferrix Labs may disclose Personal Information to its present and future affiliates, which will Process it in accordance with this Policy.

11.7With your consent or at your direction

Ferrix Labs may disclose Personal Information with your consent or at your direction.

11.8De-identified and aggregated information

Ferrix Labs may use and disclose information that has been de-identified, anonymized or aggregated for any purpose. Where Ferrix Labs maintains de-identified information, it maintains and uses that information only in de-identified form, does not attempt to re-identify it except as permitted by Applicable Data Protection Law, and requires recipients to comply with the same obligations.

11.9Sales and sharing

Ferrix Labs does not sell Personal Information in exchange for money. Section 17.4 describes the extent to which the disclosures described in Section 8 may constitute a "sale", "sharing" or "targeted advertising" under the US State Privacy Laws.

12International Transfers

12.1Countries of Processing

Ferrix Labs is established in Canada. Its Service Providers and Advertising Platforms are located, and Process Personal Information, principally in the United States and also in other countries in which they or their sub-processors operate. Personal Information may therefore be transferred to, stored in and Processed in Canada, the United States and other countries whose data protection laws may differ from, and may be less protective than, those of your country of residence, and may be accessible to the courts, law enforcement and national security authorities of those countries.

12.2Safeguards for transfers from the EEA, the United Kingdom and Switzerland

Where Personal Information is transferred from the EEA, the United Kingdom or Switzerland to a country that has not been recognized as providing an adequate level of protection, Ferrix Labs relies on (a) for transfers to Canada, the adequacy decision of the European Commission in respect of Canadian organizations subject to PIPEDA, the corresponding adequacy regulations of the United Kingdom and the recognition of Canada by the Swiss Federal Council, (b) for transfers to recipients in the United States that are certified under the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework or the Swiss-U.S. Data Privacy Framework, as applicable, the corresponding adequacy decision or recognition, (c) the standard contractual clauses approved by the European Commission in Commission Implementing Decision (EU) 2021/914, together, where applicable, with the International Data Transfer Addendum issued by the UK Information Commissioner and the adaptations required for transfers subject to the FADP, and (d) where none of the foregoing applies, the derogations available under Article 49 of the GDPR or the UK GDPR or the corresponding provisions of the FADP, including where a transfer is necessary for the performance of a contract with you. You may obtain information about the safeguards applicable to a transfer, and a copy of them (which may be redacted to protect commercial information), by contacting the Privacy Officer.

12.3Quebec

Personal Information of residents of Quebec may be communicated outside Quebec, including to Canada outside Quebec and to the United States. Such communications are subject to the requirements of the Quebec Private Sector Act concerning the assessment of privacy-related factors and written agreements, to the extent applicable.

13Retention

13.1Retention criteria

Ferrix Labs retains Personal Information for as long as necessary to fulfil the purposes for which it was collected, as described in Section 6, and thereafter for as long as necessary to comply with legal obligations, to resolve disputes, to establish, exercise or defend legal claims and to enforce its agreements. In determining retention periods, Ferrix Labs considers the nature and sensitivity of the information, the purposes of Processing, whether those purposes can be achieved by other means, the duration of any entitlement you hold, applicable limitation periods, and applicable legal, tax and accounting requirements.

13.2Retention by category

Subject to Section 13.1:

• (a) On-Device Data remains on your Device until you delete it or the App, subject to any backup you have made, and is not held by Ferrix Labs.
• (b) Correspondence and requests are retained for the duration of the correspondence and thereafter for as long as reasonably necessary to address related inquiries, to maintain records of requests made under Applicable Data Protection Law and of their handling, and to address any related claim within the applicable limitation period.
• (c) Purchase and subscription information is retained for as long as you hold any entitlement to paid features, including for the duration of any lifetime entitlement, which requires a durable record of the Purchase, and thereafter for the periods required by tax, accounting and other applicable laws and the applicable limitation periods.
• (d) Identifiers, usage and event, paywall and experiment, attribution information and user attributes are retained for as long as necessary for attribution, measurement, fraud detection, analytics and the evaluation of experiments, in accordance with the retention settings of the Service Providers that hold them, and are thereafter deleted, de-identified or aggregated.
• (e) Diagnostic information is retained for the period reasonably necessary to diagnose and correct the issues to which it relates.
• (f) Notification information is retained until the relevant token becomes invalid or inactive, or until you disable notifications or delete the App.
• (g) Website server logs are retained for a limited period, ordinarily not exceeding approximately thirty (30) days, unless retained for longer to investigate or address a security incident or misuse.
• (h) De-identified and aggregated information may be retained indefinitely.

Ferrix Labs may retain Personal Information for longer than the periods described above where required by law or by a legal hold, or where necessary to establish, exercise or defend legal claims.

14Security

Ferrix Labs maintains administrative, technical and organizational measures designed to protect Personal Information against accidental, unlawful or unauthorized destruction, loss, alteration, disclosure and access, appropriate to the nature of the Personal Information and the risks of the Processing, including encryption of information in transit, access controls based on the principle of least privilege, and the selection of Service Providers that maintain appropriate security measures. The architecture of the Services, under which Media Content is Processed on your Device and is not transmitted to Ferrix Labs, is itself a principal safeguard. No method of transmission over the Internet or of electronic storage is completely secure, and Ferrix Labs does not warrant or guarantee the security of any information. You are responsible for the security of your Device, including its passcode, its operating system updates, its backups and its notification settings. Where Applicable Data Protection Law requires, Ferrix Labs will notify affected individuals and the competent authorities of a breach of security safeguards or a personal data breach.

15Your Rights and Choices

15.1Rights

Depending on the Applicable Data Protection Law of your place of residence, and subject to the conditions, limitations and exceptions it provides, you may have some or all of the following rights in respect of your Personal Information: (a) to be informed whether Ferrix Labs Processes it and to access it, (b) to know the categories and specific pieces of Personal Information Ferrix Labs has collected, the categories of sources, the purposes of Processing and the categories of recipients, (c) to correct or rectify inaccurate or incomplete Personal Information, (d) to delete or erase it, (e) to receive it in a portable format and to transmit it to another controller, (f) to restrict its Processing, (g) to object to its Processing, (h) to withdraw consent at any time, without affecting the lawfulness of Processing based on consent before its withdrawal, (i) to opt out of the sale or sharing of Personal Information, of targeted advertising and of profiling in furtherance of decisions producing legal or similarly significant effects, (j) to appeal a decision concerning your request, (k) to lodge a complaint with a supervisory authority, and (l) not to receive discriminatory treatment for exercising your rights. Sections 16 to 19 contain additional information by jurisdiction.

15.2Choices available on your Device

You may at any time (a) grant, limit or withdraw the photo library permission of the App, in which case the App will be unable to Process the Media Content you have not made available to it, (b) grant or withdraw the notification permission, and enable or disable announcements, news and offers in the settings of the App, (c) grant, refuse or withdraw the Tracking Permission, with the effects described in Sections 8.3 and 8.4, and (d) delete the App, which ends all further collection of information through the App and removes On-Device Data from your Device, subject to any backup. Deleting the App does not delete Personal Information previously collected by Ferrix Labs, its Service Providers, the App Store Provider or Advertising Platforms, and does not cancel any subscription.

15.3How to submit a request

You may submit a request to exercise your rights by email to sweep@ferrixlabs.com, with the words "Privacy Request" in the subject line, stating your country (and, if applicable, your state or province) of residence and the right you wish to exercise. Because the Services do not offer user accounts and the Personal Information Processed in connection with your Device is not ordinarily associated with your name or contact details, Ferrix Labs can locate that information only by means of identifiers associated with your installation of the App. Ferrix Labs therefore recommends that you submit your request by email composed through the support function of the App, which inserts the identifier described in Section 5.1(c), or that you include in your request the order identifier shown on the receipt for any Purchase issued to you by the App Store Provider.

15.4Verification and matching

Ferrix Labs will take reasonable steps to verify your identity and to match your request to the Personal Information concerned, which may require you to provide additional information. Ferrix Labs will not require you to create an account. If Ferrix Labs cannot verify your identity or cannot reasonably associate your request with Personal Information that it or its Service Providers hold, it may decline the request, in whole or in part, to the extent permitted by Applicable Data Protection Law, and will inform you of the reasons and of the means available to you, including those described in Section 15.2. Ferrix Labs will use information provided for verification only for the purposes of verification, of responding to your request and of maintaining records of requests.

15.5Response periods

Ferrix Labs will respond to verified requests within the period required by Applicable Data Protection Law, which is ordinarily one (1) month under the GDPR and the UK GDPR, extendable by two (2) further months where necessary, forty-five (45) days under the US State Privacy Laws, extendable by a further forty-five (45) days where reasonably necessary, and thirty (30) days under PIPEDA and the Quebec Private Sector Act, extendable where those laws permit. Ferrix Labs will inform you of any extension and of the reasons for it.

15.6Authorized agents

Where Applicable Data Protection Law permits, you may designate an authorized agent to submit a request on your behalf. Ferrix Labs may require the agent to provide proof of its authorization and may require you to verify your identity directly with Ferrix Labs, except where the agent holds a valid power of attorney or the law otherwise provides.

15.7Fees and limitations

Ferrix Labs will respond to requests without charge, except that it may charge a reasonable fee, or refuse to act, where a request is manifestly unfounded, excessive or repetitive, to the extent permitted by Applicable Data Protection Law. Ferrix Labs may decline or limit a request where Applicable Data Protection Law provides an exception, including where the information is required to comply with a legal obligation, to establish, exercise or defend legal claims, to complete a transaction or to detect and prevent fraud. Where Ferrix Labs deletes Personal Information at your request, it will direct its Service Providers to delete the corresponding information that they hold on its behalf, to the extent required by Applicable Data Protection Law. Personal Information held by the App Store Provider or by Advertising Platforms as independent controllers or third parties is not within Ferrix Labs' control, and requests concerning that information should be addressed to them.

15.8Non-discrimination

Ferrix Labs will not discriminate against you for exercising any of your rights under Applicable Data Protection Law. Ferrix Labs may, however, be unable to provide features that depend on Processing you have restricted or objected to, or on permissions you have refused or withdrawn.

16Additional Information for the EEA, the United Kingdom and Switzerland

16.1Controller and contact

The controller of your Personal Information is Ferrix Labs Inc., a corporation incorporated in Canada. Data subjects in the EEA, the United Kingdom and Switzerland, and supervisory authorities, may address all communications concerning the Processing of Personal Information under this Policy to the Privacy Officer by email at sweep@ferrixlabs.com.

16.2Your rights

Subject to the conditions and exceptions provided by the GDPR, the UK GDPR or the FADP, as applicable, you have the rights of access (Article 15), rectification (Article 16), erasure (Article 17), restriction of Processing (Article 18), data portability (Article 20) and objection (Article 21), the right to withdraw consent at any time (Article 7(3)), and the right not to be subject to a decision based solely on automated Processing that produces legal effects concerning you or similarly significantly affects you (Article 22).

16.3Right to object

Where Ferrix Labs Processes your Personal Information on the basis of its legitimate interests, you have the right to object at any time, on grounds relating to your particular situation, to that Processing. Where Ferrix Labs Processes your Personal Information for direct marketing purposes, including profiling to the extent related to direct marketing, you have the right to object at any time to that Processing, and Ferrix Labs will cease such Processing upon receipt of your objection to the extent it can reasonably associate the objection with your installation of the App. You may disable announcements, news and offers at any time in the settings of the App.

16.4Complaints

You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of the EEA of your habitual residence, place of work or place of the alleged infringement, with the Information Commissioner's Office in the United Kingdom, or with the Federal Data Protection and Information Commissioner in Switzerland. Ferrix Labs invites you to contact the Privacy Officer first so that it may attempt to address your concern.

17Additional Information for Residents of the United States

17.1Applicability

This Section 17 supplements this Policy for residents of the states of the United States whose US State Privacy Laws apply to Ferrix Labs and to the Processing concerned, and applies only to the extent of such application. In accordance with Section 1.4, nothing in this Section 17 constitutes an admission that any US State Privacy Law applies to Ferrix Labs. Where a US State Privacy Law applies, this Section 17 and the other provisions of this Policy referred to in it constitute Ferrix Labs' notice at collection.

17.2Categories of Personal Information

During the twelve (12) months preceding the last updated date stated at the top of this Policy, Ferrix Labs has collected the following categories of Personal Information, as enumerated in the CCPA, from the sources, for the purposes and with the disclosures stated below:

Ferrix Labs has not collected, during that period, characteristics of protected classifications, biometric information, professional or employment-related information, education information or sensitive personal information, except to the extent you have voluntarily included such information in correspondence. Media Content Processed on your Device under Section 4 is not collected by Ferrix Labs.

17.3Sensitive personal information

Ferrix Labs does not collect, use or disclose sensitive personal information for the purpose of inferring characteristics about you, and does not use or disclose sensitive personal information for any purpose that would give rise to a right to limit its use under the CCPA.

17.4Sales, sharing and targeted advertising

Ferrix Labs does not sell Personal Information in exchange for money. However, the disclosure of identifiers, commercial information, internet or other electronic network activity information, approximate geolocation and inferences to Advertising Platforms and to Ferrix Labs' mobile measurement partner for the purposes described in Section 8 may constitute "sharing" of Personal Information for "cross-context behavioral advertising", Processing for "targeted advertising", or, under certain interpretations, a "sale" of Personal Information, in each case as those terms are defined in certain US State Privacy Laws. Ferrix Labs has made such disclosures during the twelve (12) months preceding the last updated date stated at the top of this Policy, of the categories identified in Section 17.2 as sold or shared. Ferrix Labs does not have actual knowledge that it sells or shares the Personal Information of consumers under sixteen (16) years of age.

17.5Right to opt out

Where a US State Privacy Law that applies to Ferrix Labs grants you the right to opt out of the sale or sharing of your Personal Information or of its Processing for targeted advertising, you may exercise that right by (a) refusing or withdrawing the Tracking Permission, which prevents access to the Advertising Identifier and Tracking as described in Section 8.4, and (b) submitting a request in accordance with Section 15.3 with the words "Do Not Sell or Share" in the subject line, which Ferrix Labs will act upon to the extent required by that law and to the extent it can reasonably associate the request with your installation of the App. The App does not provide a separate in-App opt-out control. Deleting the App ends all further collection of information through the App.

17.6Opt-out preference signals

The Website does not sell or share Personal Information or Process it for targeted advertising, and accordingly there is no such Processing on the Website for an opt-out preference signal, such as the Global Privacy Control, to stop. The App does not receive browser-based opt-out preference signals. To the extent a US State Privacy Law that applies to Ferrix Labs requires it to process an opt-out preference signal that is sent from your Device in a format recognized by that law, Ferrix Labs will process the signal as a valid request to opt out in the manner and to the extent required by that law.

17.7Your rights

Subject to the conditions and exceptions provided by the applicable US State Privacy Law, you may have the right to (a) know and access the Personal Information Ferrix Labs has collected about you, including the categories of Personal Information, the categories of sources, the business or commercial purposes, the categories of third parties to which Ferrix Labs discloses it and the specific pieces of Personal Information, (b) correct inaccurate Personal Information, (c) delete Personal Information, (d) obtain a portable copy of Personal Information, (e) opt out as described in Section 17.5, (f) obtain a list of the categories of third parties, or where required the specific third parties, to which Ferrix Labs has disclosed Personal Information, and (g) not be discriminated against for exercising these rights. You may exercise these rights as described in Section 15.

17.8Appeals

If Ferrix Labs declines to take action on your request, in whole or in part, you may appeal that decision by email to sweep@ferrixlabs.com with the words "Privacy Request Appeal" in the subject line, within a reasonable period after receiving the decision. Ferrix Labs will inform you in writing of any action taken or not taken in response to the appeal, and of the reasons, within the period required by the applicable US State Privacy Law. If Ferrix Labs denies your appeal, you may contact the Attorney General of your state of residence.

17.9Do Not Track

The App does not respond to "Do Not Track" signals sent by web browsers. The Website does not track visitors over time and across third-party websites, and Do Not Track signals therefore have no effect on its operation.

17.10Financial incentives

Ferrix Labs does not offer any financial incentive, price difference or difference in quality of service in exchange for the collection, retention, sale or sharing of Personal Information. Differences in the prices or offers presented to you, described in Section 9, are not based on your exercise of any right under the US State Privacy Laws.

17.11Nevada

Ferrix Labs does not sell covered information within the meaning of chapter 603A of the Nevada Revised Statutes. Nevada residents may nevertheless submit a request to opt out of any future sale by following the procedure in Section 15.3.

17.12California Shine the Light

To the extent California Civil Code section 1798.83 applies to Ferrix Labs, California residents may request information about the disclosure of their Personal Information to third parties for those third parties' direct marketing purposes by following the procedure in Section 15.3.

18Additional Information for Canada and Quebec

18.1Accountability and consent

Ferrix Labs is accountable for the Personal Information under its control, including Personal Information transferred to Service Providers for Processing, and uses contractual and other means to provide a comparable level of protection while that information is Processed by them. Where Canadian law requires consent, Ferrix Labs relies on your express consent where required, including through the Tracking Permission and the notification permission, and otherwise on consent implied from your installation and use of the Services in the circumstances described in this Policy, to the extent Canadian law permits. You may withdraw your consent at any time, subject to legal and contractual restrictions and reasonable notice, through the means described in Section 15.2 or by contacting the Privacy Officer. Withdrawal of consent may prevent Ferrix Labs from providing some or all of the Services. With respect to the use of Personal Information for online advertising, the means by which you may decline or withdraw consent are those described in Section 8.7.

18.2Your rights

You may request access to, and correction of, the Personal Information that Ferrix Labs holds about you, and may challenge Ferrix Labs' compliance with PIPEDA or the Quebec Private Sector Act, by contacting the Privacy Officer. If you are not satisfied with Ferrix Labs' response, you may file a complaint with the Office of the Privacy Commissioner of Canada or, if you reside in Quebec, with the Commission d'accès à l'information du Québec.

18.3Quebec

If you reside in Quebec, you also have the rights, subject to the conditions and exceptions of the Quebec Private Sector Act, (a) to be informed of the Personal Information collected about you, the purposes for which it is used, the categories of persons who have access to it within Ferrix Labs, the duration of its retention and the contact information of the Privacy Officer, (b) to request that Personal Information collected from you be communicated to you, or to a person or body you designate, in a structured, commonly used technological format, (c) to request that Ferrix Labs cease disseminating your Personal Information or de-index any hyperlink attached to your name that provides access to it, where the conditions of that Act are met, and (d) to the information described in Section 9.3. The App uses technologies that allow your installation to be identified and profiled for the purposes described in Sections 8 and 9. The means available to you to deactivate the functions that allow profiling through the Advertising Identifier, and to limit other such functions, are the Tracking Permission and the other means described in Section 15.2. Complaints concerning the protection of personal information may be submitted to the Privacy Officer, who will acknowledge and examine them and respond in writing.

19Additional Information for Other Jurisdictions

19.1General

If you reside in a jurisdiction not addressed in Sections 16 to 18 whose Applicable Data Protection Law confers rights in respect of your Personal Information, including Australia, New Zealand, Brazil, Japan, the Republic of Korea, Singapore, Israel, Turkey, South Africa, India and other jurisdictions, you may exercise those rights, subject to the conditions and exceptions of that law, by following the procedure in Section 15.3, and you may lodge a complaint with the competent supervisory authority of your jurisdiction.

19.2Australia and New Zealand

Ferrix Labs handles Personal Information of residents of Australia in accordance with the Australian Privacy Principles, to the extent applicable. Personal Information is likely to be disclosed to recipients located in Canada, the United States and other countries, as described in Section 12. You may complain about a breach of the Australian Privacy Principles by contacting the Privacy Officer, who will respond within a reasonable period, and if you are not satisfied with the response, you may complain to the Office of the Australian Information Commissioner. Residents of New Zealand may complain to the Office of the Privacy Commissioner of New Zealand.

19.3Brazil

Residents of Brazil have the rights set out in Article 18 of the LGPD, including confirmation of the existence of Processing, access, correction, anonymization, blocking or deletion of unnecessary or excessive data, portability, deletion of data Processed with consent, information about the public and private entities with which data has been shared, information about the possibility of refusing consent and its consequences, and revocation of consent. Requests may be submitted to the Privacy Officer, and complaints may be submitted to the Autoridade Nacional de Proteção de Dados.

20Children

The Services are not directed to children, and Ferrix Labs does not knowingly collect Personal Information from children under the age of thirteen (13), or under such higher age as Applicable Data Protection Law of the child's place of residence sets as the age below which parental consent is required for the Processing of a child's Personal Information, which is sixteen (16) in certain jurisdictions. The Terms require users to have reached the minimum age stated in them. If Ferrix Labs learns that it has collected Personal Information from a child in violation of this Section 20, it will take reasonable steps to delete that information. A parent or guardian who believes that a child has provided Personal Information to Ferrix Labs may contact the Privacy Officer.

21Third-Party Services and Links

The Services may contain links to, or enable access to, websites, applications, services and functions operated by third parties, including the App Store Provider. Ferrix Labs does not control and is not responsible for the privacy practices of such third parties, and this Policy does not apply to them. You should review the privacy policies of any third party before providing information to it.

22Changes to this Policy

Ferrix Labs may amend this Policy from time to time, including to reflect changes in its practices, in the Services, in its Service Providers or Advertising Platforms, or in Applicable Data Protection Law. The amended Policy takes effect on the effective date stated in it, which will be no earlier than the date of its publication on the Website. Where an amendment is material, Ferrix Labs will provide notice by such means as it considers appropriate, which may include a notice in the App or on the Website, and will obtain your consent where Applicable Data Protection Law requires it. Your continued use of the Services after the effective date of an amended Policy constitutes acknowledgment of the amended Policy, to the extent permitted by Applicable Data Protection Law. Prior versions of this Policy are available on request.

23Contact

Questions, requests and complaints concerning this Policy or the Processing of Personal Information by Ferrix Labs may be addressed only by email to:

Ferrix Labs Inc. (Canada) Attention: Privacy Officer Email: sweep@ferrixlabs.com Subject line: "Privacy Request"